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Sunday, September 12, 2021

grand jury


 Under vicarious liability, a law firm can be held responsible if one of their employees, acting within the scope of his or her employment, breaches a duty owed to you.Jul 16, 2021

Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate 

Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties.

A grand jury must have 16 to 23 members, and the court must order that enough legally qualified persons be summoned to meet this requirement. (2) Alternate Jurors. When a grand jury is selected, the court may also select alternate jurors.

INDICTMENT BY GRAND JURY

The history of the grand jury is rooted in the common and civil law, extending back to Athens, pre-Norman England, and the Assize of Clarendon promulgated by Henry II.1 

 The right seems to have been first mentioned in the colonies in the Charter of Liberties and Privileges of 1683, 

“The grand jury is an English institution, brought to this country by the early colonists and incorporated in the Constitution by the Founders. There is every reason to believe that our constitutional grand jury was intended to operate substantially like its English progenitor. The basic purpose of the English grand jury was to provide a fair method for instituting criminal proceedings against persons believed to have committed crimes.

 Grand jurors were selected from the body of the people and their work was not hampered by rigid procedural or evidential rules. In fact, grand jurors could act on their own knowledge and were free to make their presentme

Its adoption in our Constitution as the sole method for preferring charges in serious criminal cases shows the high place it held as an instrument of justice. And in this country as in England of old the grand jury has convened as a body of laymen, free from technical rules, acting in secret, pledged to indict no one because of prejudice and to free no one because of special favor.”3

The prescribed constitutional function of grand juries in federal courts4 is to return criminal indictments

7 A witness called before a grand jury is not entitled to be informed that he may be indicted for the offense under inquiry8 and the commission of perjury by a witness before the grand jury is punishable, irrespective of the nature of the warning given him when he appears and regardless of the fact that he may already be a putative defendant when he is called.9


. “When the accused is in danger of being subjected to an infamous punishment if convicted, he has the right to insist that he shall not be put upon his trial, except on the accusation of a grand jury.”20


The protection of indictment by grand jury extends to all persons except those serving in the armed forces. All persons in the regular armed forces are subject to court martial rather than grand jury indictment or trial by jury.33 

 The exception’s limiting words “when in actual service in time of war or public danger” apply only to members of the militia, not to members of the regular armed forces. In 1969, in O’Callahan v. Parker,

 \”37 Even under the service connection rule, it was held that offenses against the laws of war, whether committed by citizens or by alien enemy belligerents, could be tried by a military commission.38

https://www.law.cornell.edu/constitution-conan/amendment-5/indictment-by-grand-jury


  Ezekiel 44.19:And when they go forth into the utter court, even into the utter court to the people, they shall put off their garments wherein they ministered, and lay them in the holy chambers, and they shall put on other garments; and they shall not sanctify the people with their garments. 



 obviously

. that continental congress was nothing more than a grand jury https://www.history.com/topics/american-revolution/the-continental-congress

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