A writ of mandamus (; lit. ''we command'') is a judicial remedy in common law jurisdictions consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing. Writs of mandamus are usually used in situations where a government official has failed to act as legally required or has taken a legally prohibited action. Decisions that fall within the discretionary power of public officials cannot be controlled by the writ. For example, mandamus cannot force a lower court to take a specific action on applications that have been made. However, if the court refuses to rule at all, then mandamus can be used to order the court to rule on the applications.
Mandamus may be a command to take or not take a particular action, and it is supplemented by legal rights. In the American legal system, it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when they are denied a legal right by someone who has a legal duty to do something and abstains from doing it, or vice versa. (Full article...)
Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 14th chief justice of the United States from 1953 to 1969 and as the 30th governor of California from 1943 to 1953. The Warren Court presided over a major shift in American constitutional jurisprudence, which has been recognized by many as a "constitutional revolution" in the liberal direction, with Warren writing the majority opinions in landmark cases such as Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966), and Loving v. Virginia (1967). Warren also led the Warren Commission, a presidential commission that investigated the 1963 assassination of President John F. Kennedy. Warren is the most recent chief justice to have served in a statewide elected office before nomination to the Supreme Court and is generally considered to be one of the most influential Supreme Court justices and political leaders in the history of the United States.
Warren was Thomas E. Dewey's running mate in the 1948 presidential election, but the ticket lost the election to incumbent president Harry S. Truman and Senator Alben W. Barkley in an election upset. Warren sought the Republican nomination in the 1952 presidential election, but the party nominated Dwight D. Eisenhower. After Eisenhower won election as president, he appointed Warren as chief justice. A series of rulings made by the Warren Court in the 1950s helped lead to the decline of McCarthyism. Warren helped arrange a unanimous decision in Brown v. Board of Education (1954), which ruled that racial segregation in public schools was unconstitutional. After Brown, the Warren Court continued to issue rulings that helped bring an end to the segregationist Jim Crow laws that were prevalent throughout the Southern United States. In Heart of Atlanta Motel, Inc. v. United States (1964), the Court upheld the Civil Rights Act of 1964, a federal law that prohibits racial segregation in public institutions and public accommodations.
In the 1960s, the Warren Court handed down several landmark rulings that significantly transformed criminal procedure, redistricting, and other areas of the law. Many of the Court's decisions incorporated the Bill of Rights, making the protections of the Bill of Rights apply to state and local governments. Gideon v. Wainwright (1963) established a criminal defendant's right to an attorney in felony cases, and Miranda v. Arizona (1966) required police officers to give what became known as the Miranda warning to suspects taken into police custody that advises them of their constitutional protections. Reynolds v. Sims (1964) established that all state legislative districts must be of roughly equal population size, while the Court's holding in Wesberry v. Sanders (1964) required equal populations for congressional districts, thus achieving "one man, one vote" in the United States. Schmerber v. California (1966) established that forced extraction of a blood sample is not compelled testimony, illuminating the limits on the protections of the Fourth and Fifth Amendments. Warden v. Hayden (1967) dramatically expanded the rights of police to seize evidence with a search warrant, reversing the mere evidence rule. Griswold v. Connecticut (1965) established a constitutional right to privacy and struck down a state law that restricted access to contraceptives. Loving v. Virginia (1967) struck down state anti-miscegenation laws, which had banned or otherwise regulated interracial marriage. (Full article...)
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. They are also distinguished from secondary legislation, or regulations, that are issued by an executive body under authority granted by a statute. Depending on the legal system, a statute may also be referred to as an "act." (Full article...)
The Act of Independence of Lithuania (Lithuanian: Lietuvos Nepriklausomybės Aktas) or the Act of February 16th, also the Lithuanian Resolution on Independence (Lithuanian: Lietuvos Nepriklausomybės Nutarimas), was signed by the Council of Lithuania on February 16, 1918. It proclaimed independence from Russia and the restoration of an independent State of Lithuania, governed by democratic principles, with Vilnius as its capital. The Act was signed by all twenty representatives of the Council, which was chaired by Jonas Basanavičius. The Act of February 16 was the result of a series of resolutions on the issue, including one issued by the Vilnius Conference and the Act of January 8. The path to the Act was long and complex because the German Empire exerted pressure on the Council to form an alliance. The Council had to carefully maneuver between the Germans, whose troops were present in Lithuania, and the demands of the Lithuanian people.
The immediate effects of the announcement of Lithuania's re-establishment of independence were limited. Publication of the Act was prohibited by the German authorities, and the text was distributed and printed illegally. The work of the Council was hindered, and Germans remained in control over Lithuania. The situation changed only when Germany lost World War I in the fall of 1918. In November 1918 the first Cabinet of Lithuania was formed, and the Council of Lithuania gained control over the territory of Lithuania. Independent Lithuania, although it would soon be battling the Wars of Independence, became a reality.
The laconic Act is the legal basis for the existence of modern Lithuania, both during the interwar period and since 1990. The Act formulated the basic constitutional principles that were and still are followed by all Constitutions of Lithuania. The Act itself was a key element in the foundation of Lithuania's re-establishment of independence in 1990. Lithuania, breaking away from the Soviet Union, stressed that it was simply re-establishing the independent state that existed between the world wars, claiming state continuity, and that the Act never lost its legal power. (Full article...)
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