A citizen’s arrest — an arrest by a non-law enforcement officer — is statutorily provided for in 49 states (North Carolina is the exception) where a citizen observes a felony being committed, or when a citizen is asked by a … Continue reading
Ian C. Pilarczyk
One of the most common 19th century civil suits was for alienation of affection, awarding damages to litigants whose marriages disintegrated due to the actions of a third party. In order for a plaintiff to prevail, he or she had … Continue reading
The Alford plea is a form of “alternative plea”, meaning that it does not correspond to traditional pleas of either guilty or not guilty. It is premised on the defendant’s acceptance of a plea bargain agreement while continuing to assert innocence. Typically, this involves a defendant’s … Continue reading
Reporter’s privilege (also known as journalist’s privilege), is a limited First Amendment right of journalists to shield their confidential sources from discovery. Forty states and D.C. have enacted press shield laws that protect reporter’s privilege. While there is no federal press shield … Continue reading
The Flag Desecration Amendment (aka “The Flag-burning Amendment”) was a proposed constitutional amendment stating “The Congress shall have power to prohibit the physical desecration of the flag of the United States.” It was first introduced in the House of Representatives … Continue reading
The common law felony murder rule holds that if a person kills another while committing or attempting to commit a felony, the killing is classified as murder. This can include unintended and accidental deaths caused during the felony, and also … Continue reading
There are three related, yet distinct, protectivetools available to applicants: a protective order compels the abuser to stay away from the applicant and her home, place of work or school. A temporary restraining order (TRO) orders another party not to harm … Continue reading
False imprisonment is the act of confining or detaining someone with no legal justification and against their will, and is treated as a felony in some (but not all) states In contrast, kidnapping involves moving a person against their will, through use … Continue reading
While some have argued that the Declaration of Independence is part of the “organic law” of the U.S., the prevalent view is that the Declaration is not a legal document. It did not create a new government or enact any laws, … Continue reading
While George Washington is known as the first president of the U.S., there were 8 “presidents of the United States in Congress Assembled” appointed under the Articles of Confederation and Perpetual Union, between 1781-1789. The name of only one of these is … Continue reading
The Massachusetts delegation was deeply divided over ratifying the Constitution and was dominated by anti-federalists. The “Massachusetts compromise” to introduce amendments, led by John Hanckock and Samual Adams, convinced states such as New York, New Hampshire and Virginia to vote to … Continue reading
The Massachusetts Constitution is the world’s oldest continuously-operative constitution, having been approved in 1780 (9 years before the U.S. Constitution). Its principal author was John Adams, who insisted the state be referred to as a ‘commonwealth’. It was also the … Continue reading