Written by attorneys · grounded in primary & secondary sources — see below
A preposition indicating the means, method, or medium through which an action occurs or information is transmitted.
Prosecutors sought to protect a young victim from trauma during a sexual abuse trial. The court permitted the child to testify via one-way closed-circuit television after finding that face-to-face confrontation would cause serious emotional harm. The procedure preserved the defendant's ability to cross-examine the witness under oath while the jury observed demeanor in real time.
After the Supreme Court rendered the Sentencing Guidelines advisory, the district judge calculated Booker's range but treated it only as one factor among many. The court imposed a sentence via an individualized assessment under 18 U.S.C. § 3553(a) rather than a mechanical application of the guideline range.
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A state court sought to compel Virgil Vaughn to answer questions that could incriminate him under state law. The Supreme Court held that the Fifth Amendment privilege applies to the states via the Fourteenth Amendment Due Process Clause, requiring the state court to honor the federal protection.
A political committee attempted to circumvent the $1,000 contribution ceiling by routing funds through an intermediary. The Court examined whether such indirect transfers via earmarked gifts counted toward the aggregate limit on contributions to a candidate.
An analyst testified about a DNA match after receiving a profile prepared by an out-of-state laboratory. The expert explained that her field routinely relies on profiles generated via sealed shipping containers and labeled manifests from accredited labs.
A corporation produced a documentary critical of a political candidate and arranged for its distribution via video-on-demand to cable subscribers. Challengers argued that the broadcast triggered disclosure and disclaimer obligations under federal campaign finance law.
A court may permit one-way closed-circuit television testimony when necessary to protect the child from trauma, provided the procedure preserves reliability through oath, cross-examination, and the opportunity for the fact-finder to observe demeanor.
No. Relief under Rule 60(b)(4) is available only for fundamental defects such as lack of jurisdiction or denial of due process. Ordinary legal errors must be corrected on direct appeal rather than via a collateral attack on the judgment as void.
The Clause does not categorically demand physical face-to-face confrontation. Testimony transmitted via reliable technological means satisfies constitutional requirements when the procedure ensures the core elements of reliability.
…to the candidate, to a committee authorized in writing by the candidate to accept contributions on his behalf, or indirectly via earmarked gifts passed through an intermediary to the candidate. §§ 608 (b) (4), (6). The restriction applies to aggregate amounts contributed to the candidate for each election—with…