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T C Memo 2010-54 Court Decision
Words: 548 Length: 2 Pages Document Type: Research Paper Paper #: 871757
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T.C. Memo 2010-54: The court decision located at T.C. Memo 2010-54 is that of David J. And Letitia B. Crawford v. Commissioner of Internal evenue, appearing as the petitioners and respondent respectively.

The Court that Heard the Case: The United States Tax Court. This particular court according to aabe, Whittenburg, Sanders, Sawyers, and Gill (2011) hears and determines Federal tax cases. In the words of the authors, "its jurisdiction is limited to cases concerning the various Internal evenue Codes and evenue Acts that were adopted after February 26, 1926" (aabe et al., 2011, p. 156).

The Judge(s): B.L. Garber

Case Decided on: March 22, 2010

Issues Involved:

The respondent in this case discovered a deficiency of $2, 230 in the Federal income tax of the petitioners for the year 2006 (U.S. Tax Court, 2010). As the court further points out, the deficiency was, essentially, "attributable to the respondent's disallowance of…

References

Raabe, W., Whittenburg, G., Sanders, D., Sawyers, R., & Gill, S. (2011). Federal Tax Research (9th ed.). Mason, OH: Cengage Learning.

United States Tax Court. (2010). David J. And Letitia B. Crawford Petitioners v. Commissioner of Internal Revenue, Respondent. Retrieved from  http://www.ustaxcourt.gov/InOpHistoric/craw3ford.TCM.WPD.pdf

Supreme Courts Decisions Regargding the
Words: 653 Length: 2 Pages Document Type: Essay Paper #: 3617035
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Components of this act that have been targeted towards advanced nursing practitioners include a lifting of the limits for how much money can be spent on doctoral programs for nurses (No author, 2011). Most advanced practice nurses have a master's degree; the removal of the cap for funding for doctoral programs will almost certainly allow these professionals to complete more doctoral degrees, increase their breadth of knowledge, and provide better service for patients and assistance to health care professionals.

The Affordable Care Act will indirectly affect physicians by providing them an influx of trained nursing professionals, many of whom will have increased responsibilities due to the aforementioned changes regarding loans and the pursuit of advanced degree. The uniformity of the health care coverage provided by this act will lower the burden of uncompensated care on the part of doctors (No author, 2012), who can rest assured that there will be…

References

HRSA Press Office. (2011). "News Release." U.S. Department of Health and Human Services.

No author. (2012). "Health Care Providers and the Affordable Care Act." HealthCare.gov. Retrieved from  http://www.healthcare.gov/news/factsheets/2010/07/health-care-providers.html 

No author. (2011). "Health care reform law begins to have effect on nursing." www.rwf.org. Retrieved from  http://www.rwjf.org/content/rwjf/en/about-rwjf/newsroom/newsroom-content/2011/03/health-care-reform-law-begins-to-have-effect-on-nursing.html

United States Supreme Court Decision
Words: 2079 Length: 6 Pages Document Type: Term Paper Paper #: 23442236
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However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventions. hile there is tremendous evidence of Panetti's deteriorated mental state, there is very little evidence to support Panetti's assertions that he was insane at the time of the murders. Though there are serious questions regarding Panetti's competency to stand trial, much less his competency to represent himself in that trial, there simply does not appear to be any evidence that he was insane at the time of the murders. Panetti engaged in preparations that were rationally aimed at accomplishing the murder of his in-laws, but was able to refrain from killing his wife and child. In addition, he engaged in a stand-off with police that resulted in him escaping the stand-off without being killed and…

Woodson v. North Carolina, 428 U.S. 280, 322 (1976).

Woodson v. North Carolina, 428 U.S. 280, 299 (1976).

Ford v. Wainwright, 477 U.S. 399, 409-10 (1986).

U S v Alvarez-Machain 1992 Supreme Court Decision
Words: 702 Length: 2 Pages Document Type: Term Paper Paper #: 79221961
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U.S. v. Alvarez-Machain (1992) Supreme Court Decision

Supreme Court decision in U.S. v. Alvarez-Machain (1992) that "forcible abduction of a foreign national does not prohibit his trial in a U.S. Court" dealt a body blow to international law, the implications of which are still being felt. Small wonder, therefore, that the Court's majority (6-3) decision was considered unjust by international human rights organizations and even by three of Supreme Court's own judges, led by Justice Stevens, who dissented strongly. I agree with Judge Steven's dissenting opinion for the reasons explained in this essay.

Strange Logic:

As pointed out by Justice Stevens in his dissenting opinion, allowing kidnapping of people from the territory of a foreign country, just because there is no express provision disallowing such an act in a treaty, is strange logic. By an extension of this logic every act, whether legal or illegal, moral or immoral, not mentioned…

Works Cited

"ACLU Joins Landmark International Human Rights Cases Before the U.S. Supreme Court." ACLU Website. March 29, 2004. June 10, 2005.  http://www.aclu.org/court/court.cfm?ID=15326& ; c=261

'United States v. Alvarez-Machain, 504 U.S. 655 (1992) in the U.S. Supreme Court" FindLaw Website. 1992. June 10, 2005.  http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us& ; vol=504& invol=655

Chief Justice Rehnquist delivered the opinion of the Court, in which Justices White, Scalia, Kennedy, Souter, and Thomas, joined. Justice Stevens filed a dissenting opinion, in which Justices Blackmun and O'connor, joined.

Decisions of Rehnquist & Warren the Field
Words: 2798 Length: 8 Pages Document Type: Essay Paper #: 98355510
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Decisions of ehnquist & Warren

The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone major transformations as a result of the decisions of the last three courts, the Warren, Burger and ehnquist courts. These three courts have changed the legal landscape in the cases involving criminal procedure and, in the process; have created a great deal of controversy (Bloom, 2010).

The application of the Bill or ights to the states has been an acrimonious issue in the U.S. Supreme Court for a number of years. It all began when the Warren Court began applying the Fourth, Fifth, and Sixth Amendments directly against the states, under a doctrine that became to be known as selective incorporation. The Warren Court used the selective incorporation method…

References

Arizona v. Evans, 514 U.S. 1 (U.S. Supreme Court March 1, 1995).

Atwater v. City of Lago Vista, 532 U.S. 318 (U.S. Supreme Court April 24, 2001).

Bloom, R.M. (2010). Cases on Criminal Procedure. Riverwoods, IL: CCH .

California v. Minjares, 443 U.S. 916 (U.S. Supreme Court August 22, 1979).

Court Services Management
Words: 1436 Length: 5 Pages Document Type: Essay Paper #: 1528913
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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.

Court System the Basic Structure of the
Words: 1077 Length: 3 Pages Document Type: Essay Paper #: 49162879
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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.

Decisions by School Superintendents Improper Attitude and
Words: 7657 Length: 24 Pages Document Type: Term Paper Paper #: 31703614
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Decisions by School Superintendents

Improper Attitude and Unprofessional Conduct of Teachers

To educate a person in mind and not in morals is to educate a menace to society - President Theodore oosevelt.

That teaching is at one and the same time an intellectual as well as a moral endeavor, is an idea that is well entrenched in the minds of men since centuries past. The sayings of great teachers of ancient times bear ample testimony to this premise, which continues to hold sway across nations and vastly differing civilizations over the years.

In the sense that it takes care of the general well being of young students entrusted to the care of an educational institution and ensures that they are treated fairly and accorded the respect they are due as persons, teaching is most certainly a moral activity. It is concerned with building and maintaining relationships of trust with pupils…

References

Anderson, D.S., & Biddle, B.J. (Eds.) (1991). Knowledge for Policy: Improving Education through Research. New York: The Falmer Press.

Ave, M. (2002, April 24). Jesuit High teacher fired amid misconduct claim. Retrieved December 19, 2002 at  http://www.sptimes.com/2002/04/24/TampaBay/Jesuit_High_teacher_f.shtml .

Barth, R.S. (1990). Improving schools from within. San Francisco: Jossey-Bass Publishers.

Benson, P. (1997). All Kids Are Our Kids: What Communities Must Do To Raise Caring and Responsible Children and Adolescents. San Francisco: Jossey-Bass.

Decision -- S & Marper vs United
Words: 1498 Length: 5 Pages Document Type: Essay Paper #: 69121656
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DECISION -- S & MAPE vs. UNITED KINGDOM

The cases of S & Marper v United Kingdom involved the claims of two individuals that their rights had been violated by the retention of their fingerprints and identifying DNA material by police after their exoneration from the criminal charges against them. The bases of their claim was that: (1) Section 1 of Article 8 of the European Convention on Human ights (ECH) guarantees that "Everyone has the right to respect for his private and family life, his home and his correspondence" and that Section 2 of Article 8 prohibits any "interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the…

Reference

The Economist (December 4, 2008). DNA and human rights -- "Throw it out: A court decision limits the scope of police DNA databases." Accessed online:

 http://www.economist.com/node/12726053?story_id=12726053

Court Case Review In Re Winship
Words: 375 Length: 2 Pages Document Type: Essay Paper #: 30021510
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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…

Court System
Words: 1145 Length: 3 Pages Document Type: Essay Paper #: 64685177
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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 best coping technique is instituting a system characterized by power separation. Accountability may be attained within the domain of administrative rulemaking by means of various institutional plans and practices. One may perceive bureaucratic accountability to be a classic agent-principal issue. Governmental cabinets, rather than parliaments, form the main bureaucratic controllers, being ideally positioned, owing to their central location in administration as well as legislative politics, to guarantee that implementation will be governed by the very political agenda that drives lawmaking. Ministerial workers are answerable, via a hierarchical command chain, to the Prime Minister, other ministers, the cabinet, and a coalition or the majority party. Thus, whilst drafting regulations, the very politicians responsible…

Courts and Protecting Speech
Words: 669 Length: 2 Pages Document Type: Essay Paper #: 46698462
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Freedom of Speech

The Brandenburg Case

The central holding in the Brandenburg case is the debate about whether suppressing hate speech or speeches that have the potential to incite violence is, in fact, violates the guarantee to freedom of speech as given by the First Amendment of the U.S. constitution. In the case of Brandenburg, while the state of Ohio declared him to have incited potential violence through his speech that he made on TV and sentenced him to 1-10-year prison and a fine, the Supreme Court of the U.S. overturned the verdict and found Brandenburg not guilty and opined that the Ohio state had violated Brandenburg's right to free speech. The supreme court noted: "Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action…

Courting Disaster This Study Reviews Pat Robertson's
Words: 2315 Length: 6 Pages Document Type: Book Review Paper #: 64275769
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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 Services Management
Words: 1519 Length: 5 Pages Document Type: Essay Paper #: 86848592
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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 Response Reviews
Words: 1272 Length: 4 Pages Document Type: Book Review Paper #: 82285371
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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 System Understanding the Court
Words: 1058 Length: 4 Pages Document Type: Term Paper Paper #: 21481932
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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.

Court Briefs - 7 Different
Words: 1075 Length: 4 Pages Document Type: Term Paper Paper #: 89470982
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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 Opinion United States v
Words: 1054 Length: 4 Pages Document Type: Thesis Paper #: 68000698
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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

Decision-Making Is One of the
Words: 4930 Length: 17 Pages Document Type: Research Proposal Paper #: 7272903
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" To that end, the Treasury Department would limit executive compensation for institutions receiving "exceptional assistance" (Geithner and Summers, 2009).

Troubles continued in the financial sector -- both Citigroup and the Bank of America needed second rounds of capital infusions, and federal guarantees against losses totaling tens of billions more -- while Ben S. Bernanke, the Federal Reserve chairman, warned that more capital injections might be needed to further stabilize the financial system. On Jan. 16, the Senate voted 52-42 to release the second round of funds (Gerth, 2009).

THE GEITHNER PLANS -on Feb. 10, Mr. Geither presented the rough outlines of the Obama administration's plan. A central piece of the proposal would create one or more so-called bad banks that would rely on taxpayer and private money to purchase and hold banks' bad assets. Another centerpiece of the plan would stretch the last $350 billion that the Treasury has…

Superior Court in Business Law One of
Words: 1405 Length: 4 Pages Document Type: Essay Paper #: 96500274
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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/

Supreme Courts 1966 Miranda Ruling Legalities and Issues
Words: 1211 Length: 4 Pages Document Type: Article Review Paper #: 95108937
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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.

How Same-Sex Marriage Decision of Supreme Court Has Impacted Lives
Words: 3969 Length: 12 Pages Document Type: Research Paper Paper #: 91530495
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United States Supreme Court ruling on same sex marriage. The paper also examines how that decision impacted management policy decisions in terms of public safety administration. An examination of the ruling's overall impact on public policy is also given. eactions on the ruling are given in the end.

Background knowledge on same sex marriage

For the majority of Americans, the matter of same sex marriage may have first come to their knowledge when it burst into the political limelight in late 2003. At this time, Massachusetts' highest court ruled that the state had no authority or grounds on which to deny lesbian and gay couples the right to marriage. In the next few months after the ruling in the state same sex marriage ceremonies were conducted in many counties and cities across the United States (U.S.) including mass weddings in the city of San Francisco. This brought a lot of…

References

Archibald, C. (2014). Is Full Marriage Equality for Same-Sex Couples Next? The Immediate and Future Impact of the Supreme Court's Decisions in United States v. Windsor. Valparaiso University Law Review, 48(3), 695-713. Retrieved, from  http://scholar.valpo.edu/cgi/viewcontent.cgi?article=2341&context=vu 

Brewer, P., & Wilcox, C. (2005). Same-Sex Marriage and Civil Unions. Public Opinion Quarterly, 69(4), 599-616. Retrieved, from  http://poq.oxfordjournals.org/content/69/4/599 

Bruggeman, K. (2015, June 26). NationalJournal.com. Watch These Two GOP Presidential Candidates After the Supreme Court's Gay Marriage Decision - NationalJournal.com. Retrieved August 22, 2015, from  http://www.nationaljournal.com/2016-elections/supreme-court-gay-marriage-republican-presidential-jindal-kasich-20150625 

Flores, A. (2015). Examining Variation in Surveying Attitudes on Same-Sex Marriage: A Meta-Analysis. Public Opinion Quarterly, 79(2), 580-593. Retrieved, from  http://poq.oxfordjournals.org/content/79/2/580.abstract

Dual Court System in the
Words: 4296 Length: 10 Pages Document Type: Term Paper Paper #: 97507521
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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)

US Court and Supreme
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U.S. And Supreme Court

Contrast the U.S. Circuit Courts with the U.S. Supreme Court in terms of their authority to strike down an act of congress or of the states?

The United State Supreme Court is the highest judicial body of the U.S. The Circuit Courts on the other hand are the intermediate courts which make rulings before an issue reaches the Supreme Court. There are nine circuits which divide the country. Each state belongs to one of those nine circuits.

hereas the United States Supreme Court has the ability to review any law brought before them, the circuits can only review laws which affect the states under their jurisdiction. A circuit court may rule a law unconstitutional-based either on the constitution of the state or based on the national constitution. Both bodies have the ability to review any legislation created to check its lawfulness.

However, a decision made by…

Works Cited:

"Roe v. Wade" (1972). 410 U.S. 113.

Canadian Supreme Court 1990 Decision
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Let such programs fund themselves through private charitable contributions. If they're justified they'll survive.

Laws and policies should be reformed so they protect all the rights and due process for both men and women equally.

In concluding, justice and fairness can only be attained and preserved where we rely on the judgment of people as jurors. hen we subtly suggest that they defer to expertise in human behavior for a judgment we're in for trouble.

A great deal of propaganda can be created these days to force people to think in a way they normally - and healthfully -- wouldn't. The abuse syndrome defense has gone beyond fairness. It's acceptance has triggered an enormous amount of unfairness in society -- aside from what the propanganda would have you know.

orks Cited

Bartholomew, K., Regan, K.V., Oram, D., & hite, M.A. (2008). Correlates of Partner Abuse in Male Same-sex Relationships. Violence…

Works Cited

Bartholomew, K., Regan, K.V., Oram, D., & White, M.A. (2008). Correlates of Partner Abuse in Male Same-sex Relationships. Violence and Victims, 23(3), 344+. Retrieved April 3, 2010, from Questia database:  http://www.questia.com/PM.qst?a=o&d=5035306243 

Brady, B.M. (2000). America in Crisis: Mind Control/ritual Trauma/battered Woman Syndrome and Family Violence. Journal of Family and Consumer Sciences, 92(5), 17+. Retrieved March 30, 2010, from Questia database:  http://www.questia.com/PM.qst?a=o&d=5035443839 

Goldberg, K. (1993, Winter). Battered Women Syndrome: the Imperfect Defense. Herizons, 6, 7+. Retrieved March 30, 2010, from Questia database:  http://www.questia.com/PM.qst?a=o&d=5036658951 

Schuller, R.A., Wells, E., Rzepa, S., & Klippenstine, M.A. (2004). Rethinking Battered Woman Syndrome Evidence: the Impact of Alternative Forms of Expert Testimony on Mock Jurors' Decisions. Canadian Journal of Behavioural Science, 36(2), 127+. Retrieved March 30, 2010, from Questia database:  http://www.questia.com/PM.qst?a=o&d=5035492407

International Court of Justice the Action of
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International Court of Justice

The action of international states as actors has precipitated the need to have measures that can function beyond the limits of a single country. The action of states in their relationships with other states at times requires external intervention for the resolution of problems. Laws and treaties that govern the relationship between states as it relates to maritime sovereignty and other issues may be breached and a mechanism is required to address this breech without military action. This scenario requires that an international body that can function as a neutral arbiter between states. The International Court of Justice provides such a facility to the international community.

The International Court of Justice (ICJ) is also known as the world court. It is the main judicial arm of the United Nations. The ICJ was not the first world court as it replaced the Permanent Court of International Justice.…

References

Germain's International Court of Justice Research Guide. (2010). Retrieved from http://library.lawschool.cornell.edu/WhatWeDo/ResearchGuides/ICJ.cfm

Posner, E.A. & de Figueiredo, M.F.P. (2005) Is the International Court of Justice

Biased? The Journal of Legal Studies 34(2): 599-630.

The international court of justice. (2010) Retrieved from http://www.icj-

Supreme Court's Recent Decision to Ban the
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Supreme Court's recent decision to ban the execution of mentally challenged individuals raises important ethical issues. Judges must be able to determine if a person is indeed mentally challenged. hile the legal system and psychology have made important insights into this issue, there is still some inconsistency in the definition and application of mental retardation in the judicial system. Accordingly, an analysis of the ethical principles underlying the issue is useful. Ultimately, a combination of both deontological and teleological approaches may provide the best ethical guidelines for such a complex issue.

The ethical factors involved in handing down any death sentence are complex. This is especially true when the accused is a mentally challenged individual. In the American criminal justice system, the court must be assured that an accused individual is fully responsible for their actions in order to hold responsible for their crime. In other words, in order to…

Works Cited

American Association on Mental Retardation. Fact Sheet: THE DEATH PENALTY. 11 October 2002.  http://www.aamr.org/Policies/faq_death_penalty.shtml 

Aristotle. Nicomachean ethics: edited with a commentary by G. Ramsauer. New York: Garland, 1987.

Blackburn, Simon. Title: Think: a compelling introduction to philosophy.

Oxford; New York: Oxford University Press, 1999.

Minor's Constitutional Rights Courts Have Recognized Some
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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 .

Criminal Policy of Drug Court
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Drug Courts: A Program to Reinvent Justice for Addicts

For the past several decades, drug use has had an overwhelming effect upon the American justice system, with drug and drug-related crime being the most common offense in almost every community (Drug Strategies, 1996). eyond the troubling ability of these problems to fill prisons to capacity, the traditional judicial system seemed to have no deterrent effect on these crimes (Drug and Crime Facts, 1994). A disturbing "revolving door" pattern had emerged, with drug offenders moving through the system in a predictable pattern of arrest, prosecution, conviction, incarceration, and release. In a few weeks, sometimes only a few days, the same person was back in the system again, arrested for drug possession or a drug-related crime (National Association of Drug Court Professionals [NADCP], 1997). A particularly difficult problem faced by the system was the growing use of crack cocaine in the 1980s…

Bibliography

Bean, Philip. (1996, October). "America's Drug Courts: A New Development in Criminal Justice." Criminal Law Review. 720-740.

A scholarly review of the American drug court by a British attorney.

Brumbaugh, Alex. (1994) "Why Drug Courts Work." 3 Dec. 2002. http://www.silcom.com/~alexb/drugcrts.htm

Discussion of the various counseling techniques available to drug court clients, with an emphasis on acupuncture.

how'supreme court justices are appointed
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Clause 2 of the United States Constitution outlines the process whereby the President of the United States is entrusted with the responsibility of selecting the Supreme Court Justices: "The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States." Because unlike other public servants, Supreme Court Justices serve for life, their appointments need to be considered carefully. The general public cannot be trusted to make decisions this important with proper care and consideration. The most recent election of Donald Trump further proves this to be the case. Even though presidential appointments are problematic in their own way, they still remain the best solution to protect the system of checks and balances.

The recent fiasco with the opposition government stymying the President's Supreme Court nominees shows that…

Constitution the Court and Race
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However, the doctrine of "states' rights," also stemming from the Constitution, encouraged the southern states to believe that they could deal with their Negro residents as they chose, as only slavery had been specifically banned. They began imposing more and more restrictive rules on their lack residents. The Ku Klux Klan formed after the federally managed "Reconstruction" ended. The KKK terrorized lacks who violated the views of the local Whites regarding how lacks should behave and conduct themselves.

At the end of the 19th century, in the ruling Plessy vs. Ferguson (p. 133), the Supreme Court ruled that a court ruling could not force equality if one race were inferior to the other, and refused to reverse segregation rules. This ruling justified all sorts of horrific practices, including segregated schools, which were separate but often not equal. Typically these schools did not have libraries, and typically the textbooks were outdated…

Bibliography

PBS, no date. "Dredd Scott case: The Supreme Court Decision, in Judgment Day. Accessed via the Internet 12/1/04.  http://www.pbs.org/wgbh/aia/part4/4h2933.html 

Russell, Thomas D.. 2003. "Slavery Under the Constitution," in American Legal History -- Russell. University of Denver College of Law. Accessed via the Internet 12/1/04.  http://www.law.du.edu/russell/lh/alh/docs/slaverycon.html

Criminals Face Court Every Single Day in
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Criminals face court every, single day in all fifty states for a variety of crimes. Some are mentally disabled, some suffer from acute or chronic mental illness, and some are of sound body and mind. In order to differentiate which person if fit for trial, the Legal Standards for Competency are used in order to avoid any added difficulties during the trial. The questions however is, are these standards helpful in differentiating between the "fit" and the "unfit"?

"The legal construct of competency to stand trial requires that a defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and a rational as well as factual understanding of the legal proceedings" (Jamieson, 2009, p. 67). This quote, derived from Jamieson, explains how competency is determined for criminals on trial. However, there's a lot of room in this definition for error. Some people on…

References

Bartol, C.R., & Bartol, A.M. (2012). Introduction to forensic psychology: research and application (3rd ed.). Thousand Oaks, Calif.: Sage Publications.

Golding, S.L., Roesch, R., & Schreiber, J. (1984). Assessment and conceptualization of competency to stand trial: Preliminary data on the Interdisciplinary Fitness Interview.. Law and Human Behavior, 8(3-4), 321-334.

Heller, M., Traylor, W., Ehrlich, S., & Lester, D. (1981). Intelligence, Psychosis, and Competency to Stand Trial . Bulletin of the AAPL, 9(4), 267.

Hubbard, K.L., & Zapf, P.A. (2003). The Role of Demographic, Criminal, and Psychiatric Variables in Examiners' Predictions of Restorability to Competency to Stand Trial. International Journal of Forensic Mental Health, 2(2), 145-155.

Two Views on Court's Ruling
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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…

Changes in Supreme Court Philosophies
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Supreme Court Chief Justices Warren and ehnquist

Compare and contrast approaches to criminal procedures by U.S. Supreme Courts:

The Warren vs. The ehnquist Court

A common philosophical debate within the legal community is when the approach advocated by so-called 'conservative' justices (often called strict constructionism) is pitted against more 'liberal' and freer interpretations of constitutional words and history. Throughout much of the 20th century, it was often said that the more liberal interpreters of the Constitution were 'winning the war' in regards to this issue, thanks to the presiding intelligence of Chief Justice Earl Warren. "Following his appointment in 1953 Chief Justice Earl Warren led the Court into a series of decisions that drastically affected sexual freedom, the rights of criminals, the practice of religion, civil rights, and the structure of political representation. The decisions of the Warren Court reflected its deep concern for the individual, no matter how lowly"…

References

Byellin, J. (2013). John G. Roberts: Conservative yet apolitical consensus building chief justice.

Legal Solutions. Retrieved from:

 http://blog.legalsolutions.thomsonreuters.com/top-legal-news/john-g-roberts-conservative-yet-apolitical-consensus-building-chief-justice/ 

Liptak, A. (2012). Supreme Court upholds healthcare law 5-4, in a victory for Obama.

Equal Protection the Supreme Court
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The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded as an inferior and subject race would, when suddenly raised to the rank of citizenship, be looked upon with jealousy and positive dislike, and that State laws might be enacted or enforced to perpetuate the distinctions that had before existed. Discriminations against them had been habitual.

100 U.S. 303, 306).

Furthermore, while the Court's decision was based on Strauder's right to an impartial jury, the Court believed that all-white juries were discriminatory against the potential jury pool. It held that:

The…

References

Bolling v. Sharpe, 347 U.S. 497 (1954).

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954).

Civil Rights Act of 1875, 18 Stat. Part III, p. 335 (Act of Mar. 1, 1875).

Gratz v. Bollinger, 539 U.S. 244 (2003).

U S Court of Appeals the
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In light of the three different appellate courts decisions, the U.S. Supreme Court elected to hear the case against President Obama's healthcare legislation. hile the most recent decision found in favor of the constitutionality of the law, "the Supreme Court agreed to hear appeals from just one decision, from the United States Court of Appeals for the 11th Circuit, in Atlanta, the only one so far striking down the mandate" (Liptak 2011).

Although the U.S. Supreme Court is the final court of appeal, the fact that it has only recently stepped in to rule upon the healthcare legislation shows the breadth of authority that lies in the hands of federal appellate courts. The U.S. Supreme Court, depending on its composition, has specifically selected certain kinds and types of federal court decisions to review to shape the law of the land -- during the New Deal, its focus was upon economic…

Works Cited

"Courts of Appeals." U.S. Courts. [16 Nov 2011]

 http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/CourtofAppeals.aspx 

"Judicial review." The Concise Oxford Dictionary of Politics. Oxford University Press, 1996,

2003. Answers.com 16 Nov. 2011.  http://www.answers.com/topic/judicial-review

U S Supreme Court Was Created
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During the 70's and 80's some of these opportunities were eliminated by the actions of the Burger and Rehnquist courts but habeas corpus actions remain a major problem for both systems and our a source of much acrimony. In 1996, Congress amended the federal habeas corpus statute in order to provide some clarification as to how habeas corpus was to be applied and interpreted nationwide.

XI. The Eleventh Amendment and State Sovereign Immunity

Litigation occurring under the 11th Amendment attempts to reconcile two competing ideas: 1) state sovereign immunity which assumes that a state is immune from suit unless it consents to be sued, and 2) the power of the federal government that assumes that the states are subsidiary sovereigns to the federal system. Interpretations of the 11th Amendment have varied throughout the history of decisions on said issue but, presently, are a bar to unconsented suits by private citizens…

Kirk v Industrial Court Analysis
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Occupational Health Law Analysis

Occupational safety would seem to be simple to many but it is actually a quite complex subject and takes on many forms and levels of responsibility. Indeed, both the employees and employer alike have their burdens to meet in terms of preparation, procurement and safety of resources and when they must or must act in a certain way so as to uphold the security and safety of everyone in the company with people directly in harm's way being the ones that must be protected the most vigilantly. This report focuses in large part on an occupational health and safety legal case, that being Kirk v, Industrial elations Commission of New South Wales (NSW). While employees bear a strong burden to protect themselves as well as others in the workplace, there are several dimensions that ultimately fall on the employer without fail at some level or another…

References

Foster, N. (2010). General risks or specific measures? The High Court decision in Kirk.

Australian Journal of Labour Law, 23(3), pp.230-239.

Kirk v. Industrial Relations Commission of New South Wales. (2014). Bourke's Criminal

Law News Victoria, 10(2), pp.1-10.

Fourth Amendment and Court Jurisdiction Based on
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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

Death Penalty and Minors Recent Supreme Court Finding
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death penalty and minors - recent Supreme Court finding

Death Penalty was extensively applied in the olden times across the world. The modern crusade for banning of capital punishment started in the 18th century with the writings of Montesquieu and also Voltaire. Some of the nations which took a lead in abolishing capital punishment are Venezuela in 1863, San Marino in 1865 and Costa ica in 1877. Presently, more than 50% of the countries of the world have abolished the death penalty either by way of legal enactment or practice. The U.S. Supreme Court quashed state death penalty laws. But again in 1976, the Court restored the death penalty following the espousal of new procedures. Since 1982 till 1999, 250 to 350 persons were sentenced to death every year, however, in the last three years; the number of death sentences has come down remarkably. Among the 50 states, 13 states…

References

"Death Penalty" News Batch. (March, 2005)  http://www.newsbatch.com/deathpenalty.htm  Accessed on 16 May, 2005

"Emerging National Consensus on the Juvenile Death Penalty." (1 March, 2005)  http://www.deathpenaltyinfo.org/article.php?did=205& ; scid=27 Accessed on 16 May, 2005

Lobe, Jim (10 March, 2005) "Supreme Court bans death penalty for minors."  http://www.finalcall.com/artman/publish/article_1842.shtml  Accessed on 16 May, 2005

'Roper v. Simmons, No. 03-633: DPIC Summary." Retrieved from  http://www.deathpenaltyinfo.org/article.php?scid=38& ; did=885 Accessed on 16 May, 2005

Legal Issues Examples of Construction Related Cases Tried in Courts
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Construction Cases

Thousand Oaks vs. Amelco Electric

Broward County Vs. Great American Insurance

Great Monument Vs. Pinellas County

Pasco County School Board vs. Norwood Co

Cho Dae Presbyterian Church vs. Norwood County Zoning Board

Lafayette ealty vs. City of Hawthorne

City of Hackesack vs. Bergen County

Construction Cases

City of Thousand Oaks vs. Amelco Electric

Amelco Electric was awarded a contract by the city of Thousand Oaks' to construct the electric portion of the Civic Arts Plaza project. The contract was worth over 6.1 Million Dollars. City representatives paid Amelco $1,009,728 extra to make changes. Amelco committed a faux paus when it failed to utilize the additional funds towards making the new changes as stated. They also claimed that it was difficult to verify the problems as it was impossible. Amelco claimed damages as they believed that the changes were a betrayal of their contract. The management pressed for lost…

References

Public Construction Law, Cheri De Love, 2003 ( http://www.publiconstructionlaw.com/Cases.htm#PERFORMANCE%20SURETY%20OFFER )

Great Monument Construction vs. Pinellas County (Carlos Moncada, The Tampa Tribune, 2003)

Cho Dae Presbyterian Church vs. Zoning Board, Norwood County, (Adam Geller, 2000; Publication: The Record (Bergen County, NJ)

City of Hawthorne vs. Bergen County (Hugh R. Morley, The Record,1995)

Supreme Court and Merrick Garland
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counter-majoritarian difficulty is what some refer to as the most well-known issue in constitutional theory. A phrase created by Alexander Bickel, the Yale Professor introduced it in his book titled The Least Dangerous Branch: The Supreme Court at the Bar of Politics. Although it is not certain what Bickel meant by making that phrase, it grew to have a life of its own. Essentially now it means when unelected judges nullify the actions of legislators/electedexcutives through utilization of the power of judicial review, acting contrary to the will of the majority as conveyed by representative institutions.

Those that consider democratic majoritarianism of great political value may see this aspect of judicial review as challenging. However, in the days when civil rights were nonexistent and people were having their personal rights violated, this aspect of judicial review provided the push to change laws, and inevitably, change society. Therefore, a majority of…

References

Baum, L. (2016). The Supreme Court (12th ed.). SAGE/CQ Press.

Kraft, M. & Furlong, S. (2012). Public Policy: Politics, Analysis, and Alternatives, 4th Edition (4th ed.). CQ Press.

Rosenbloom, D. & O'Leary, R. (1997). Public administration and law. New York: M. Dekker.

Rosenbloom, D., O'Leary, R., & Chanin, J. (2010). Public administration and law. BocaRaton, Fla.: CRC Press.

Custom Research Cousteau's Decision to
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hile it can be argued that auditors bear a degree of responsibility to evaluate management practices, Cousteau clearly took the view that on the whole the financial statements did accurately reflect the firm's circumstances; that the fraud did not constitute a widespread attempt to deceive the markets. Thus, evidence of fraud does not in and of itself render financial statements materially misleading. The nature and dollar amount of the fraud must also be taken into consideration, all within the context of the totality of publicly available information about the firm.

orks Cited:

Braun, K. (2001). The Disposition of Audit-Detected Misstatements: An Examination of Risk and Reward Factors and Aggregation Effects. Contemporary Accounting Research. Vol 18, No. 1 (Spring 2001), pp.71-99.

Shunglu, V.K. (1998). Role of the Auditor in Promoting Good Governance. International Journal of Government Accounting. Retrieved September 7, 2009 from http://findarticles.com/p/articles/mi_qa3662/is_199804/ai_n8794931/

Babu, T.R.R. (2004). Audit Materiality. Oxford University. Retrieved…

Works Cited:

Braun, K. (2001). The Disposition of Audit-Detected Misstatements: An Examination of Risk and Reward Factors and Aggregation Effects. Contemporary Accounting Research. Vol 18, No. 1 (Spring 2001), pp.71-99.

Shunglu, V.K. (1998). Role of the Auditor in Promoting Good Governance. International Journal of Government Accounting. Retrieved September 7, 2009 from  http://findarticles.com/p/articles/mi_qa3662/is_199804/ai_n8794931/ 

Babu, T.R.R. (2004). Audit Materiality. Oxford University. Retrieved September 7, 2009 from  http://eprints.ouls.ox.ac.uk/archive/00001060/01/AUDIT_MATERIALITY.pdf 

Sauer, R. (2007). The SEC's Materiality Standard Becoming Overly Vague and Excessively Onerous. Business Lawyer. Vol. 62, No. 2, pp 317-357.

Supreme Court the Justices of
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Tribe refers to what Ronald Dworkin says later in the book. Dworkin holds that everyone is an originalist now but that they are not seeking what the lawmakers expected but what they meant to say in their law, suggesting perhaps that they may not be writing laws as clearly as could be or that the vagaries of language often make it difficult to do so without some form of originalist mind set. Tribe points out that what both originalists and textual critics are doing is to try to determine what is intended over what is expected, meaning that a law could be written to say one thing but would have unintended consequences just the same. here Tribe differs is in the fact that he does not believe it is possible to discover which provisions are which by a close reading of the text or by legislative history. Tribe also does…

Works Cited

Brennan, William. "Construing the Constitution." 19 University of California-Davis Law Review 2 (1985).

Rehnquist, William H. The Supreme Court. New York: Vintage, 2001.

Scalia, Antonin. A Matter of Interpretation: Federal Courts and the Law. Princeton, New Jersey: Princeton University Press, 1997.

Supreme Court Sodomy Cases Rulings
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Right to Privacy and Consenting Adults: Examining the Sodomy Cases
The 1986 case of Bowers v. Hardwick represents the continued legacy of homophobia of the era. This case demonstrates how homophobia has amounted to longstanding oppression for gay people, and has continually thwarted justice from protecting them or ever serving them. Michael Hardwick was in his late 20s when he was bartending at a gay bar in Georgia. He threw a beer bottle into an outdoor trash can and was written up by the police for public drinking (Bazelon, 2012). The terms of this citation come under suspicion as its possible that the police officer who wrote the ticket was just targeting him because he knew he was gay and worked at a local gay bar. The details of this citation of extremely dubious. The police officer that wrote the wrong day on the citation, ensuring that Hardwick would not…

Dred Scott V Sanford Decision
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3. In February 1946, the U.. Treasury asked the U.. Embassy in Moscow why the oviet Union was not supporting the newly created World Bank and the International Monetary Fund. Kennan wrote the response to these questions, but included a broader base.

4. Initially, the intended audience was the American government, but when the document was published in Foreign Affairs, the audience became the academic and interested public, along with a way to get the message to the populace about the actual motives of the U...R.

5. Kennan was far from being reactionary. He left out specifics on oviet aggression, but was writing based on the actions that he actually observed after World War II, and the signals he received from his diplomatic contacts within the oviet government.

6. The Kennan document, along with the Truman Doctrine, are seen as the basic documents that established U.. foreign policy towards the…

Sources of Soviet Conduct is also known as the "X Article," written by George Kennan who was the Deputy Mission Chief in the Soviet Union between 1944-46. Kennan wrote the article as a telegram, and it was published in Foreign Affairs magazine in July 1947.

2. Kennan's analysis of the Soviet Union states that they do not see the possibility of long-term peaceful coexistence with the capitalist world. Their aim is to advance the socialist cause, and capitalism was a menace to socialism. The U.S.S.R. would continue to build up its client states, and would use controllable Marxists within the capitalistic world as its allies. Further, Soviet aggression was not really aligned with the viewpoints of the Russian people or with the economic reality of the modern world, but more in historic Russian paranoia and xenophobia.

3. In February 1946, the U.S. Treasury asked the U.S. Embassy in Moscow why the Soviet Union was not supporting the newly created World Bank and the International Monetary Fund. Kennan wrote the response to these questions, but included a broader base.

4. Initially, the intended audience was the American government, but when the document was published in Foreign Affairs, the audience became the academic and interested public, along with a way to get the message to the populace about the actual motives of the U.S.S.R.

5. Kennan was far from being reactionary. He left out specifics on Soviet aggression, but was writing based on the actions that he actually observed after World War II, and the signals he received from his diplomatic contacts within the Soviet government.

Court Proceeding Experience
Words: 1197 Length: 4 Pages Document Type: Reaction Paper Paper #: 20073508
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Court Proceedings Experience

Premise

year-old Nicholas Lindsay was charged for the murder of Officer David Crawford. esides Lindsay's own confession to the murder, there is no other evidence that he committed the murder. Lindsay made this confession at the urging and in the presence of his mother, without a lawyer present. He told the police officers that he shot David Crawford after being apprehended by Crawford.

The official police report stated that, after apprehending Lindsay, Crawford was reaching for his notepad when Lindsay pulled out his own handgun and shot him five times in the chest. Hence, Lindsay was arrested and charged for murder. The prosecution, which included the State Attorney, decided to prosecute 16-year-old Lindsay as an adult.

Lindsay was indicted on the count of Murder in the First-Degree, which is defined by Florid State law as "The unlawful killing of a human being perpetrated from a premeditated design…

Bibliography

s. 782.04(1)

s. 782.051).

Florida Supreme Court, Jury Instructions - 7.2 MURDER -- FIRST DEGREE. Available at  http://www.floridasupremecourt.org/jury_instructions/chapters/chapter7/p2c7s7.2.rtf 

"2 officers killed, man found dead after shootout inside Florida home." CNN. 2010-10-18.

Court Order Discusses When Court
Words: 650 Length: 2 Pages Document Type: Term Paper Paper #: 35775149
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At this time the court may decide to vacate the TRO or to convert it into a preliminary injunction. (Ibid.)

hat is a Court Order Used for?

A court order may be used for:

Restraining a party from changing the status quo until the decision of the court;

To provide temporary relief to an aggrieved party; or Facilitate the smooth functioning of a trial through, for example, clarification of a law typical example of an interim court order to maintain status quo is the issuance of a TRO or a Temporary Protective Order (TPO) in a case of domestic violence to prevent any further violence or threat of violence by a spouse.

Examples of providing temporary relief may occur in family law trials in which temporary child custody, rights of visitation, spousal support and/or maintenance are ordered by the court pending final judgments.

Court orders that facilitate the functioning of…

Works Cited

Court Order-Legal Definition." NOLO. 2005.February 26, 2005. http://www.nolo.com/definition.cfm/term/BAD348F5-097A-4342-A6C7B6A977528C3D

Court Order." Wikipedia the Free Encyclopedia. 2005.February 26, 2005.  http://en.wikipedia.org/wiki/Court_order 

Such as a Temporary Restraining Order (TRO) or an Injunction

The difference between Temporary Restraining Order (TRO) and Injunction is that an injunction may be temporary or permanent while TRO is always temporary; secondly, although most injunctions, like TROs are orders that restrain action by a party, some injunctions may order a party to carry out a positive act.

Court of Criminal Appeals of Texas PD-0307-09
Words: 580 Length: 2 Pages Document Type: Essay Paper #: 22063636
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court of criminal appeals of Texas, PD-0307-09 Ronald Wilson, and appellant v the State of Texas. (CCA (a), n. d.) The court of Appeals case was: 04-07-00737-CR, and was affirmed. The appeal came from the trial court: 290th District Court of the Bexar County. The case number there was 2006CR2564 and the judge was Sharon S. Macrae. (Texas Court of Criminal Appeals, 2009)

What it was basically about

The trial of the appellant was for murder and the facts of the case show that Amos Gutierrez was killed with a single gunshot. The magazine clip for a pistol was found near his body. The appellant was arrested on unrelated misdemeanor warrants. Later the appellant confessed to the shooting, and was charged with capital murder. Appellant filed motion to suppress the confession on the grounds that it was involuntary and was obtained in violation of the constitution and Texas law. The…

Court Proceeding Experience
Words: 1403 Length: 4 Pages Document Type: Reaction Paper Paper #: 70964254
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Murder Trial of Nicholas Lindsey, March 2012

Factual and Procedural Background

On the evening of February 21, 2011, Police Officer David Crawford of the St. Petersburg, Florida police department was fatally shot while investigating a report of a suspicious person or prowler in a residential neighborhood. After a 24-hour search expedition, police arrested and booked 16-year-old Nicolas Lindsey on charges of first-degree murder. Lindsey confessed to the killing in a taped statement to police shortly thereafter.[footnoteRef:-1] [-1: http://articles.cnn.com/2011-02-23/justice/florida.officer.shot_1_police-officer-fatal-shooting-petersburg-police-maj?_s=PM:CRIME]

Lindsey was arraigned in court the next day, and the judge ordered that he be held in custody without bail. A grand jury which convened the following week indicted Lindsey on first-degree murder of a police officer, whereupon the state Attorney General charged Lindsey as an adult based on the seriousness of the offense and that he was over age 14.

Jury selection began on March 19, 2012 and the jury heard…

Court Process Judicial Process and Constitutional Issues
Words: 3346 Length: 10 Pages Document Type: Essay Paper #: 83236780
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9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limited people's rights. Some examples of these limitations include restrictions on privacy, limitation of free speech and association rights, and limitation of religious freedom. While these actions were necessary to help prevent another attack, they are inappropriate since they compromise civil rights and checks and balances established in America's democracy. The federal government would have taken less drastic measures through reordering priorities of law enforcement instead of generating fundamental changes in law.

Week 5: Discussion

In the American judicial system, the Supreme Court reviews very few cases most of whom are appeals from lower courts. It should not be mandatory for the Supreme Court to review more cases despite having appellate jurisdiction. The…

Court System in Recent Times No Court
Words: 1589 Length: 5 Pages Document Type: Essay Paper #: 30901276
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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.

Court Process for the Below Mentioned Case
Words: 393 Length: 1 Pages Document Type: Term Paper Paper #: 90226612
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court process for the below mentioned case would be either litigation by judge or by jury. The facets that we are looking at include the actions of Mr. Smith and if these actions actually deserve the sentence that he received. The process would entail Mr. Smith filing a complaint. In the decision of whether or not this is a criminal or civil matter depends solely amongst the facts. In the facts provided below the court that Mr. Smith was sentenced in there is no reason for him to have been tried on a civil level considering no one was hurt. From the view of Smith -- he questions whether or not the penalties upon him were too harsh or not. Given the fact that he did come forward, to tell what had happened. A problem is that he is faced with the prosecution stating that the only reason he came…

Court Proceeding
Words: 1589 Length: 5 Pages Document Type: Term Paper Paper #: 57364703
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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,…

Decision Was in Favor of the Plaintiff
Words: 1069 Length: 4 Pages Document Type: Term Paper Paper #: 85919181
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¶ … decision was in favor of the plaintiff, McCalif Grower Supplies, Inc. (McCalif). The court ordered the defendant, Wilbur Reed (Reed) to pay McCalif's invoice for the poinsettas. However, Reed appealed, and won the repeal. The court ordered a reverse and remand for damages made in the initial counterclaim. The appellate decision was made based on consequential damages due to seller's breach related to perfect tender requiring that, "the seller deliver goods in conformity with the terms of the contract," (text p. 513). The perfect tender rule protects the buyer, which is why the appellate court made its decision to reverse and remand. According to the perfect tender rule, "if goods or tender fail in any respect to conform to the contract, the buyer/lessee has the right to accept the goods, reject the entire shipment, or accept part and reject part," (text p. 513).

In this case, the buyer,…