<u>The purpose of the new mandatory discovery provisions is to: remove the element of surprise from litigation. make litigation more of a quest for the truth. minimize discovery times and costs</u>
Explanation:
<u>Discovery </u>refers to the process of exchanging the information between the parties involved in a trial.The prosecution and the defense build their respective cases based on the evidences available.The information exchanged includes
- Physical evidences
- Witness statement
- Police interrogation data
- List of the witnesses
The biggest change to the Discovery provision is
- Earlier the defense has to file a written request to obtain the evidences and also no time frame was set to provide the evidences to the defense.So in many cases the prosecutor used to keep the evidences in their custody till the eve of the trial.
- But as per the new discovery provision,the prosecutor has to provide the defense all the information/evidences within 15 days of the arrangement.The time frame can be extended to 30 days in case the evidence for the trial is large,or the prosecutor does not have evidence in their possession.
The answer is (D) all of the above
That would go against the 10th amendment say states make their own laws
Answer:
The correct option is E.
Explanation:
That is, the US Supreme Court established that state governments can regulate private industries that affect the "common good" since grain storage facilities were dedicated to public use, therefore , their rates were subject to public regulation.
The SCOTUS did not rule that T.L.O’s 4th amendment (searches and seizures) rights had been violated. They ruled that the school administrations search of the bag was reasonable under the circumstances (i.e T.L.O. Being a minor and on school property, meaning that while at school, administration is responsible for the well-being and safety of all students, thus allowing them to search T.L.O’s bag for marijuana). A good way to think of it is that while you’re at school, the administration acts as your parents. Your parents don’t need a warrant to search through your room and neither does the administration if you are on school property. The 4th amendment applies to this case because it protects against unlawful searches and seizures (i.e. searches and seizures that are without a warrant). The constitutional question was whether or not T.L.O. Could be charged with a crime/punished or not because the school administration did not have a warrant. However, because the school administration was acting as a loco parentis (latin term for “in place of the parent”) they did not need a warrant to search her bag. Hope this helped!