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Court Cases
LBS HOMEWORK SHEET The carrying a gun on school property actually has little to do with economics at all. The government argued that the presence of the gun on school grounds can indirectly affect the economy and thus the law should be upheld. However, in considering indirect costs then this could be applied to almost any aspect of life and thus the line had to be drawn somewhere.
United State v. Lopez, 514 U.S. 549 (1995)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
The United States government who is seeking to convict a man for carrying a firearm into a school zone.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The court must decide who has the authority to regulate the possession of firearms on school grounds. For example, if Congress has the authority then the Gun-Free School Zones Act of 1990 would be the law that would be used. However, it was later argued that Congress does not have the authority to regulate business in the schools.
What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)
On appeal the court overturned the sentence of one year imprisonment and two years supervision on the grounds that Congress did not have the authority to legislate public schools and that the Commerce Clause did not apply to the case.
What is the precedent or holding established by the court's ruling that will be followed in subsequent similar cases? Not just what the court does -- such as reverses the decision of the court below or awards damages to plaintiff -- but what is the proposition for which another party might cite the case?
Name of Case in Proper Legal Citation Format
Roe v. Wade, 410 U.S. 113 (1973)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
Roe challenged the District Attorney Wade who declared that the criminalization of abortion acts were unconstitutional.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The primary question is whether a woman has the right to terminate a pregnancy and if so under what conditions. The law was originally a common law until states began to criminalize the practice formally.
What is the court's reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations)
There was a time in which abortions were dangerous for all the parties involved. Some of the earlier laws were intended to protect women. However, as the technology progressed,…
Court Systems The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the inner workings of both the federal and state court systems and highlight their similarities and differences. Also, this essay will investigate the roles of court administrators in the
Court Management Policy Proposal The retributive and rehabilitative approaches of justice are dominant, and research suggests that they have disappointed the juvenile legal system. The rise in youth crime and critiques of the juvenile legal approaches has led to demands for reforms in the way of charging youth offenders. The retributive approach of justice suggests that juvenile offenses are violations against the state and holds the state accountable for sentencing youth
Court Service Management How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power? The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for
Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed to restrict campaign finance and reform the ways political campaigns were funded both privately and via government assistance. Although the Republicans in neither the Legislative or Executive branch supported the bill, they agreed to pass it in order to end the
Court Analysis Justice and Court Administration Administration and management of courts is filled with challenges. Often depending upon the geographical context of the court, such challenges will include resource shortage, a perpetual docket of criminal cases and the broader complexity of providing civil order and justice to communities while balancing constitutional law and local ordinance. Moreover, the complexity of administering justice in and of itself plays a part in the difficulty of
Court System The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define