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However, use of the literal rule may defeat the intention of Parliament. For instance, in the case of Whiteley v. Chappel, [10] the court came to the reluctant conclusion that Whiteley could not be convicted of impersonating "any person entitled to vote" at an election, because the person he impersonated was dead. Using a literal construction ...
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
Supreme Court of the United States 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Established March 4, 1789 ; 235 years ago (1789-03-04) Location Washington, D.C. Coordinates 38°53′26″N 77°00′16″W / 38.89056°N 77.00444°W / 38.89056; -77.00444 Composition method Presidential nomination with Senate confirmation Authorised by ...
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
Summary Bailey v. Alabama: 211 U.S. 452 (1911) peonage laws and the Thirteenth Amendment: Weems v. United States: 217 U.S. 349 (1910) cruel and unusual punishment: Bailey v. Alabama: 219 U.S. 219 (1911) Advisory opinion overturned peonage laws Muskrat v. United States: 219 U.S. 346 (1911) Advisory opinion doctrine Flint v. Stone Tracy Co. 220 U ...
Coker v. Georgia, 433 U.S. 584 (1977) – The death penalty is unconstitutional for rape of an adult woman when the victim is not killed.; Enmund v. Florida, 458 U.S. 782 (1982) – The death penalty is unconstitutional for a person who is a minor participant in a felony and does not kill, attempt to kill, or intend to kill.
The Court held that Kyles should be granted a new trial. The Court noted Brady v.Maryland (1963), which held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.
Lamb's Chapel v. Center Moriches Union Free School District, 508 U.S. 384 (1993), was a decision by the Supreme Court of the United States concerning whether the Free Speech Clause of the First Amendment was offended by a school district that refused to allow a church access to school premises to show films dealing with family and child-rearing issues faced by parents.