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¶ … court process for the below mentioned case would be either litigation by judge or by jury. The facets that we are looking at include the actions of Mr. Smith and if these actions actually deserve the sentence that he received. The process would entail Mr. Smith filing a complaint. In the decision of whether or not this is a criminal or civil matter depends solely amongst the facts. In the facts provided below the court that Mr. Smith was sentenced in there is no reason for him to have been tried on a civil level considering no one was hurt. From the view of Smith -- he questions whether or not the penalties upon him were too harsh or not. Given the fact that he did come forward, to tell what had happened. A problem is that he is faced with the prosecution stating that the only reason he came forward was because of being subpoenaed for an earlier matter with the same company. The process in this matter is to appeal the process, because he wants the process to be reviewed and changed. How this all fits into the court system is through what is called the trial court level. The level he was sentenced on is called trial court; he has to go to the next level, which will be the court of appeals, after that it can be heard by the Supreme Court by arguing constitutional violations. And even though a person may appeal to the Supreme Court there is no guarantee that the case will be heard by them. When a person appeals they are not making a criminal case. In this case Smith's appeal is a civil process. It is being appealed from the criminal docket. A civil case is one that includes malicious persecution because they are saying that Smith has been prosecuted excessively. In this matter he may believe he is being wrongfully prosecuted considering he did come forward to tell the wrongful acts that were taking place. If this were civil Smith would be saying that the sentence was too harsh considering without him this information may have never come forward. A recap of this case is the court process being used is criminal prosecution, what will be used if he appeals is civil, which would mean that Smith felt his sentence was too severe.
Courting Disaster This study reviews Pat Robertson's "Courting disaster: How the Supreme Court is usurping the power of Congress and the people." Pat Robertson is the founder and chairperson of the Christian Broadcasting Network, founder of Regent University, and The Center for Law and Justice. He and his wife have four children and thirteen grandchildren. They reside in Virginia Beach, Virginia. Using both legal and religious points-of-view, Robertson attempts to prove
Temp. Reg. 15A.453-1(b)(3)(i). Similarly, a taxpayer engaging in a section 1031 exchange is treated as receiving "boot" (and is required to recognize any realized gain) to the extent that the liabilities assumed by the exchange counterparty exceed the liabilities assumed (plus the cash paid) by the taxpayer in the exchange. Reg. 1.1031(b)-1(a) and -. Liability assumptions can also result in gain recognition or other tax consequences when property is transferred
Constitutional Law The case of the 'Lawrence vs. Texas' of June 26, 2003, was in a nutshell about privacy rights and 'equal protection' under the law, and whether 'sodomy' can come under the protection of the U.S. Constitution. Who were the Petitioner(s) and the Respondent(s)? The case deals with two gay men, or in other words, homosexual men, that is, men who prefer partners of the same sex, who happened to be
Slaughter-House Cases Impact of the Slaughter-House Cases The adoption of the constitution of the United States of America faced opposition from groups that feared the takeover of a centralized government. This opposition arose from the fear that this new centralized government would demean and embarrass the states by forcing or administering and contradicting the state's decisions, laws and policies. Opponents of the constitution feared that "the powers granted to the proposed government
Antitrust and Intellectual Property Antitrust Law Remedies in Intellectual Property Cases In any research paper it is important to first define the terms used prominently in order to make sure that the reader understands what is being said. In this case, the two terms that require definition are antitrust and intellectual property. According to a definition from Cornell University Law School "Trusts and monopolies are concentrations of economic power in the hands
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a case in which the Petitioner was accused and the interrogation was set up to make the Petitioner admit his criminal actions so that incriminating