Adjudication Essays (Examples)

161+ documents containing “adjudication”.


Sort By:

Reset Filters

A good example of this can been seen between New South Wales and Queensland, where two different pieces of legislation would set the standards for the process to include: uilding and Construction Industry Security of Payment Act 1999 (for New South Wales) and uilding and Construction Industry Security of Payment Act 2002 (for Queensland). This proved problematic, because parties could go through the adjudication process and if they lose, they could begin arbitration; effectively avoiding the adjudication penalties. To rectify this situation, New South Wales required that all losers in adjudication must pay all awards to the plaintiff (in a 2002 amendment). Queensland implemented a similar provision in 2007. This helped to increase the overall effectiveness of adjudication being used to settle a variety of disputes, in the construction industry. esides the obvious differences of regional autonomy, the Australian model differs from the UK model based on the overall….

There is also a procedure for appeal that the recipient can follow in the event that the outcome of the hearing is undesirable or inconclusive.
Adjudication orders issued without a hearing, except in cases specifically provided, are invalid. The recipient of the order has a right to both a hearing and an appeal. uch an order is furthermore invalid when statutory requirements are not followed in terms of notice to all parties involved and prior hearing. If an agency fails in this way, it is required to assert error in a court of common pleas.

In summary, in the case of revoking a license, an agency is required to observe all legal regulations, as well as the rights of all interested parties. Adjudication hearings also have specific requirements and formats that need to be observed in order to validate the outcome to the satisfaction of all involved parties.

ources

Bender, Matthew (2005). "Ohio….

Fourth Amendment states that law enforcement officers need to receive permission from a legal authority in order to be able to look for evidence or seize objects that might contribute to providing information concerning a criminal act. The context of the amendment and the process of incorporation mean that it can only protect individuals when government officials are involved. It does not protect people in a situation concerning private individuals and this generates much confusion with regard to the degree to which a warrant can affect a person.
The Fourth Amendment:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no arrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

A law enforcement officer needs to convince….

Court Services Management
PAGES 5 WORDS 1519

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 different types of functions that a court serves. A investigation into the state of Colorado and its court structure will also be presented to help give a practical example of the court system. Finally, the essay will address quasi-judicial bodies and their impact on the courts and legal system.

The Basis for Authority

The United States Courts Government Website (n.d.), details a comprehensive overview of the basis of America's court system. The United States Constitution is understood to be the ultimate law….

INS v Chadha 462 U S
PAGES 5 WORDS 1450

To prove either side of the argument, the sensitivity and impact needs to be assessed -- there is no blanket rule of everything being transparent, or everything being private; it is dependent upon the sensitivity and overall impact of the issue at hand.
3. ources: Hunold, C. And B. Peters. (2004). "Bureaucratic Discretion and Deliverative Democracy." Transformation in Governance. IGI Publishing; Holzer, M. And K. Yang. (April 1, 2005). "Administrative Discretion in a Turbulent Time: An Introduction. Public Administration Quarterly. Cited in: www.highbeamresearch.com.

4. How does a cost-benefit analysis used in the determination of due process?

Using, for example, Miranda v Arizona, a cost-benefit analysis is used to determine due-process in the sense of the decision's impact on law enforcement and the community needs to be taken into consideration before a ruling of using Miranda, 5th Amendment Rights, and basic procedures. The Rehnquist Court's decision in the idea of cost-benefit, despite Justice….

Competency to Stand Trial
PAGES 6 WORDS 1904

Competency to Stand Trial
DRAWING THE LINE

At any point in criminal proceedings that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned (Winick, 2002). The issue may be brought up when he pleads guilty, waives certain constitutional rights, at sentencing hearing or when administering punishment, including capital punishment. Either the defense or prosecution or the court itself may raise the issue, even if the defendant himself objects to it. ut mental illness alone, even schizophrenia, does not automatically produce a finding of incompetence. Rather, it is based on the degree of functional damage produced by the illness. Two conditions must be satisfied in order to be adjudged incompetent to stand trial. It focuses on the defendant's mental state during trial. It is differentiated from the legal insanity defense, which is based on the defendant's mental state at the time of the criminal act….

U.S. Justice System vs. India's Justice System
This paper compares the system of justice in India with the system of justice in the United States. Although they are both democracies -- in fact India is the biggest democratic country in the world -- the two countries are quite different in their approach to formal justice. Moreover, the system of justice in India has been the subject of a great deal of criticism in recent years due to the corruption that has been found in the system.

Comparing the U.S. And Indian Justice Systems

The legal system in India is backed by the Indian Constitution and is a mix of "adversarial and accusatorial," according to the Loyola University in Chicago (LU). There is an attempt to respect both Hindu and Muslim jurisprudence and to "preserve the timeworn tenets of both" (LU). In rural areas of India, an informal system of justice (including distributive justice)….

Forbes Magazine entitled, "In the Pill Box" discusses Walgreen's Drugstore and the challenge that it faces from Pharmacy Benefit Managers (PBM). The article begins by informing the reader of the astronomical growth of the Walgreen's company. The author explains that the company's stock has risen by 3,000% in the past 20 years and that the store plans to have over 7,000 stores by 2010. (Lambert) The article also asserts that the same-store sales increased by 9% in fiscal 2003. (Lambert)
The author contends that although the company is extremely success, there is a threat on the horizon. This threat comes in the form of Pharmacy Benefit Managers who show health organizations and employers how to make prescriptions drugs more cost effective. The article explains that PBM's often encourage these organizations to persuade patients to get long-term prescriptions through the mail instead of going to a pharmacy. Mail order pharmaceuticals are….

There is no question, however, that immigration issues will remain in the forefront of our national policy debates.
Deportation Factors and Crimes Involving Moral Turpitude

Research indicates that since the late 1980s, Congress had been tightening the substantive provisions of the immigration laws, to make it far less likely that a convicted criminal alien can find a way to be relieved of expulsion. For many years the basic statutory pattern was that a crime involving moral turpitude rendered a person deportable, if it was committed less than five years after the person's entry and resulted in a sentence of one year or more confinement. A later-committed crime or one that drew a lighter sentence did not result in deportation. If the person committed two such crimes that were not part of a single criminal scheme, they could render the person deportable no matter when they were committed. A drug offense or….

This is because of the history of fraud associated with EB-5 applications and the very narrow eligibility criteria. "In fact, some lawyers encourage their clients to use their wealth to fit themselves into another category with a greater chance of success. For example by investing in a company outside the U.S. that has a U.S. affiliate, the person might qualify to immigrate as a transferring executive or manager." (Bray, p. 250)
The problems that people had been having with EB-5 in the 90s did not vanish with the amendments in the law. Literature review indicates that even after the changes in 2002 and 2005, EB-5 continues to perform poorly as people seek other avenues to get LP status in the U.S.

Literature eview:

Despite the initial enthusiasm and expectations, the EB-5 visa has not seen equally enthusiastic participation. Since its inception in 1992, the program has not even been able to meet….

Promoting the understanding of cultural differences is crucial, because a large number of child abuse and neglect cases involve allegations against minorities.
As a result, in some areas a psychologist may interview the involved caregivers and children to help the courts decide whether parents have behaved abusively and to determine their children's placement. However, sometimes the psychologists' unfamiliarity with a culture leads to unfair decisions. In some Hispanic cultures, for example, parents may not be socialized to express anger directly. Sometimes a child's action may cause that repressed anger to erupt. In such instances, parents may need training in anger management and discipline, instead of a prison sentence and denied access to children.

Because of this situation, the American Psychology Association offers assessment standards for culturally varied populations:

Learn about the culture of the person being assessing. Consult with others who know the culture because there is not always literature available about….

Criminal Justice System
After heavy bombardment on London by fighter plans of Germany in Second World War, someone asked Winston Churchill that would ritain live long! Churchill replied immediately that if our courts are providing justice then there is no question about existence of ritain, which they are. Similarly, in World War 1 and World War 2 where Jews were brutally killed by Nazis then some of the Jews got refuge in America. Americans do not have discrimination for any community at that time and famous scientist Einstein was one of them, which proved its worth. Provision of justice for every community is very important for any society, so it is for ritain. From last few years' lot of questions have been raised on criminal Judiciary system in ritain.

Shami chakrabarti (Director of liberty) says

efore you decide whether the system is fit for purpose, you have to decide what that aim is.….

More importantly, because the system needs to be perceived as fair, employee's opinions must be taken into account. e are not putting this system into place to be punitive, but rather to protect the interests of all of the employees.
It is believed that the system of inquiry will have a strongly positive effect on the organization. Verizon has long had some form of ethical code, but with the new code coming into effect in 2008 and the introduction of a system of inquiry, the firm is demonstrating strong ethical values. These are the values shared by most of the employees already. hat the code and system do within the company is to formalize the values that most employees already have. It improves the perception of fairness and presents a unified view of ethical issues throughout the firm.

This also will have strong impacts outside the organization. In an era when….

" (Coleman, 2003)
Coleman states that by the very nature of international disputes and the states desiring to protect their national interest results in "all international disputes" becoming "inevitably political in nature..." (Coleman, 2003) Variation is noted in the 'degree of political volatility' that will exist and notes as well that "just how political a dispute will be extremely subjective." (Coleman, 2003) the dependent factors are stated to within a matrix of diverse factors affecting national interest and includes but is not limited to:

1) External economic pressures;

2) Domestic needs; and 3) National pride and prestige. (Coleman, 2003)

Coleman states that the suitability and capacity of the International Court of Justice has been questioned in regards to it 'comprehending and considering "...highly political matters or 'non-justiciable' issues." (Coleman, 2003) One example given is that of the "weapons embargo put in place by the Security Council during the conflict in osnia-Herzegovina." (Coleman, 2003)

Coleman relates….

individuals who suffer or are harmed by juvenile crime have, in the past, been excluded or minimally involved in the adjudication (specifically the sentencing) of their cases for reasons of confidentiality rights accorded to accused juvenile offenders. However, this trend in recent years has changed. As the public has become more aware of the frequency and effects of juvenile crime, there has been a call from the citizenry to develop policies and practices that will not only prosecute those juveniles who have committed offences, but to include those who have been victimised in the court procedures. This move towards the establishment of victims' rights has made a fundamental modification to the juvenile justice system - victims are no longer viewed as passive onlookers, but involved participants in the system.
According to a joint project commissioned by the National Council of Juvenile and Family Court Judges and the U.S. Department of….

1.Following your graduation from the LL.M programme, you have been appointed as a Special Assistant to the Minister of Trade of Ghana. Concerned by the influx of cheap meat and poultry products from Brazil routed through Togo, which claims originating status for these products under the ECOWAS Trade Liberalisation Scheme (ETLS) and as such exempt from customs duties, the Minister has asked you to prepare a memorandum focussing on whether Ghana can impose a tariff of 35% ad valorem duty on these products. The Meat Producers Association of Ghana has furnished the Minister with evidence which they claim clearly demonstrates that the concerned products are imported from Brazil and that they are only repackaged in Togo. She believes the rules of origin under ECOWAS are very clear and that Ghana would be vindicated if it imposed a duty of 35% on these products consistently with the ETLS. Togo strongly disputes Ghana\'s claim and has threatened to challenge it if it went ahead and imposed tariffs on these products. Under strong pressure from the Meat Producers Association, the Minister has also asked you to look into the possibility of Ghana imposing a transitional safeguard measure under Article 49 of the ECOWAS Revised Treaty, should Togo be able to prove that the products are originating and exempt from customs duties. What considerations would you take into account in advising the Minister if Ghana can legally impose a transitional safeguard measure under the revised ECOWAS Treaty.
WORDS 658

In advising the Minister on whether Ghana can legally impose a transitional safeguard measure under the ECOWAS Revised Treaty, the following considerations should be taken into account:

1. Article 49 of the ECOWAS Revised Treaty allows for the imposition of transitional safeguard measures in exceptional circumstances where imports are causing or threatening to cause serious injury to domestic producers. It is important to assess whether the influx of cheap meat and poultry products from Brazil through Togo is indeed causing harm to the domestic meat producers in Ghana.

2. The evidence provided by the Meat Producers Association of Ghana, demonstrating that the....

image
3 Pages
Professional Writing

Business - Law

Adjunction Report Adjudication Report Over

Words: 1185
Length: 3 Pages
Type: Professional Writing

A good example of this can been seen between New South Wales and Queensland, where two different pieces of legislation would set the standards for the process to…

Read Full Paper  ❯
image
1 Pages
Term Paper

Business - Law

Agency Adjudication Hearing Licensing Agency

Words: 357
Length: 1 Pages
Type: Term Paper

There is also a procedure for appeal that the recipient can follow in the event that the outcome of the hearing is undesirable or inconclusive. Adjudication orders issued without…

Read Full Paper  ❯
image
4 Pages
Research Paper

Criminal Justice

From Arrest to Adjudication

Words: 1189
Length: 4 Pages
Type: Research Paper

Fourth Amendment states that law enforcement officers need to receive permission from a legal authority in order to be able to look for evidence or seize objects that…

Read Full Paper  ❯
image
5 Pages
Essay

Business - Law

Court Services Management

Words: 1519
Length: 5 Pages
Type: Essay

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…

Read Full Paper  ❯
image
5 Pages
Thesis

Business - Law

INS v Chadha 462 U S

Words: 1450
Length: 5 Pages
Type: Thesis

To prove either side of the argument, the sensitivity and impact needs to be assessed -- there is no blanket rule of everything being transparent, or everything being…

Read Full Paper  ❯
image
6 Pages
Term Paper

Business - Law

Competency to Stand Trial

Words: 1904
Length: 6 Pages
Type: Term Paper

Competency to Stand Trial DRAWING THE LINE At any point in criminal proceedings that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned…

Read Full Paper  ❯
image
8 Pages
Research Paper

History - Asian

Compare the U S Justice System Ti India's Justice System

Words: 2789
Length: 8 Pages
Type: Research Paper

U.S. Justice System vs. India's Justice System This paper compares the system of justice in India with the system of justice in the United States. Although they are both democracies…

Read Full Paper  ❯
image
3 Pages
Term Paper

Medicine

Forbes Magazine Entitled In the Pill Box

Words: 801
Length: 3 Pages
Type: Term Paper

Forbes Magazine entitled, "In the Pill Box" discusses Walgreen's Drugstore and the challenge that it faces from Pharmacy Benefit Managers (PBM). The article begins by informing the reader…

Read Full Paper  ❯
image
25 Pages
Term Paper

Criminal Justice

Immigration - Drawing the Line

Words: 7210
Length: 25 Pages
Type: Term Paper

There is no question, however, that immigration issues will remain in the forefront of our national policy debates. Deportation Factors and Crimes Involving Moral Turpitude Research indicates that since the…

Read Full Paper  ❯
image
4 Pages
Research Proposal

Economics

Eb-5 Visa Program Was Introduced

Words: 1269
Length: 4 Pages
Type: Research Proposal

This is because of the history of fraud associated with EB-5 applications and the very narrow eligibility criteria. "In fact, some lawyers encourage their clients to use their…

Read Full Paper  ❯
image
7 Pages
Term Paper

Children

Child Abuse the Well-Known Attorney

Words: 3228
Length: 7 Pages
Type: Term Paper

Promoting the understanding of cultural differences is crucial, because a large number of child abuse and neglect cases involve allegations against minorities. As a result, in some areas a…

Read Full Paper  ❯
image
5 Pages
Research Paper

Criminal Justice

How the Criminal Justice System Works

Words: 1614
Length: 5 Pages
Type: Research Paper

Criminal Justice System After heavy bombardment on London by fighter plans of Germany in Second World War, someone asked Winston Churchill that would ritain live long! Churchill replied immediately that…

Read Full Paper  ❯
image
7 Pages
Research Proposal

Business - Ethics

System of Inquiry Verizon Is

Words: 1910
Length: 7 Pages
Type: Research Proposal

More importantly, because the system needs to be perceived as fair, employee's opinions must be taken into account. e are not putting this system into place to be…

Read Full Paper  ❯
image
14 Pages
Essay

Business - Law

International Court of Justice and

Words: 3716
Length: 14 Pages
Type: Essay

" (Coleman, 2003) Coleman states that by the very nature of international disputes and the states desiring to protect their national interest results in "all international disputes" becoming "inevitably political…

Read Full Paper  ❯
image
3 Pages
Term Paper

Criminal Justice

Individuals Who Suffer or Are Harmed by

Words: 836
Length: 3 Pages
Type: Term Paper

individuals who suffer or are harmed by juvenile crime have, in the past, been excluded or minimally involved in the adjudication (specifically the sentencing) of their cases for…

Read Full Paper  ❯