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But if Houston insisted that Plessy be enforced that is, if the NAACP sued a state to make its schools for black children equal to those for whites which Plessy did require then he could undermine segregation. (Jomills Henry Braddock. A Long-Term View of School Desegregation: Some ecent Studies of Graduates as Adults. Phi Delta Kappan. 259-61. 1984)
He reasoned that states would either have to build new schools for blacks something they could not afford or admit them into white schools. If the Court agreed with his argument, then he could challenge segregation itself. Houston decided that the NAACP had to carefully pick cases that they stood a good chance on winning. Those cases would then establish a precedent that "would make plain the inequality" in the educational opportunities of blacks and whites. Houston was convinced that the battle for civil rights had to be won in the schools,…
References
Supreme court of the United States 305 U.S. 337. Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri, et al. No. 57
Alexis de Tocqueville, Democracy in America, ed. Phillips Bradley, 2 vols. (New York: Vintage Books, 1961
Robert J. Harris, "The Constitution, Education, and Segregation," 29 Temple Law Quarterly 409, 416 (1956).
Paul L. Rosen. The Supreme Court and Social Science. University of Illinois Press, 1972
Whether a man is innocent cannot be determined from a trial in which, as here, denial of counsel has made it impossible to conclude, with any satisfactory degree of certainty, that the defendant's case was adequately presented.
Quote from Justice Black's dissenting opinion, Betts v Brady, 1942-- from Find Law)
Many in the judicial circles regarded the Betts decision of the Supreme Court as "an anachronism" and a departure from the spirit of most of the Court's preceding decisions in similar cases, which ought to be struck down. Justice Black was also now a part of the famous "Warren Court," led by Chief Justice Earl Warren, which was known for expanding civil rights, ending segregation and protecting the fundamental rights of all the citizens of United States, and never missed an opportunity to incorporate the Bill of ights in State laws. Moreover, the American public opinion had also turned in…
References
Betts v. Brady, 316 U.S. 455, (1942)." Find Law for Legal Professionals. Retrieved on July 11, 2007 at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=316&invol=455
The Evolution of a Decision: Gideon v. Wainwright (1963)." Landmark Cases: Supreme Court. Retrieved on July 11, 2007 at http://www.landmarkcases.org/gideon/decision.html
Gideon v. Wainwright, 372 U.S. 335, (1963)." Find Law for Legal Professionals. Retrieved on July 11, 2007 at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=372&invol=335
This practice is called stare decisis, which is the Latin term for "to stand by what has been decided."
These policies make offenses such as bringing weapons to school equal am immediate suspension or expulsion. However, in recent years they have been stretched to include such offenses as bringing toy guns to school or, in the case of older students, forgetting that a knife or rifle used for hunting was still in a vehicle or backpack. In these cases, where the individual components leading up to the incident are not considered, the students' rights are denied as per the Supreme Court decision. Interestingly, many of these same arguments are used against the issue of zero-tolerance criminal policies.
Thus, it is clear that maintaining a classroom while ensuring student rights is no easy task. However, in the United States where freedom is appreciated, it is necessary. Because of this, it is important that teachers and students consult the U.S. Constitution, along with relevant Supreme Court cases in one's state and…
References
Mitchell, H.W. & Knechtle, J.C. (2003, Fall). Uniforms in Public Schools and the First
Amendment: A Constitutional Analysis. Retrieved 27 Aug., from Find Articles: http://findarticles.com/p/articles/mi_qa3626/is_200310/ai_n9248747/
"U.S. Constitution." (2009). Retrieved Aug. 27, 2009, from U.S. Constitution Online:
http://www.usconstitution.net/const.html#Am1
Court Cases
LBS HOMEWORK SHEET
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…
However, the plaintiff lost the case. The defendant's lawyer produced evidence that the first check the plaintiff had used to pay for the car had bounced. They implied that the plaintiff never intended to pay for the car.
The plaintiff took the stand and explained that she had just opened a new checking account and that the bank had coded her checks with one account number but that the deposit slips had a one-digit error. The money did not go into her account for this reason, something she found out when the check bounced. She immediately covered the check. Nevertheless, she lost.
I was left wondering why her lawyer did not know this ahead of time so they could have evidence from the bank that this was true, because except for this it seemed to me that the plaintiff had a strong case. I think that observing this case was…
Accounting
Court Case Brief-Federal Tax Class
United States vs. St. Pierre, 599 F.
FACTS
The Staab Agency acts as an agent for out-of-state trucking companies looking to register trailers in Maine. Shirley St. Pierre, the appellant in this case, owned all of Staab after buying it from its previous owner in 1991. Under her leadership, the company flourished, growing from about four employees and 4,000 customers in 1991 to 17 employees and 37,500 customers in 2002. St. Pierre frequently used company income to pay personal bills and for other personal purposes. This in itself is not horrible as long as she reported the income on her tax returns.
The IRS randomly audited Staab's fiscal year 2000 returns in March 2002. The audit gave rise to suspicions and was later extended to include other returns by Staab and St. Pierre herself. Because Staab is a Subchapter S corporation, its income is…
State v. Snowden (1957)
Question 1
The court defines the term “willful” as a calculated desire to kill. The term “deliberate” is defined as express or implied intent or purpose to kill. The term “premeditated” means that the defendant actually planned to kill the victim. In other words, the court is convinced that the defendant rationally, purposely, and specifically intended to kill the victim (Leagle). The defendant took steps that led to the victim’s death, thereby evidencing first degree murder.
Question 2
The defendant in the case of State v. Snowden, Raymond Allen Snowden, killed the victim Cora Lucyle Dean by cutting her throat. The murder was preceded by the victim’s request for cab fare from the defendant to go back to Boise. The defendant refused to grant the request as he did not feel he had to pay her fare. An argument ensued, eventually leading to the defendant’s murder…
Works Cited
Commonwealth of Massachusetts. Commonwealth vs. George A. Schnopps. Masscases.com, n.d. Web. Web. 27 Oct. 2017.
Leagle. People v. Thomas. Leagle, 2017. Web. 27 Oct. 2017.
Leagle. State v. Snowden (1957). Leagle, 2017. Web. 27 Oct. 2017.
Reinhart, Christopher. Weighting aggravating and mitigating circumstances. Connecticut General Assembly, 22 May 2001. Web. 27 Oct. 2017.
precedent-setting court cases support response. •What factors affect sentencing? Describe sides debate sentencing guidelines. Evaluate factors affect sentencing compare factors racial, gender, socioeconomic lines.
It is a rather well-known fact that there have been numerous cases in the history of the judicial system in which sentencing was considered to be unfair and dependent of racial, gender, or social factors. The role of the Sentencing guidelines was precisely to avoid arbitrary sentencing. However, there are strong debates concerning the applicability of these guidelines and abuses that surround them.
In general terms, the two elements that affect and determine sentencing are the level of the offence and the criminal history of the defendant (United States Sentencing Commission, 2012) These two elements interact and according to the Sentencing table determine the months to be spent in jail to serve a legal punishment. However, as legal practice improved and more and more cases of…
References
"How do judges decide" (n.d.) Sentencing disparity And discrimination. Sage Publications, available online at http://www.sagepub.com/upm-data/27008_4.pdf
The Leadership Conference (2014). "Supreme Court Decision Ends Judicial Debate Over Sentencing Guidelines," available online at http://www.civilrights.org/criminal-justice/sentencing/supreme-court-sentencing-guidelines.html
United States Sentencing Commission (2012) "2012 Guidelines Manual," available online at http://www.ussc.gov/Guidelines/2012_Guidelines/Manual_HTML/5a_SenTab.htm
Belize Telecom Court Case
hen the government of Belize restructured the nation's telecommunication services company it wanted to privatize the company while still maintaining a certain amount of control. To further this goal, the government created a company that would have different classes of shares in that company: ordinary shares, called B. And C. And one special share "hich would be issued to the government and which could only be held by a party authorized by the government." (Belize Attorney General v Belize Telecom) This system allowed for the different shareholders to appoint and remove the eight members of the board of directors, with B. shareholders getting control over two directors, C shareholders four, and the special shareholder the other two. However, there was a provision that allowed the special shareholder, if they owned at least 37.5% of C. shares, to gain control over two of the four C. share…
Works Cited
"Attorney General of Belize and Others v. Belize Telecom Ltd. And Others." Privy
Council UKPC 10 (18 March 2009). Web. 6 Dec. 2012.
http://www.bailii.org/uk/cases/UKPC/2009/10.html
competence important in juvenile court cases? hat are the most important considerations to address when assessing juvenile competence and why? Think along the lines of age, intelligence, background, education, etc.
The purpose of the juvenile justice system is primarily to rehabilitate rather than extract retribution from young offenders, but as in the adult justice system, a criminal defendant must still be judged to be capable of participating in and assisting in his or her defense in a meaningful fashion (Grisso, 2008). This is one reason why the offender's age, intelligence, background, education is so important to consider when evaluating whether a juvenile should be tried as an adult, for example, or whether he or she is emotionally competent to stand trial at all.
A very young child is unlikely to be able to adequately participate in constructing a defense because he or she cannot imagine hypothetical scenarios when going over…
Works Cited
Grisso, Thomas. (2008). "Juvenile Competency to Stand Trial: Questions in an Era of Punitive Reform." Criminal Justice Magazine. Published by the ABA. Retrieved
20 Feb 2008 at http://www.abanet.org/crimjust/juvjus/12-3gris.html
Supreme Court Cases: rends
McCulloch v. Maryland (1819)
he State of Maryland enacted a statute obliging all banks not chartered by the state but operating therein to pay additional taxes to the state government. McCulloch, an employee at the Baltimore branch of the Bank of the United States failed to comply with this regulation and the state sued him for violation. McCulloch moved to challenge the constitutionality of the statute. he appellate court held that as an institution incorporated by Congress, the Bank of the U.S. has a right to put up its branches anywhere in the country, and state governments have no power, whatsoever, to control the constitutional operations of such institutions (McGraw Hill Inc., n.d.).
Gibbons v. Ogden (1824)
A New York statute granted Aaron Ogden, a steamboat owner conducting business within the state waters, the exclusive right over the same, which meant that out-of-state steamboat operators had…
The suit challenged the constitutionality of state laws that allowed the advancement of financial aid to church-associated learning institutions on grounds that such aid was in violation of the First Amendment. The court held that such laws were indeed unconstitutional because they fostered religious inculcation, which would ultimately get the state entangled with religious affairs.
Schenk v. United States (1919)
Schenk, a socialist,
Winship was decided by the Burger Court in 1970, Docket number 778. The case involves a twelve-year-old boy, Samuel Winship, who was arrested for stealing $112 from a woman's locker. Section 744(b) of the New York Family Court Act provided that determination of a juvenile's guilt differs from an adult defendant, requiring only a "preponderance of evidence" and not evidence "beyond a reasonable doubt." Based on the "preponderance of evidence" clause, the Family Court initially found Winship guilty, "despite acknowledging that the evidence did not establish his guilt beyond a reasonable doubt," ("In Re Winship"). Winship appealed, and the appeal was rejected and later sent to the Supreme Court, which granted certiorari and deemed "preponderance of evidence" methods unconstitutional based primarily on the Fourteenth Amendment due process clause.
The outcome of the case strengthens the burden of proof requirements for all criminal cases, juvenile or not. However, juvenile defendants are…
Legal Decisions for Fire and Emergency Services
The American legal system is based upon case precedent and the way the courts are interpreting the law. The result is that there will be shifts in how these concepts are applied with each other. In the case of fire and emergency services, the issue is further complicated from the municipality's policies, procedures and relevant laws. To determine the overall scope of these activities requires focusing on various court cases and the impact of these decisions. Together, these elements will illustrate the effect they are having on fire and emergency services. (Painter, 2012) (Tworney, 2009)
The Impact of recent Legal Decisions on Fire and Emergency Services
There will be a total of 11 different court cases analyzed. The most notable include: Dedham v. Labor elations Committee, IAFF Local 2010 v. City of Homestead International, Association of Fire Fighters Local 2905 v. Town of…
References
Painter, R. (2012). Case and Materials on Employment Law. Oxford: Oxford University Press.
Tworney, D. (2009). Employment and Labor Law. Mason, OH: South Western.
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 the entire political system. As the basic guarantees of the Constitution will not change and cannot be adjusted based upon a new party coming to power. In this case, the structure and attitudes will remain the same. This is from the institution and its practices remaining in place. egardless of what is happening with transitions in power. (Koopmans, 2003) (Neubauer, 2012) (Oakley, 2009)
However, the courts will be impacted by these changes to a certain extent. This will…
References
Glannon, J. (2008). Civil Procedures. Frederick, MD: Kluwer Law.
Howard, J. (1999). The Shifting Wind. Albany, NY: SUNY Press.
Koopmans, T. (2003). Courts and Political Institutions. Hoboken, NJ: Wiley.
Lane, S. (2012). Highway 420. Staten Island, NY: Sandi Lane.
Contracting and Construction
The case of White-Spunner Constr., Inc. v. Constr. Completion Co., 103 So. 3D 781; 2012 Ala. was about a general contractor's right to challenge an illegal subcontract. In this case, the Supreme Court saw fit to reverse the decision of the lower courts, which had previously awarded the subcontractor $1.2 million by ruling against the general contractor. With the Supreme Court's decision, the general contractor's argument was validated and the lower court's decision reversed in the general contractor's favor. Essentially, the illegal subcontract was deemed invalid due to its illegality and therefore had no standing and the subcontractor was not entitled to any payment. The Court also stated that licenses are needed by construction labor brokers -- otherwise they are not allowed to represent clients or perform construction work. The Court had to define what was meant by labor brokers in this instance and it even pointed…
Court System
In recent times, no court case has attracted as much attention as that of George Zimmerman. In this text, I summarize the most significant facts of the said case and explore the key laws that were violated. Further, amongst other things, I will also summarize the outcome of the case and my opinion on the outcome.
The State of Florida vs. George Zimmerman
The Case in Brief: A Summary of Important Facts
Charged with second-degree murder in one of the most publicized court cases in recent times, George Zimmerman was on 13 July declared a free man after the jury deemed it fit to render a not guilty verdict. The charge in this case stemmed from the shooting to death of an individual by the name Trayvon Martin. Pursuant to the said shooting, the state charged that Zimmerman stalked and shot at Martin who was unarmed at the…
References
Botelho, G. & Yan, H. (2013). George Zimmerman Found Not Guilty of Murder in Trayvon Martin's Death. Retrieved from http://edition.cnn.com/2013/07/13/justice/zimmerman-trial/
Clark, D.S. & Ansay, T. (Eds.). (2002). Introduction to the Law of the United States (2nd ed.). The Hague: Kluwer Law International.
Gaines, L.K. & Miller, R.L. (2009). Criminal Justice in Action (6th ed.). Belmont, CA: Cengage Learning.
Scheb, J.M. (2011). Criminal Law (6th ed.). Belmont, CA: Cengage Learning.
Mental Health
Presenting Problem
The patient is a 25-year-old male, single, unemployed, living with parents. The person seeking treatment in this case has been experiencing some extreme problems that have developed somewhat rapidly over the course of six months. The problem is very severe and has interfered with all of his personal relationships. He was recently fired from his janitorial job at a school for scaring the students with his words and actions. The patient has not sought treatment before but is now due to his parent's concern and him becoming much more violent and demonstrating strange and odd behavior. The patient claims to be hearing many voices in his head urging him to do strange acts. The patient has also recently taken up a hobby of collecting dead animals and placing them in mailboxes and other public places.
History of the Problem
The patient has described his life becoming…
Works Cited
National Institute of Mental Health. What are the symptoms' of schizophrenia? Veiwed on 22 Feb 2013. Retrieved from http://www.nimh.nih.gov/health/publications/schizophrenia/what-are-the-symptoms-of - schizophrenia.shtml
Criminal Court Observation
I must admit that when I entered the courthouse I was a bit nervous. It was my first time to attend any trial, let alone a criminal one. However, I thought that a criminal case would be far more interesting than a civil one. Yet, despite my decision, and my belief that it would be "no big deal" to watch a criminal court case, I began to feel very nervous the minute I hit the line for the metal detector. It's funny -- but I always feel just a little bit paranoid before I go through one of those machines -- almost as if I really were hiding some kind of weapon without knowing it.
Anyway, as I finally made my way into the courtroom after a long wait at security, I certainly did not feel any more at ease. For one, the room was too warm,…
Furthermore, the media has been known to slant certain criminal trials in particular directions. For example, the Casey Anthony trial of just a few years ago, some argue, was slanted in such a manner that the entire nation thought she was guilty. The jury, however, found her not guilty. Given the portrayal of this woman in the media, an entire nation thought that justice had not been served. Jurors were ridiculed and even threatened. An entire uproar had occurred. By allowing court proceedings to be covered by the media, there's a lack of authenticity which is surrendered for recording everything on television.
Furthermore, allowing court proceedings to be televised cheapens the process of justice, by making it a form of entertainment for the masses. This is simply unacceptable. It negates the entire reason that the judicial process was created: the judicial system was developed in order to employ a level…
References
Debate.org. (2013). Should criminal trials be televised? Retrieved from Debate.org: http://www.debate.org/opinions/should-criminal-trials-be-televised
Within the domain of criminal law, Amendment IV’s safeguards with regard to searches and confiscations cover: Law enforcers’ physical capture or "seizure" of individuals, using stops or arrests;
And law enforcers’ inspections of articles and places wherein citizens lawfully expect their privacy to be respected (such as their person, homes, temporary lodgings (e.g., hotel rooms), offices, clothes, bags,cars, etc. (Search and Seizure and the Fourth Amendment – FindLaw).
Amendment IV offers safeguards to citizens in matters related to investigations and arrests, and forbids the utilization of articles seized without authority as court-room evidence (Search and Seizure and the Fourth Amendment – FindLaw). How much protection a citizen enjoys in any given instance is dependent on apprehension nature, searched location characteristics, and circumstances of search. However, for stopping or keeping any citizen in custody, law enforcement officials need to have satisfactory suspicion (in other words, impartial, soundgrounds to believe the apprehended…
Knorpp v Hale
981 SW 2nd 469 (Tex. App. 1998)
Knorpp v Hale is a case from Texas that deals with the issues of responsibility towards an individual coming onto one's personal property and then experiencing a danderous or negative situation. In this case, Bonita Knorpp believed that her son, Todd Erwin, was a licensee rather than an invitee at the time of his death. The procedural history of this case focuses on the notion that Knorpp (the administrator of her son's estate) wanted the Court to review an order from the 202nd Judicial District court that found the Erwin was a social guest when he was killed (Knorpp v Hale, 1998).
The background of the case shows that Erwin was dating the Autumn Hale, daughter of Michael and Reeda Hale. The two had been dating for about a year, and Erwin spent a considerable amount of time at the…
Law School Briefs. (1998). Knorpp v. Hale Case Brief. Retrieved from:
http://www.lawschoolcasebriefs.net/2013/02/knorpp-v-hale-case-brief.html
Common phrase
S. No. 04-1739 (2006)
Facts:
Issue(s):
Ruling:
Analysis:
Minority Rationale:
Comments:
wo examples of where rights are limited in the ownership of land or property:
Servitudes and easements are put into place...
Servitudes and easements can be protected by...
It is vital to protect Servitudes and easements because...
III. Intellectual Properties
Eric Eldred, Et Al., Petitioners V. John D. Ashcroft, Attorney General
U.S. 01 -- 618 (2003)
Facts:
Issue(s):
Ruling:
Analysis:
Minority Rationale:
Comments:
he differences between copyrights, trademarks, and patents include:
he title to real property is permanent, whereas some intellectual property is limited in the time that it is protected due to...
IV. Business and the Bill of Rights
Humana Inc., Et Al., Petitioners V. Mary Forsyth Et Al.
U.S. 97 -- 303 (1999)
Facts:
Issue(s):
Ruling:
Analysis:
Minority Rationale:
Comments:
he major difference between business speech and political speech is that...
Whether or not "Closely regulated industries…
Timothy Booth, Petitioner V.C.O. Churner et al." (2001). Retrieved 07 July 2006 at http://supct.law.cornell.edu/supct/search/display.html?terms=Administrative%20gency&url=/supct/html/99-1964.ZO.html .
What is the Difference Between a Copyright, Trademark and Patent?" (2006). Retrieved 08 July 2006 at http://www.wisegeek.com/what-is-the-difference-between-a-copyright-trademark-and-patent.htm .
Court Briefs - 7 Different Cases
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 management, with issues such as the deepening ethnic diversity of encountered populations and shifting ideas about victims' rights playing defining roles in the tasks before any given court. The discussion here on language interpretation services and the timeline in the evolution of victims' rights are offered within the context of court administration.
Language Interpretation Services:
It is often the case that courts will find themselves burdened with the task of wading through the details of officer-defendant confrontations…
Works Cited:
Missouri Courts (MC). (2010). Court Interpreter Services. Courts.mo.gov.
Muraskin, R. & Roberts, A. (2004).Visions for Change: Crime and Justice in the Twenty-First Century. Prentice Hall.
Robinson, M. (2002). Justice Blind? Prentice Hall.
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 debate, believing that the bill would be ruled unconstitutional by the Supreme Court in that it violated first amendment laws, among other things (Robertson 2004,-page 234). hen the voted for or signed the bill as the case may have been, they believed that the court would ultimately overrule the other branches by finding the proposed legislation unconstitutional based on the text of the law itself. The Supreme Court, however, did not agree with this perspective and ruled the law legal.…
Works Cited
Appel, J.M. (2009, August 22). Anticipating the incapacitated justice. Huffington Post.
Center for Internet and Society. (2005). Pat Robertson suggests that Muslims shouldn't serve as judges. Stanford University Press: Stanford, CA. Retrieved from http://cyberlaw.stanford.edu/blogs/chander/archives/003105.shtml
Robertson, P. (2004). Courting Disaster: How the Supreme Court is usurping the Power of Congress and the People. Integrity: Brentwood, TN.
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…
References
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
Courting Disaster
This study reviews Pat obertson's "Courting disaster: How the Supreme Court is usurping the power of Congress and the people." Pat obertson is the founder and chairperson of the Christian Broadcasting Network, founder of egent 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, obertson attempts to prove that the current operation of the judicial system is dangerous to both the republican form of government and our individual freedoms. While seeking to strengthen his argument, the author has compiled fascinating facts, quotes, case decisions, and opinions of the Court (Mu-ller-Fahrenholz, 2007).
From this study, it is evident that obertson undertook a political expedition seeking to identify various issues that bedeviled the American society. However, he fails to provide solutions to the identified problems. This is an action…
References
Barrett, P., & Smolla, R.A. (2010). A year in the life of the Supreme Court. Durham [u.a.: Duke Univ. Press.
Edwards, L., & Meese, E. (2011). Bringing justice to the people: The story of the freedom-based public interest law movement. Washington, DC: Heritage Books.
Melashenko, E.L., & Smith, D.B. (2009). Rock-solid living in a run-amok world. Hagerstown, MD: Review and Herald Pub. Association.
Mu-ller-Fahrenholz, G. (2007). America's battle for God: A European Christian looks at civil religion. Grand Rapids, Mich. [u.a.: William B. Eerdmans Publ.
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 specific issues under the Constitution. The Constitution is the basic framework, or the strategic direction of law; defining relationships and allowing for reasons that are fundamental to other laws (e.g. privacy, search, etc.). Laws are the manner in which the tactics of the legal system and/or philosophy are carried out and used within society. A Constitution defines the theoretical basis of law, while laws incorporate the process of law and allow the government and its officers to use the…
REFERENCES
Neubauer, D., et al., (2010). America's Courts and the Criminal Justice System. Belmont,
CA: Wadsworth/Cenage.
Plunkett, T. (2001). A Concise History of the Common Law. Clark, NJ: The Lawbook
Exchange.
In his joint aticle with Oleg Sminov, "Dift, Daft, o Dag: How the Supemes React to New Membes," Smith takes an even close look at the Supeme Cout and the histoy of its political (o intepetive) makeup. Specifically, these authos find that the Cout counte-balances changes to its ideological makeup though the addition of new membes by changes in the oveall intepetative stances of opposing justices -- the addition of moe libeal justices esults in consevative justices becoming moe consevative, and the addition of consevative justices leads to moe libeal thinking on the pat of libeal justices. This view sees the Supeme Cout and couts in geneal as an essentially political body, just like any othe political body at wok in the fedeal govenment o at othe levels of govenment within any given society, whethe past o pesent.
A Mediation of Theoies and Pactice
Though the thee theoies biefly descibed…
references. This increases the politicization of the court system as a whole and makes individual judges and courts less responsive to the individuals appearing in the courts than they otherwise would be.
Conclusion
A fully accepted explanation of the court system has yet to be achieved in the literature, and is certainly beyond the scope of this paper. The agreement that exists between the disparate arguments presented above, however, suggests that these authors are formulating a new trend in judicial theory that could soon replace the inadequate and simplified view taken by many of the courts. This understanding will doubtless continue to be refined for decades, if not centuries.
One of the pending cases involved a dispute between France and the Democratic Republic of the Congo. Like the dispute with Belgium, this involved France's attempt to hold one of the Congo's ministers responsible for war crimes and crimes against humanity. France sought to compel the President of the Democratic Republic of the Congo to appear as a witness, which the Congo claimed was a violation of its sovereignty.
References
nternational Court of Justice. (2008). Certain Criminal Proceedings in France (Republic of the Congo v. France). Retrieved April 10, 2008, from nternational Court of Justice
Web site: http://www.icj-cij.org/docket/index.php?p1=3&p2=1&code=cof&case=129&k=d2
nternational Court of Justice. (2008). Judge Kenneth Keith. Retrieved April 10, 2008, from nternational Court of Justice.
Web site: http://www.icj-cij.org/court/index.php?p1=1&p2=2&p3=1&judge=157
nternational Court of Justice. (2008). Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. Retrieved April 10, 2008, from nternational Court of Justice.
Web site: http://www.icj-cij.org/docket/index.php?p1=3&p2=4&k=5a&case=131&code=mwp&p3=6
nternational Court…
International Court of Justice. (2008). Summary of the Judgment of 14 February 2002.
Retrieved April 10, 2008, from International Court of Justice.
Web site: http://www.icj-cij.org/docket/index.php?sum=591&code=cobe&p1=3&p2=3&case=121&k=36&p3=5
U.S.C. § 48 is not aimed at specific instances of animal cruelty, but specifically at the creation and distribution of depictions of such abuse for the purposes of interstate and/or foreign commerce. This is the act that the appellant was unarguably engaging in when apprehended by law enforcement, and the fact that the law is not aimed at those participating directly in acts of animal cruelty does not in and of itself create a constitutional objection.
The statutes specific mention of interstate commerce renders the appellant's claim that the constitutionality of the statute is in question due to a dependence on state definitions also moot. Not only were the acts depicted in the videos the appellant old to law enforcement agencies unquestionably illegal in all fifty states, but the federal government has a duty to regulate interstate commerce specifically because state definitions and regulations differ. Failing to regulate the interstate…
References
FindLaw (2010a). NEW YORK v. FERBER, 458 U.S. 747 (1982). Accessed 14 January 2010. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=458&invol=747
FindLaw (2010b). CHAPLINSKY v. STATE OF NEW HAMPSHIRE, 315 U.S. 568 (1942). Accessed 14 January 2010. http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=315&invol=568
Superior Court
In business law, one of the ways that disputes are resolved is through going to court and presenting evidence to the judge about each party's position. They will render a verdict and award a judgment based upon case precedent and their interpretation of the law. To fully understand what is taking place requires carefully examining one case that is occurring. This is accomplished by: studying the citation of the case, facts, issues, the court's decision and legal reasoning. Together, these elements will highlight how this is affecting the way various statutes is interpreted and how the rule of law is enforced.
Citation of the case: The court case took place in Maricopa County Superior Court in Maricopa County, Arizona. The name of the case that was decided is Moray vs. Toyota Financial Services. Its case number is CV2012-097376. The time of the hearing took place at 10:30 AM…
References
Engram vs. JP Morgan Chase. (2010). Justia. Retrieved from: http://statecasefiles.justia.com/documents/arizona/court-of-appeals-division-one-unpublished/CV080635.pdf
Vehicle Repossession Laws in Arizona. (2013). E How. Retrieved from: http://www.ehow.com/list_6301306_vehicle-repossession-laws-arizona.html
APA Format. http://owl.english.purdue.edu/owl/resource/560/11/
he appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a constitutional right and every reasonable law enforcement officer would have known that, at the time of the incident, their actions were in violation of the law. Because the road Harris was traveling down was empty, the court found the Scott's action unreasonable and thus outside his immunity.
On appeal to the Supreme Court, the Court reversed, finding that Scott had acted reasonably in accordance with the Fourth Amendment. he Court stated, "A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death."
Clearly this case…
The U.S. District Court ruled in favor of Harris, finding that Scott had violated Harris' Fourth Amendment Rights. This decision was upheld on appeal. The appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a constitutional right and every reasonable law enforcement officer would have known that, at the time of the incident, their actions were in violation of the law. Because the road Harris was traveling down was empty, the court found the Scott's action unreasonable and thus outside his immunity.
On appeal to the Supreme Court, the Court reversed, finding that Scott had acted reasonably in accordance with the Fourth Amendment. The Court stated, "A police officer's attempt to terminate a dangerous high-speed car chase that threatens the lives of innocent bystanders does not violate the Fourth Amendment, even when it places the fleeing motorist at risk of serious injury or death."
Clearly this case will affect future situations in that it gives police greater power to use force to stop potentially dangerous situations, even if the perpetrator's safety is put at risk. However, I agree with the Supreme Court's decision because a police officer is a trained professional and such actions as that taken by Scott are done not out of malice but out of a concern for the general safety of the public.
S. cannot legally abide -- this would result in the U.S. signature being ultra vires (beyond the powers of authority) (Reid v. Covert)
Thus, United States Coast Guard had no authority to board a private vessel that was not in its territorial jurisdiction. Substance laws, in this case, pixie dust, is not illegal in Neverland, and the flagless vessel carrying Tinkerbell and the dust was not damaging or at fault in any way towards the United States. Under U.S. law, "customs waters" means that if a foreign vessel that is subject to a previous treaty with the U.S. is in U.S. customs waters, then by agreement, it can be boarded, examined, and contents searched and seized per U.S. law (U.S. Code 1709 - Definitions). However, since the President signed an executive agreement effectively cancelling the U.S./Neverland Treaty issue of customs waters, the vessel, its passengers, and its cargo were not…
Works Cited
Reid v. Covert. No. 354 U.S. 1. U.S. Supreme Court. 10 June 1957. Print.
"U.S. Code 1709 - Definitions." 2010. Cornell University Legal Information. Web. December 2011. .
"Vienna Convention on the Law of Treaties 1969." 23 May 1969. UNtreaty.un.org. Web. December 2011. .
Dennis should have first confronted Zack about the issue to find out what was going on. If he could not get any satisfaction there then taking the issue to Tim would have been appropriate. Another solution that could have taken place would be for Dennis to report the issue to an ethics hotline in order to have it investigated by neutral parties. This of course could only happen if the company has such a line and policy in place. This type of system helps by providing employees with a way to report things that happen within the company without having to have confrontational discussions with possible offending parties.
eason
If an electronic mail (e-mail) system is utilized within a business, the employer owns it and is permitted to look at its contents whenever it wants. Messages that are sent inside the company as well as those that are sent from…
Reference
Workplace Privacy and Employee Monitoring. (2011). Retrieved from http://www.privacyrights.org/fs/fs7-work.htm#4
District of Columbia v. Heller Case Brief
Case Facts: The District of Columbia Code prohibited carrying an unregistered firearm and banned the registration of handguns through its provisions. However, the provisions granted the chief of police the liberty to grant one-year licenses for handguns. Additionally, the Code required individuals owning legitimately registered firearms to keep them unloaded and disassembled or with locked trigger unless they were in business places or being utilized for legalized recreational activities.
A special police officer in Washington, D.C., Dick Anthony Heller, was permitted to carry a handgun while on duty. He applied for a one-year registration license from the city of Washington for a handgun he wanted to keep at home. Based on the provisions of the District of Columbia Code, Heller's application was rejected. Consequently, he sued the District of Columbia on the premise that the provisions of this Code violated the Second Amendment.…
U.S. Supreme Court: Kelo v. New London (2005)
Supreme Court case Kelo v. City of New London involved the issue of eminent domain which is granted to governmental bodies including federal, state and local governmental bodies by the Fifth Amendment to the U.S. Constitution which means that the government is authorized to take land that is privately owned if the land is to be used by the public and the owner is paid a fair price for the land or what is referred to as 'just compensation'. Prior to Kelo v. City of New London the power of eminent domain was typically exercised by cities for acquisition of facilities that were clearly intended for public use such as schools, bridges or freeways. The case of Kelo v. City of New London however, involved what was a "new trend among cities to use eminent domain to acquire land for the redevelopment…
Bibliography
Kelo v. New London: Lawsuit Challenging Eminent Domain Abuse in New London, Connecticut. (2012) Institute for Justice. Retrieved from: http://www.ij.org/kelo-v-new-london
KELO et al. v. CITY OF NEW LONDON et al. certiorari to the supreme court of Connecticut. No. 04-108.Argued February 22, 2005 -- Decided June 23, 2005 (2012) Findlaw. Retrieved from: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=04-108
Longley, R. (2012) Court Expands the Power of Eminent Domain. About.com. U.S. Government Info. Retrieved from: http://usgovinfo.about.com/od/rightsandfreedoms/a/eminentd.htm
Head, T. (2012) Summary of Kelo v. New London (2005) - Supreme Court Eminent Domain Case. About.com. Civil Liberties. Retrieved from: http://civilliberty.about.com/od/freetradeopenmarkets/p/kelovlondon.htm
Media in the Courtroom
High profile court cases, especially murder trials and celebrity cases are more likely to attract the national media than ordinary cases that usually of no interest beyond the local level. These are also the kinds of cases when the issue of TV cameras in the courtroom is most significant, and when judges have to give serious thought to handing down gag orders that block all public discussion of the case for the duration of the trial. In this era of Internet, Facebook, 24-hour cable news and YouTube, any events or statements in the court can easily become 'viral' and be seen instantly by millions of people around the world. For most of the 20th Century, recording devices and movie and TV cameras were not allowed in the courts, but only reports from the print media and drawings by sketch artists. This technology existed for many decades…
REFERENCES
Ferguson, R. 2011. "Cameras in the Courtroom." The American Spectator.
http://spectator.org/archives/2011/07/19/cameras-in-the-courtroom
Mesereau, T.A. 2011. "Effectively Handling High-Profile and Celebrity Cases." Los Angeles Lawyer, Survival Guide for New Attorneys in California, Fall 2011 Issue
http://www.mesereauyu.com/los-angeles-lawyer-effectively-handling-high-profile-and-celebrity-cases
Sneaky Pete Case
Answers to Jake Law's Questions
Jake Law is the prosecuting attorney in the armed robbery case of Sneaky Pete. In the current negotiation, Jake must resolve his issues with the defense attorney, Chris Vaughn and the Judge as well. It is important for Jake to remember his role as an officer of the court and do what is right for the jurisdiction he represents and not simply for his own personal benefit. Unfortunately for Pete, many of these attorneys are very unsympathetic to anything other than their career.
Prosecuting attorneys serve the public by representing local, state or federal governments in criminal court cases. They participate in the investigation of criminal activity and fight for justice and represents the court. They must also have an understanding of their communities' needs and the motivations driving law breakers. Successful prosecution can lead to an individual's loss of rights, and…
References
Sneaky Pete Case Study. Provided by customer.
The Legal Dictionary. "District and Prosecuting Attorneys." Viewed 11 Aug 2013. Retrieved from http://legal-dictionary.thefreedictionary.com/District+and+Prosecuting+Attorneys
The Legal Dictionary. "Defense Attorney." Viewed 11 Aug 2013. Retrieved from http://legal- dictionary.thefreedictionary.com/Defense+attorney
Amazon was incorporated in the year 1996 and has grown to become the most valuable retailer, surpassing, Walmart, in the United States with a $250 billion worth of market valuation. Amazon offers a wide range of products and services by means of its websites. In particular, Amazon offers its own products together with third-party products in different categories by means of mobile applications and websites as well as retail websites. egardless of its incessant growth and advancement in the industry, in recent periods, the company has been faced with numerous complaints and negative perspectives, regarding the management practices being employed within the company. This paper will analyze some of the effective and ineffective management practices at Amazon and thereafter offer some recommendations to these practices.
Disdain for Employee Work-Life Balance
One of the ineffective management practices is the lack of a proper work-life balance for the employees at Amazon. As…
References
Jones, G., George, J. (2008). Introduction to Organizational Behavior. New York: Prentice Hall Publications.
Kantor, J., Streitfeld, D. (2015). Inside Amazon: Wrestling Big Ideas in a Bruising Workplace. New York Times. Retrieved 21 February, 2015 from: http://www.nytimes.com/2015/08/16/technology/inside-amazon-wrestling-big-ideas-in-a-bruising-workplace.html?_r=0
Rosain, T. (2015). 9 key issues with Amazon's corporate culture. Becker's Hospital Review. Retrieved 21 February, 2015 from: http://www.beckershospitalreview.com/hospital-management-administration/9-key-issues-with-amazon-s-corporate-culture.html
S. COUT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)."
The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their life unless they choose to step down. A majority is not needed to win a Supreme Court hearing request. If four of the nine think the case brought before them is worth hearing then the case will be heard.
STATE COUTS
Below is a list of the typical types of cases that may be heard by a state court. http://www.uscourts.gov/outreach/resources/fedstate_lessonplan.htm
Cases involving the state constitution -- Cases involving the interpretation of a state constitution.
State criminal offenses -- Crimes defined and/or punished by the state constitution or applicable state statute. Most crimes are state criminal offenses. They include offenses such as murder, theft, breaking and entering, and destruction of property.
Tort and personal injury law -- Civil…
REFERENCES
HOW the U.S. COURT SYSTEM FUNCTIONS
http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm
Courts in the United States http://www.lectlaw.com/files/jud01.htm
Respecting State Courts: The Inevitability of Judicial Federalism (Contributions in Legal Studies) by Michael E. Solimine and James L. Walker (Hardcover - Dec 30, 1999)
The district courts hear cases first, if the case is of federal jurisdiction. If a party decides to appeal a ruling, it goes to an appellate court. The appellate court will not hear a case that has not already passed through the district court. Moreover, when it does hear a case it does not re-try the case on its merits, but merely seeks to see if there was an error in the rule of law in the district court's hearing of and decision on the case. The Supreme Court is also an appellate court, but instead of the case being heard by one judge, the case is heard by all of the Supreme Court justices. They each vote on the issue, with majority rule guiding the decision. This stands in stark contrast to the other courts, which function with one judge
The Supreme Court is also different from the other…
Works Cited:
Klein, F.; Bander, E.; Richert, J. (1977). Federal and State Court Systems. Institute of Judicial Administration, 1977.
Fallon, R.; Fallon, J.R.; Meltzer, D. & Shapiro, D. (2007). Hart and Wechsler's the Federal Courts and the Federal System, 2007.
Having open court procedures would also lead to more liability and more community engagement that would in turn lead to better outcomes for children and families who may get caught up in the criminal justice system (Ashley, 2007).
There has been a recent increase in the number of violent crimes that are being committed by juveniles. This has caused a shift in thinking from rehabilitation to that of retribution and deterrence. Many states have begun to open juvenile proceedings to the public when a minor is charged with a violent crime that may provoke community outrage because of the nature of the crime (1990's: Juvenile The Courts Proceedings and ecords Continue to Be More Accessible to the Public, 1999).
There has been a lot of evidence presented as to why juvenile court proceeding should be open to the public. Everything has been presented from not violating the First Amendment of…
References
1990's: Juvenile the Courts Proceedings and Records Continue to Be More Accessible
to the Public. (1999). Retrieved April 17, 2009, Access to Juvenile Courts Web
site: http://www.rcfp.org/juvcts/index.html
Ashley, B. (2007). Difference Between Open vs. Closed Juvenile Court Proceedings.
Right to Die Cases
The very public, legal and ultimately political saga of Terri Schiavo brought not only national but international attention to the right to die issues and echoed a similar battle which took place some fifteen years earlier concerning Nancy Cruzan.
In "Cruzan, by her Parents and Co-Guardians v. Director, Missouri Department of Health, 497 U.S. 261,' the United States Supreme Court concurred with the lower court's ruling on June 25, 1990 (Cruzan pp).
Petitioner Nancy Beth Cruzan was rendered incompetent as a result of severe injuries sustained during an automobile accident on the night of January 11, 1983 (Cruzan pp). Paramedics restored her breathing and heartbeat at the accident site when she was discovered without detectable respiratory or cardiac function (Cruzan pp). She was transported to a hospital in an unconscious state where an attending neurosurgeon diagnosed her as having sustained probably cerebral contusions compounded by significant…
Work Cited
Cruzan, by her Parents and Co-Guardians v. Director, Missouri Department of Health.
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/cruzan.html
Terri Schiavo
http://en.wikipedia.org/wiki/Terri_Schiavo
agree court's decision? Is court's interpretation Article
There are a number of factors to consider when seeking to determine whether or not justice was served in the 2008 court case Sky Cast Inc. v. Global District Distribution. The crux of this case is that the plaintiff, which is based in Canada, was supplying light poles to the defendant, which is based in the United States, for several years prior to a dispute that arose in 2006. During that year Sky Cast Inc. delivered light poles to Global District Distribution's clients in Florida. However, the defendant claims that the poles were not delivered in a timely fashion, and that it incurred damages due to that fact -- which was also the primary reason it severed ties with Sky Cast Inc. despite owing the latter an $80,000 balance.
After considering a number of factors that were relevant to this case and to…
References
No author. (2008). "CISG Case Presentation" Pace Law School. Retrieved from http://cisgw3.law.pace.edu/cases/080318u1.html
Minor's Constitutional Rights
courts have recognized some Constitutional rights for students attending public schools that school officials need to be aware of. Even though, school officials have been given the right to control student conduct on school grounds, school officials can cross the line when it comes to student rights. The Supreme Court case Safford Unified School District #1 v. Redding (2009) is a prime example of school officials crossing the line concerning violation of a student's Constitutional rights when the Arizona middle school had strip searched 13-year-old Savana Redding under suspicion she was hiding ibuprophen pills in her underwear (arnes 2009).
The fact was another student had been found with prescription strength ibuprophen and told the Assistant Principal she received it from Redding. After being pulled into the office by the Assistant Principal, Redding had consented to a search of her backpack and outer clothing. When the search found…
Bibliography
Barnes, P. 2009. Supreme Court Rules Strip Search Violated 13-Year-old Girl's Rights. June 26. Accessed Apr 26, 2013. http://www.washingtonpost.com/wp-dyn/content/article/2009/06/25/AR2009062501690.html .
Bravin, J. 2009. Court Faults Strip-Search of Student. June 26. Accessed Apr 26, 2013. http://online.wsj.com/article/SB124593034315253301.html .
Liptak, A. 2009. Strip Search of Girl Tests Limits of School Policy. Mar 23. Accessed Apr 26, 2013. http://www.nytimes.com/2009/03/24/us/24savana.html?pagewanted=all&_r=0 .
ATLANTA MOTEL v. UNITED STATES, 379 U.S. 241 (1964)
379 U.S. 241
In the Court of: U.S. Supreme Court
Argued on: October 5, 1964
Decided on: December 14, 1964.
Facts
Reasons for the Lawsuit:
The appellant is the owner of a large motel (Heart of Atlanta Motel Inc.) in Atlanta, Georgia who restricts his clientele to white people, 75% of whom are inter-state travelers. He has filed a suit to perpetuate his policy of refusing rooms to Negroes. The defendants or appellees are the United States et al.
Arguments of the Appellant
The appellant contends that in passing and enforcing the Civil Rights Act of 1964, the congress has exceeded its power to regulate commerce under Art. I, 8, cl. 3, of the U.S. constitution.
The Act violates the Fifth Amendment as the appellant is deprived of the right to choose its customers and operate its business as it wishes,…
The complainant in the Mapp v. Ohio case, DollreeMapp, was detained following a law enforcement search of her house to find an outlaw she was supposedly giving refuge to. After a number of entry refusals by the complainant, Cleveland’s Police Department apparently forged a warrant to inspect her home and forced their way into it. While they couldn’t find any outlaw hidden there, they did stumble upon lascivious and lewd material (books, to be precise) in the house (Mapp V Ohio - Cases | Laws.com). This discovery led to Mapp’s detention, though she wasn’t charged. Nevertheless, the complainant claimed the police had no basis to detain her and had also breached her rights guaranteed by Amendment IV. The Mapp v. Ohio case, Mapp’s appeal for her previous detention by Cleveland’s Police Department, is counted among the most popular twentieth-century Supreme Court-handled cases. Amendment IV forbids unauthorized searches and seizures in…
Another case illustrates how important proper investigation can be to the outcome of a case. Various authors cite the case of a fire in a home that killed two children. The children's mother had left them in the care of her boyfriend, who left them alone and left the residence. A small fire was seen burning outside the home after he left. The authors note, "The suspect was arrested and charged with arson and murder. Law enforcement authorities claimed that accelerant was detected on the suspect's clothes and in fire debris sampled outside the dwelling" (Various authors, 2003, p. 127). In fact, the accelerant found outside the home was completely different from that found on the suspect, (which was gasoline), and eventually the charges were dropped. The defendant worked as an automobile mechanic, which explained the presence of gasoline on his clothing. This indicates how a botched investigation can lead…
References
Bellilse, M. (2007). Moore avoids death penalty with plea bargain. Retrieved 24 Feb. 2009 from the Reno Gazette Journal Web site: http://www.rgj.com/article/20070119/NEWS/70119007 .
Drake, J. (2001, February 20). Arson unit's powers stripped. The Washington Times, p. 1.
Editors. (2009). Arson. Retrieved 24 Feb. 2009 from the Insurance Information Institute Web site: http://www.iii.org/media/hottopics/insurance/test1/ .
Lynch, P.A. (2007). Michigan court recognizes rule that arson cases can be proven. Retrieved 24 Feb. 2009 from the Interfire.org Web site: http://www.interfire.org/features/legalview.asp?date=12142007 .
awlinson Case
We Background - Dianne awlinson, a female citizen of the state of Alabama, applied for a job as a state prison guard, but was rejected because she failed to meet a state requirement that all prison guards must be at least 5' 2" tall and weigh a minimum 120 pounds. Additionally, a state regulation prohibited women from serving as guards in maximum security institutions because that position would require direct contact with male prisoners.
The Complaint - awlinson filed suit with the EEOC and brought a class action suit against Alabama corrections officials in which she challenged the height/weight as well as the "close contact" regulations. awlinson claimed that these rules violated her civil rights under Title VII (1964) Civil ights Act.
The uling - The District Court ruled in awlinson's favor on both counts. It took into account national statistics that outlined the comparatives heights and weights…
REFERENCES
Dothard v. Rawlinson (No. 76-422). (1977). United States Supreme Court.
Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0433_0321_ZS.html
CSWD (Council on Size and Weight Discrimination). (2006). Laws and Ordinances. Retrieved from: http://www.cswd.org/docs/legalaction.html
Cushman, C. (2001). Supreme Court Decisions and Women's Rights. Washington, DC: CQ Press.
Miranda uling: Its Past, Present and Future
In almost all cases, the Miranda ruling of 1966 applies to police interviews with criminal suspects, although other Supreme Court decisions extend some of the rights to legal counsel and prevention of self-incrimination to public and private employers. According to the Supreme Court, the Miranda Warnings must be given prior to questioning to all persons who have been arrested and are in police custody, although one loophole "permits the police to question suspects without giving them their Miranda rights in those settings where it is unclear whether custody is present" (Wrightsman and Pitman 2010). In addition, suspects might not understand all these rights, especially because local and state police forces around the United States use hundreds of different versions of these rather than one standard set of warnings. At times, police training manuals also advise officers how to avoid giving the warnings or…
REFERENCES
Hoffmann, C.D. (2005). "Investigative Interviewing: Strategies and Techniques." International Foundation for Protection Officers, August 2005.
Niehaus, L. "The Fifth Amendment Disclosure Obligations of Government Employers when Interviewing Public Employees." Northern Kentucky University, Salmon P. Chase College of Law, March 22, 2008.
Wrightsman, L.S. And M.L. Pitman (2010) The Miranda Ruling: Its Past, Present, and Future. Oxford University Press.
Legal cases are an essential part of any democratic society because they set precedents which aid in the creation of new laws. The purpose of this discussion is to compare and contrast following three legal cases; Dorsett v. Board of trustees for state colleges and Universities, Riggin v. Board of trustees of Ball University, and Brouillette v. Board of directors of merged area IX. e will examine the impact of these cases on our democracy.
Comparisons and Contrasts
Dorsett v. Board of Trustees for state colleges and universities was decided in the 5th district circuit court in 1991. The plaintiff in this case alleged that "various administrative decisions had harmed his reputation, that he had been unfairly denied summer employment and salary increases, and that he had suffered other miscellaneous harassments." (Dorsett v. Board of Trustees for State Colleges & Univs) In this case the plaintiff sued his employer in…
Works Cited
Brouillette v. Board of Directors of Merged Area IX, 519 F.2d 126 (8th Cir. 1975)
Dorsett v. Board of Trustees for State Colleges & Univs., 940 F.2d 121, 123 (5th Cir. 1991)
Riggin v. Board of Trustees of Ball State University, 489 N.E.2d 616 (Ind. App. 1986).
Tapping Officials Secrets." 2001. The Reporters Committee for Freedom of the Press Fourth Edition. 7 April 2003. http://www.rcfp.org/tapping/index.cgi?key=IN2
Terri Schiavo Case
On February 25, 1990- to 26-year-old Terri Schindler Schiavo collapsed in her home and was admitted to the Northside Hospital in St. Petersburg Florida. Although her collapse was inexplicable, it would later be attributed to an eating disorder. Unfortunately Terri Schiavo was diagnosed with hypoxic encephalopathy, a "brain injury caused by oxygenation starvation to the brain." ("Timeline") Although originally claiming that he wanted to care for her for the remainder of his life, by 1993 Terri's husband, Michael, then claimed that she would not want to be kept alive in this condition. After a number of years of legal battles between Terri's husband and her family, the Schindlers, a court decided in the year 2000 that life support should be removed and Terri allowed to die. However, Terri's parents appealed this decision and won a temporary stay on the removal of her feeding tube. Then, after a…
References
"Timeline." Terri Schiavo Life & Hope Network. Terrisfight.org. Retrieved from http://www.terrisfight.org/timeline/
Quill, Timothy. (21 April 2005). "Terri Schiavo: A Tragedy Compounded." New England
Journal of Medicine 352, pp. 1630-1633. Retrieved from http://www.nejm.org/doi/full/10.1056/NEJMp058062
Legal Thinking, Law Case, Ethics Case
The court case of Regal finance Company, Ltd. And Regal Finance Company II, Ltd., Petitioners, v. Tex Star Motors, Inc., Respondent, is extremely significant to conducting business in the United States and to that involving collateral for automobiles in particular. Moreover, it attests to the fact that the standard one should hold for the circumstance in which a used-car dealer disposes of secured collateral is that set by the legal precedent of this particular case, and not the mandates of the Uniform Commercial Code (which involved article 9 in this particular case). Although wrangling of the interpretation of the aforementioned article in the UCC may have led to the initial decision In this case, one of the things that makes this case so notable is that initial decision was eventually overturned by the Supreme Court of the state of Texas. In doing so, the…
First Amendment including kind cases, examples, Supreme Court rule-Based 1st Amendment grounds? Analyze: a.The Sections 1st Amendment means.
The First Amendment
The First Amendment is both one of the most significant legislations in the U.S. And one of the most divisive texts in the Bill of Rights. The text was devised with the purpose of preventing Congress from having the authority to either prevent individuals from exercising their right to express their religious views or to prevent the press from publishing ideas that are truthful. Many individuals are inclined to believe that government should not have anything to do with concepts like religion or freedom of the press. As a consequence, these respective people believe the First Amendment to function as a tool intended to assist the U.S. public in being able to access ideas it is entitled to.
The First Amendment reads "Congress shall make no law respecting an…
Works cited:
Barnett Lidsky, L., & Wrights, R.G. "Freedom of the Press: A Reference Guide to the United States Constitution." (Greenwood Publishing Group, 1 Jan 2004)
Sheehan, K.B. "Controversies in Contemporary Advertising." (SAGE Publications, 30 Jul 2013)
West, E.M. "The Religion Clauses of the First Amendment: Guarantees of States' Rights?" ( Lexington Books, 10 Jul 2012)
Social psychologists have shown that a group can be heavily influenced by the dominating, authoritarian decision making of one or more strong supporters of the death penalty.
Despite the democratic process of picking jury members, many typical jury selection practices later lead the group of twelve picked to be of a certain caliber, based on the characteristics of those chosen and how those characteristics relate within a group setting. Since the 1970's, social psychologists have been used by counsel to help ensure victory in the outcome of certain cases. Due to the influential potential of a jury's opinion, venue becomes essential in the outcome of the case. The trial of the police officers in the Rodney King beating was set in Simi Valley; the general population being extremely conservative and too many, racist. Modern professionals trained in jury selection based on social psychology findings are known in today's industry as…
Works Cited
Cleary, Audrey. "Scientific Jury Selection: History, Practice, and Controversy."
Villanova University. 2005. Retrieved on November 27, 2007 at http://www.publications.villanova.edu/concept/2005/jury_selection.pdf
Hughes, Brian. "Psychology in Court: An Overview." Retrieved on November 27, 2007 at: http://nuigalway.ie/law/GSLR/1998/art2.html
Liner, Douglass. "O. J. Simpson Trial." Pittsburgh University. Retrieved on November 27, 2007 at http://jurist.law.pitt.edu/trials10.htm
uffalo Creek Case centered around a dam that collapsed on February 26, 1972. The catastrophe was huge, as the dam collapsed and disappeared in a matter of minutes with no warning. The result was that 125 people were killed, and hundreds of individuals in the area were injured and left without residences. Many of the residences had had enough time to race to the hillside above the valley were the dam lay in order to survive the catastrophe and escape devastating injury, many people not only lost their homes, but also everything they owned. The communities surrounding the dam were totally wiped out (Smith 2004).
The coal company that owned this dam began to settle claims, but the claims were relatively small in comparison with the actual loss most of the people underwent. Therefore, the residents approached Arnold & Porter for help, a company that had recently helped win a…
Bibliography
Arnold and Porter Publications. 2002. "The Buffalo Creek Case." The Journal of Lawyers and Law: 453-479. In Lexis Nexus [database online]. 24 May 2011.
Smith, Bernard. 2004. "Analysis of Psycholocial Claims in Law. The Journal of Lawyers and Law: 43-49. In Lexis Nexus [database online]. 24 May 2011.
Landmark Legal Cases, Informed Consent:
Implications for the Counseling Field
Many seek counseling each year and do not understand what services are offered, or even that the counselor they see is required by law to maintain the confidentiality of the conversation that the two of them are going to have. These issues have been clouding in the past and have led to many court cases that have helped counselors in every state outline exactly what is required of the document. The American Counseling Association (ACA), and the associations of the different states, have specific ethical guidelines which require members to provide new clients with an informed consent document to sign. State and federal legal cases have shown the need for a document which spells out what the counseling services of a particular practice are, what confidentiality is, and oftentimes how the counseling services will be paid (Walsh & Dasenbrook, 2005).…
References
American Counseling Association. (2005). Code of Ethics. Alexandria, VA: Author.
Bussey, G.D. (1995). Informed consent: Its legal history and impact on medicine. Hawaii Journal of Medicine, 54(4). 469-471.
Walsh, R.J., & Dasenbrook, N.C. (2005). Implementing informed consent. ACA.
Wilder. J. (2000). The ethical question -- informed consent. Medscape Today. http://www.medscape.com/viewarticle/414664_2
Ethics, Law Case, Critical Thinking
Title VII of the Civil ights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that egalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just so that he could either keep his job or have it reinstated. etaliations claims require inclusion in Title VII of this act to keep employers honest in their dealings with their employees. Thompson was not part of the lawsuit that egalado was formulating (Your textbook, p. 415), yet he was fired as a means of retaliating against her for producing a law suit against the company. Without the inclusion of retaliation claims, Thompson would have unfairly lost a job.…
References
FindLaw. (2014). Annotation 28 -- Article 1. http://constitution.findlaw.com / Retrieved from
court ruling 'Two Views on Court's Ruling" (2003) presents the differing opinions of legal analysts Douglas W. Kmiec and Alan Hirsh regarding the Massachusetts Supreme Court decision to extend the legal definition of marriage to include homosexual couples. In the section entitled "Judges overstepped role," Kmiec argues that the Massachusetts ruling "tears at the institution of family upon which all else depends." In spite of his being a constitutional law professor at Pepperdine, Kmiec's position is based on opinion and a spurious morality, not on legal fact and precedent. Kmiec also argues that the decision was wrong because it was made by "judges who assume they are wiser than their fellow citizens." Hirsh, however, finds that "legally speaking, the decision in this case is in fact conservative." In his piece "Ruling is conservative," Hirsh anticipates arguments like those of Kmiec, referring to Marbury vs. Madison to note that the Massachusetts…
Fourth Amendment and Court Jurisdiction
Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. eferring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).
For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent…
References
Cornell Law. (1971). U.S. v. U.S. District Court. Retrieved August 6, 2011 from http://www. law. cornell. edu/supct/html/historics/USSC_CR_0407_0297_ZO. html
LectLaw Library. (2011). Fourth Amendment U.S. Constitution. Retrieved August 6,
2011 from http://www. lectlaw. com/def/f081. htm
U.S. Legal. (2011). Writ of Certiorari. Retrieved August 6, 2011 from http://www. lectlaw. com/articles/at0037. htm