Applying the Argus Leader Decision in Determining issue - (1) The disputed point in a disagreement between parties in a lawsuit. A prosecutor tries a criminal case on behalf of the government. Id. "It must be the policy of the U.S. to support free peoples who are resisting attempted subjugation by armed minorities or by outside pressures." As Landano explained for criminal investigation contexts, factors such as the "nature of the informant's ongoing relationships with the [government]" and "the nature of the crime and the source's relation to it" may help determine whether there was an implied promise of confidentiality under Exemption 7(D). Decades prior to its decision in Argus Leader, the Supreme Court had examined the term "confidential" in the context of the protections afforded to confidential sources under Exemption 7(D) of the FOIA. While the court reaffirmed the National Parks test, it also set out to clarify "some misunderstanding as to its scope and application." Givhan v. Western Line Consol. Similarly, in the context of Exemption 4, agencies can look to the context in which the information was provided to the government to determine if there was an implied assurance of confidentiality. The Court determined that this condition had been met in the case because the record reflected that SNAP retailers do not customarily disclose store-level SNAP data. at 916 n.4.

transcript - A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation. The Court stated that the FCC had the authority to prohibit such broadcasts during hours when children were likely to be among the audience, and gave the FCC broad leeway to determine what constituted indecency in different contexts. jurisprudence - The study of law and the structure of the legal system. evidence - Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. at 770. Share sensitive information only on official, secure websites. Now her landmark case is before the U.S. Supreme Court, which is expected to make a decision sometime this year. 508 U.S. at 179. Communist Party v. Subversive Activities Control Bd.

direct evidence - Evidence that supports a fact without an inference. preliminary hearing - A hearing where the judge decides whether there is enough evidence to require the defendant to go to trial. 1969) (emphasis added). case law - The use of court decisions to determine how other law (such as statutes) should apply in a given situation. Circuit, sitting en banc, had an opportunity to reexamine the standard for determining confidentiality and reaffirmed the National Parks test. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law. Bose Corp. v. Consumers Union of United States, Inc. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Harte-Hanks Communications, Inc. v. Connaughton. The Court explained that it could not approve such "a casual disregard of the rules of statutory interpretation," which focus on "the ordinary meaning and structure of the law itself," when as in this case, that examination provides a clear answer. See id. To attain standing, the ACLU published the Supreme Court's opinion on F.C.C. 2d 641 (2019). Id. Ratification of what amendment was a victory for the Civil Rights movement? In a jury trial, the jury decides the facts. counterclaim - A claim that a defendant makes against a plaintiff. The bill easily passed the House over a year ago, with eight Republican members joining 228 Democrats in support but has not been taken up by the Republican-led Senate. exculpatory evidence - Evidence which tends to show the defendant’s innocence. States are not required to use grand juries, but the federal government must do so under the Constitution. Affidavits must be notarized or administered by an officer of the court with such authority. What contributed to the growth of the middle-class in the U.S. during the 1950's? (2) To send out officially, as in to issue an order. In light of that current legal uncertainty, agencies should as a matter of sound administrative practice consider both conditions in the process of determining whether to invoke Exemption 4's protection for "confidential" commercial or financial information. tort - A civil wrong or breach of a duty to another person as outlined by law.
As the Supreme Court explained, "it is hard to see how information could be deemed confidential if its owner shares it freely." The court’s ruling comes from a majority of judges and forms the majority opinion. The Fourth Amendment requires probable cause for the issuance of an arrest or search warrant. What Supreme Court decision is partially defined by argument over the word "choice"? chief judge - The judge who has primary responsibility for the administration of a court. During both periods, Congress passed laws restricting the civil liberties of American citizens that met with overall public support. For example, district courts are bound by the decisions of the court of appeals that can review their cases, and all courts – both state and federal – are bound by the decisions of the Supreme Court of the United States. Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726 (1978), was a landmark decision of the US Supreme Court that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadcasting. Although the first condition must normally be established at least with evidence about general industry practices, it is yet unclear whether future judicial precedents governing Exemption 4 will require that both conditions exist. In Argus Leader the Supreme Court addressed the question of "when does information provided to a federal agency qualify as 'confidential'" under Exemption 4. jury pool - The group of people from which the actual jury is chosen. at 830. Capitol Square Review & Advisory Board v. Pinette, Church of Lukumi Babalu Aye v. City of Hialeah, Watchtower Society v. Village of Stratton, Masterpiece Cakeshop v. Colorado Civil Rights Comm'n, Espinoza v. Montana Department of Revenue, Our Lady of Guadalupe School v. Morrisey-Berru. The District Court affirmed USDA's action under Exemption 3, in conjunction with 7 U.S.C. at 770 n.17. What summarizes the Voting Rights Act of 1965? Search warrants require probable cause in order to be issued. Trump administration revokes Obama-era transgender health protections, U.S. Supreme Court rejects appeal over transgender bathroom policy, CBC's Journalistic Standards and Practices. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. It may include lesser charges, a dismissal of charges, or the prosecutor’s recommendation to the judge of a more lenient sentence. First, "information communicated to another remains confidential whenever it is customarily kept private, or at least closely held, by the person imparting it." The Supreme Court is usually not required to hear appeals of cases.
Argus Leader, 139 S. Ct. at 2366. Id. Alford plea - A defendant’s plea that allows him to assert his innocence but allows the court to sentence the defendant without conducting a trial. Almost two decades after National Parks, the D.C. A .gov website belongs to an official government organization in the United States. Tinker v. Des Moines Ind. probation - A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. remand - When an appellate court sends a case back to a lower court for further proceedings. The Legal Terms Glossary defines over 100 of the most common legal terms in easy-to-understand language. Id. interrogatories - Written questions asked to one party by an opposing party, who must answer them in writing under oath. Which describes the American public's reaction to the Lend-Lease Act? U.S. Accordingly, the court ordered the release of the redemption data. § 552(b)(4) (2012 & Supp.


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