160+ documents containing “adjudication”.
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….
Australian Guide to Legal Citations (2002) Murl Law at 10 June 2010.
Users Guide to Adjudication (2003)
Kirsh, Harvey. 'Adjudication in the Construction Industry' (2009) the Lawyers Weekly
Sheridan, Peter, 'Construction Act Review' (2007) 5(23) Construction Law Journal 364
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.
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….
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….
Cornell University Legal Information Institute (ND). "Quasi-judicial." Viewed 15 Oct 2013. Retrieved from http://www.law.cornell.edu/wex/quasi-judicial
Linhares, G. (2012). Role of the State Court Administrator. National Center for State Courts, Trends in Courts, 2012. Retrieved from http://www.ncsc.org/sitecore/content/microsites/future-trends-2012/home/leadership-and-the-courts/4-2-evolution-of-the-state-court.aspx
The State Of Colorado. "Colorado State Court System." Viewed 15 Oct 2013. Retrieved from http://www.courts.state.co.us/Courts/Index.cfm
The United States Court (ND). "The Difference Between Federal and State Courts. Viewed 15 Oct 2013. Retrieved from http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/Jurisdiction/Diff erencebetweenFederalAndStateCourts.aspx
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….
Sources: Administrative Procedure Act of (1946); Federal Administrative Procedure Act, Cited in: http://biotech.law.lsu.edu/Courses/study_aids/adlaw/
4. Distinguish among the following three terms: procedural rules, interpretive rules, and substantive rules. Explain the meaning and use of each.
a. Procedural Rules are rules that govern how prosecutions are conducted. The rules, which may be Federal or State, and may also govern different types of legal proceeding, e.g. criminal, are designed as a guide or template for the manner in which the Court proceeds on a given matter -- what it hears, what happens, and in what manner are issues resolved. The rules are designed to protect due process and ensure a fair and consistent application across the board. Essentially, Procedural Rules outline a "means" of conducting a court action. Creation of law.
b. Interpretive Rules -- Used in various ways depending on Federal, State, or local, they are the Court's view of the specific rule and the interpretation of its meaning. Known sometimes as the "legal effect" test, sometimes interpretive rules suggest or even engender new law. At times, law is so complex in specific cases or events, that a greater "interpretation" of the intent
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….
Felthous, A.R. (2011). Competence to stand trial should require rational understanding.
Vol. 39 # 1, Journal of American Academy of Psychiatry and the Law: American
Academy of Psychiatry and the Law. Retrieved on April 27, 2013 from http://www.jaaph.org/content/36/4/583.full
Justia (2006). Disposition of the un-restorably incompetent defendant. Justia U.S. Law:
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)….
Bhushan, Prashant. (2009). 'My Honest And Bonafide Perception.' Outlook India. Retrieved September 15, 2012, from http://www.outlookindia.com .
Country Listing. (1995). India: The Criminal Justice System. Center for Children's Law and Policy. Retrieved September 14, 2012, from http://www.country-data.com.
Global Corruption Report 2007: Corruption in Judicial Systems. (2007). New York: Cambridge
Loyola Library. (2010). Criminal Justice System in India. Retrieved September 14, 2012,
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….
At the other end of the debate there are consumers who like to order their prescriptions through the mail. Some consumers do this even if it is not mandated by their insurance providers. In many cases consumers just find it more convenient to order prescriptions through the mail. In any case, the PBM's and the drugstores will continue to quarrel over which method is less expensive.
In my own opinion, it seems that Walgreen's should not have the right or ability to blacklist customers because of the decisions that are made by their healthcare providers. In many cases people are in dire need of receiving their medication and may not have time to ride around to different pharmacies just to get a prescription fulfilled. It is apparent to me that all Walgreen's is concerned with is its bottom line and they are willing to sacrifice the health of customers just to prove a point to PBM's. The fact of the matter is that consumers have a right to purchase prescriptions in any way that they see fit. Some people prefer going to a traditional pharmacists, while other prefer for the prescriptions to be brought to their homes. Walgreen's has to be careful not to ignore the needs and desires of consumers in the quest for greater profits.
Lambert, Emily. 2004. "In The Pill Box." Forbes Magazine
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….
Calavita, Kitty. Immigration, law and marginalization in a global economy: Notes from Spain. Law and Society Review (1998).
Chinese Exclusion Act of 1882. http://www.mtholyoke.edu/acad/intrel/chinex.html (26 Apr. 2005).
Immigration Act of 1907. http://www.multied.com/documents/immigrationact.html (26 Apr. 2005).
Levinson, Peter. The facade of Quasi-Judicial Independence in Immigration Appellate Adjudications. http://www.rightsworkinggroup.org/files/peter_article.pdf.(26 Apr. 2005).
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.
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….
Jones, P. (2005) Immigrant Investors: Small Number of Participants Attributed to Pending Regulations & Other Factors. Diane Publishing Company.
Burgess, S. (2003) Immigration the Easy Way. Barron's educational Series.
Bray, I. (2009) U.S. immigration Made Easy. NOLO; 14 edition.
Immigrant Investors: Small Number of Participants Attributed to Pending Regulations and Other Factors, GAO-05-256 (Apr. 2005).
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….
Besharov, Douglas J. Recognizing and Reporting Child Abuse: Protecting Children from Abuse and Neglect. Washington, D.C. University of Maryland's Welfare Reform Academy, 2000.
Child Abuse Prevention and Treatment Act (CAPTA) of 1974. 23 November 2006. http://laws.adoption.com/statutes/child-abuse-prevention-and-treatment-act - capta-of-1974.html.
Dershowitz, Alan. M. Contrary to Popular Opinion. New York: Pharos Books, 1992.
Murray, Bridget. Cultural insensitivity leads to unfair penalties. Monitor 30.9, October
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.….
BBC. (2001, MAY 7). BBCNEWS VOTE 2001. Retrieved from BBC NEWS|VOTE 2001|FACTS: http://news.bbc.co.uk/news/vote2001/hi/e
CNN. (2012, Feb 22). Cameron hosts talks on football racism. Retrieved from CNN: http://edition.cnn.com/2012/02/22/sport/football/uk-football-racism/index.html
Community Correction Punishments. (1996, May). California Research Bureau. Retrieved from Community Correction Punishments: http://www.library.ca.gov/crb/96/08/
Press TV. (2012, May 07). UK police racism complaints doubled. Retrieved from Press TV_UK police racism complaints doubled: http://www.presstv.ir/detail/239932.html
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….
No author & Seidenberg, Ivan. (2008). Your Code of Conduct. Verizon. Retrieved October 25, 2008 from https://www22.verizon.com/about/careers/pdfs/CodeOfConduct.pdf
Liptak, Adam. (2007). Verizon Reverses Itself on Abortion Messages. New York Times. Retrieved October 25, 2008 at http://www.nytimes.com/2007/09/27/business/27cnd-verizon.html?adxnnl=1&adxnnlx=1224961253-V6iLKJ6NbEBQ/tn2vsTygQ
Dallas, Lynne. (2003). A Preliminary Inquiry into the Responsibility of Corporations and their Directors and Officers for Corporate Climate: The Psychology of Enron's Demise. Rutgers Law Journal. Retrieved October 25, 2008 at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=350341
Liptak, Adam. (2007). Verizon Reverses Itself on Abortion Messages. New York Times.
" (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)
Allee, Todd L. And Huth, Paul K. (2006) Legitimizing Dispute Settlement: International Legal Rulings as Domestic Political Cover. Vol. 100 No.2 May 2006. Online available at http://journals.cambridge.org/download.php?file=%2FPSR%2FPSR100_02%2FS0003055406062125a.pdf&code=bc8c8108ed707d40bb451e4f5abcf862
Coleman, Andrew (2003) the International Court of justice and Highly Political Matters. Melbourne Journal of International Law. 3 May 2003.
Muller, a.S., Raic, D. And Thuranszky, J.M. (1997) the International Court of Justice: Its Future Role After Fifty Years. Martinus Nijhoff Publishers. Leiden Journal of International Law.
Merrills, J.G. (2005) International Dispute Settlement. Cambridge University Press 2005.
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….
Business - Law
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 ❯
Business - Law
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 ❯
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 ❯
Business - Law
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 ❯
Business - Law
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 ❯
Business - Law
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 ❯
History - Asian
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 ❯
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 ❯
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 ❯
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 ❯
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 ❯
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 ❯
Business - Ethics
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 ❯
Business - Law
" (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 ❯
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 ❯