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Jackson v. Indiana, 406 U.S. 715 (1972), was a landmark decision of the United States Supreme Court that determined a U.S. state violated due process by involuntarily committing a criminal defendant for an indefinite period of time solely on the basis of his permanent incompetency to stand trial on the charges filed against him.
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Jackson v. Indiana: Due process requires that the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed." Reasoning that if commitment is for treatment and betterment of individuals, it must be accompanied by adequate treatment, several lower courts recognized a due process right ...
In Queensland, the process for having someone declared a vexatious litigant is governed by the Vexatious Proceedings Act 2005, which supplanted an earlier Act. [5] The Act defines a vexatious proceeding to include a proceeding brought without merit or any prospect of success, with the consequence that it is not necessary to prove the existence of any improper motive in order to obtain relief ...
Lambda Legal filed Baskin v.Bogan in the U.S. District Court for the Southern District of Indiana on March 12, 2014, on behalf of three same-sex couples, all women. Their complaint named as defendants Indiana Attorney General Greg Zoeller and three county clerks, with one of the county clerks, Penny Bogan, in her official capacity, as the first-named defendant.
Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Indiana Harbor Belt Railroad also pointed to concerns of distributional fairness, arguing that American Cyanamid was a huge firm better able to bear the costs of an environmental cleanup, while Indiana Harbor Belt Railroad was a struggling regional railroad that nearly went bankrupt after it was ordered to pay the cleanup costs in this case.
XIV; Indiana Public Law 109-2005 (SEA 483) Marion County Election Board , 553 U.S. 181 (2008), was a United States Supreme Court case in which the Court held that an Indiana law requiring voters to provide photographic identification did not violate the United States Constitution .