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Legal terms Amicus Curiae Brief- a document submitted by an individual or government to aid in a lawsuit. Although the individual(s) or government has nothing to do with the lawsuit, the document helps the court gain information about the lawsuit. Beyond Reasonable Doubt- evidence showing that the accused has been found guilty or not guilty beyond a shadow of a doubt. The jurors are completely convinced that no stone has been unturned, and all the evidence, and their results, is satisfied to a moral certainty. In a criminal case, the accused has been found guilty on the basis that all the evidence the juror's have seen and reviewed is presented. Therefore, they are found guilty with no doubt. The nation or common wealth has established itself, and it is called Municipal Law. Civil Law- law concerned with civil or private rights and remedies. It is a law every city has established for itself. Criminal Law- law that has been established for preventing harm to society. It tells us which acts are criminal as well as setting the punishment for those criminal acts. It also includes the general principles of liability and the definition of specific offenses. Many criminal laws are usually arranged into criminal or penal codes. Defendant- a person who is providing relief or who recovery is taken from, or required to answer in a legal action or suit. It can also be the accused in a criminal case, which is trying to assure us of his or her innocence. Deposition- the interrogation of a witness where information is acquired before a trial. The testimony is documented to be used at the civil action or criminal prosecution trials. A way of gaining information by which one party asks question's of the other party, or of a witness of the other party. Judicial Activism- is when a judge makes a decision on a case for the public well being, and not on the basis of cases that may have set precedence on a similar case. Judicial Restraint- the opposite of judicial activism. This is when a judge makes decisions on the basis of similar cases that may have set certain precedence and not for some public good. Plaintiff- the complaining party or the party whom sues in a civil action case. The person who is seeking compensation for damages. Preponderance of the Evidence- evidence that stands out and seems to be the most convincing. It is evidence that seems to be the most logical of what may have happened and holds the most weight. Side Bar- the side of the judge 's bench where the counselors and judges discuss matters that they do not want the jury to hear. These matters are still recorded just in case there is an appeal. Voir Dire- the translation is "to speak the truth". This is the preliminary examination of jurors or witnesses to see where their interest lies. With all lawyers present, the decision is made on who will be a juror through pre-trial selection. Writ- a written mandatory rule of conduct or action. It is written by authority, and in the name of that authority or the state. It forces a person to do the act that was mentioned in the rule. It is issued by a court and directed to a sheriff or other law enforcement that is authorized to administer it. The writ contains basic directions on what needs to be done. *Sources: Black's Law Dictionary, 5th and 6th edition Barron's Law Dictionary, 4th edition In 1973, Roe vs. Wade legally gave women the right to choose to have an abortion up to 24 weeks or the second trimester. As a result, states could impose certain restrictions unless the mother's life was in jeopardy. In the same year Reproductive Health Care Services (RHCS) opened in Missouri. Their mission was to provide choices of planned parenthood, adoption, and abortion to all women regardless of their ability to pay. In 1986, the Missouri Law sought to limit access to have abortions, and influenced legislatures to create a bill called House Bill 1596. They applied a preamble that suggested that life began at conception and added pieces of restricted legislation to abortion. Missouri House and Senate overwhelmingly passed HB 1596. The Governor of Missouri signed it in to state law; however, the federal district court stopped the governor from enforcing it. RHCS, Planned Parenthood of Kansas City, and several others filed a class action lawsuit against the Attorney General of Missouri, William Webster. This was the first case to challenge Roe vs. Wade since it was established. At the Federal District Court, RHCS challenged 11 provisions of the 1986 Missouri Law and won them all. William Webster brought an appeal to the 8th Circuit Court in St. Louis where it accepted the lower courts ruling. It challenged the lower court on state's restrictions which they believed were constitutional inspite of the District Courts decision. Regardless, the state loss again. The courts were unwilling to approve additional abortion restrictions that were viewed as violating the provisions of the Supreme Courts 1973 landmark decision. As a result, the state court of Missouri petitioned the Supreme Court to hear their case. 1988, the State decided to focus their case around four provisions which were likely to win approval. The states position also received additional support when the Federal Government filed to join the court action lawsuit on their behalf. The Solicitor General submitted an Amicus Curiae Brief to the Supreme Court on behalf of the Federal Government. As the court met, the justices were aware of all the political protest on both sides. More people turned out to protest in Washington D.C. over the abortion issue than any other issue in U.S. history. On January 9 1989, the State received the votes of four Justices needed to bring the case to oral arguments. The Supreme Court upheld the decision with a vote of five to four to not over turn their previous decision. According to Attorney General Webster, two issues were not addressed. Public funding for abortion counseling, and the preamble that states life begins at conception. Four judges were clearly unsympathetic to Roe vs. Wade, while the other four were for it. Judge Sandra Day O'Connor's roll was controversial because she was the deciding vote in this case and was unsure whether to uphold the state's law or over turn it. Bibliography: none
Word Count: 1069
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