Gustafson V. Payless - Dissent


Justice Holman dissented, noting that while the aforementioned facts are relevant to whether or not the plaintiff merely forgot to pay for the cigarettes, they were wholly irrelevant to whether the detective had probable cause to prosecute Mrs. Gustafson for shoplifting. Holman noteed that the removal of merchandise from a store without paying is generally held as probable cause for shoplifting, as cited in the case of Delp v. Zapp’s Drug and Variety Stores. Under this ruling, he argues that the defendant possessed probable cause.

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Other articles related to "dissent":


Dissent is a sentiment or philosophy of non-agreement or opposition to a prevailing idea (e.g. a government's policies) or an entity (e.g. an individual or political party which supports such policies). The term's antonyms include agreement, consensus (when all or nearly all parties agree on something) and consent (when one party agrees to a proposition made by another).

In some political systems, dissent may be formally expressed by way of opposition politics, while politically repressive regimes may prohibit any form of dissent, leading to suppression of dissent and the encouragement of social or political activism. Individuals who do not conform or support the policies of certain states have been described as "dissidents." Several thinkers have argued that a healthy society needs not only to protect, but also to encourage dissent.

In a well-known letter to Arnold Ruge, Karl Marx wrote: "if constructing the future and settling everything for all times are not our affair, it is all the more clear what we have to accomplish at present: I am referring to ruthless criticism of all that exists, ruthless both in the sense of not being afraid of the results it arrives at and in the sense of being just as little afraid of conflict with the powers that be."

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... In a lone dissent, Justice Stevens disagreed with the Supreme Court's major opinion that the abstract software was analogous to an abstract set of ...
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... "If a man assaults me, so that I cannot avoid him, and I lift up my staff to defend myself, and, in lifting it up, undesignedly hit another who is behind me, an action lies by that person against me and yet I did a lawful act in endeavouring to defend myself." But none of these great lawyers ever thought that trespass would lie by the person struck against him who first assaulted the striker ... The cases cited from the REGISTER and HARDRES are all of immediate acts, or the direct and inevitable effects of the defendant's immediate acts ...

Famous quotes containing the word dissent:

    We live in oppressive times. We have, as a nation, become our own thought police; but instead of calling the process by which we limit our expression of dissent and wonder “censorship,” we call it “concern for commercial viability.”
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