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The law expresses itself through the means of the court and its officers. The procedures and rules that accompany the various legal systems of these courts is essential knowledge for those wishing to gain a deeper understanding of the law and how it works. The purpose of this essay is to discuss and compare the differences jurisdictional issues within the United States court system. This paper will first define these terms before examining some of the requirements for each type of issue. This essay will also discuss the two types of cases federal courts may hear.
Subject vs. Personal Jurisdiction
According to the Legal Dictionary personal jurisdiction is the "The power of a court to hear and determine a lawsuit involving a defendant by virtue of the defendant's having some contact with the place where the court is located." According to the legal dictionary subject matter jurisdiction is "…
Kesan, J.(ND). Brief Summary of Personal Jurisdiction Law. University of Illinois College of Law. Viewed 5 Sep 2013. Web.
The Legal Dictionary (ND). "Personal Jurisdiction." Viewed 8 Sep 2013. Web.
The Legal Dictionary (ND). Subject Matter Jurisdiction." Viewed 8 Sep 2013. Web.
Spencer, B. (1999). Nationwide Personal Jurisdiction for our Federal Courts. Denver Universtiy Law Review, 87,(2). Web
If jurisdiction allows a choice between the two, any of these criteria could sway a firm to file in one court or the other.
However, there may be instances where Federal court is preferred. The laws and rulings may favor be more favorable for the litigant in Federal court. For CompuServe, they may have chosen Federal court because it would have clearly had jurisdiction, whereas Ohio may not have had jurisdiction. This could have given Patterson an avenue for dismissal or appeal on jurisdiction grounds and CompuServe may have wished to mitigate this risk.
In determining the appropriateness of Ohio state court as a jurisdiction, we must consider the tests that would allow this case to be heard by a Federal court. Federal courts rely on the "minimum contacts" test to establish personal jurisdiction. "Minimum contacts" often relies on a three-prong test. The CompuServe v. Patterson case met all three…
Conner, Cheryl L. (1998) Compuserve v. Patterson: Creating Jurisdiction Through Internet Contacts. The Richmond Journal of Law and Technology. Retrieved March 11, 2009 at http://law.richmond.edu/jolt/v4i3/conner.html
Samson, Martin. (2009). CompuServe v. Patterson. Internet Library of Law and Court Decisions. Retrieved March 11, 2009 at http://www.internetlibrary.com/cases/lib_case163.cfm
No author. (No date). Jurisdiction. Cornell University Law School. Retrieved March 11, 2009 at http://topics.law.cornell.edu/wex/jurisdiction
Encyclopedia Britannica: Conflict of Laws. Retrieved March 11, 2009 at http://www.britannica.com/EBchecked/topic/333023/conflict-of-laws/276355/Rationale-behind-choice-of-jurisdiction
jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. With that said, Medical Miracle in this situation has jurisdiction. Why? Well, first of all it is clear that having jurisdiction has something to do with whether a court has authority over a specific case. In this situation, Medical Miracle would have what is called venue which is the legal idea that states the most suitable forum for a trial. In a lot of situations it is frequently two or more courts that will have proper jurisdiction, but in this case for Medical Miracle, it would be more fitting to hear the case in a particular forum which would be in Colorado. Really, a number of courts can have a play in the case which would be both Arizona and Colorado because of the contact in both regions. However, it would benefit Medical Miracle it…
Internet Personal Jurisdiction
Normally, when the belongings are attached to a state, the courts are given authority over any assets actually present within the regional limits of the state and courts are also given authority on anyone provided with procedure while present actually within the region of that state. Checking of procedure and attachments are official methods for declaring personal authority over people or belongings and it also helps in the purpose of giving constitutionally essential notice of the pendency of a judicial happening that may end up in the withdrawal of property. Whether a person within the personal authority wants to contribute or not does not make any change. The supremacy is coercive. Likewise, if the possessor of the interests in property who is subjected to personal jurisdiction wants to take part or not also makes no difference. The control over the assets is coercive. The main task is…
An Apple A Day, 977 F.Supp. 404, 406 (E.D.Va. 1997).
Asahi Metal Industry Co.v.480. U.S.102, 112, 117 (1987).
Barrett v. Catacombs Press, 44 F.Supp.2d 717, 727 (E.D.Pa. 1999)
Criminal Justice, Jurisdiction
Explain what the term "jurisdiction" means.
Jurisdiction is defined as the "geographic area over which authority extends: legal authority; the authority to hear and determine causes of action" (Thefreedictionary.com, (n.d.)). An understanding of jurisdiction is needed to help determine where legal authority begins and ends. Legal cases need to be filed, heard and tried in an organized manner through the court system. This cannot happen if jurisdiction is unclear. Using geographic markers is the simplest way to determine jurisdiction. The easiest way to illustrate this is using the federal courts. Federal court jurisdiction covers the whole United States. State court jurisdictions cover each state. Simply put, jurisdiction determines which court hears which case. A person with a case cannot take their action to any court. They must determine which appropriate court is authorized to hear their case.
Jurisdiction could also mean the origin of the courts' authority…
Thefreedictionary.com. Jurisdiction. Retrieved from http://legal-dictionary.thefreedictionary.com/jurisdiction .
Siegel, L.J. (2010). Introduction to Criminal Justice. Belmont, CA: Wadsworth.
Distinguish etween the Jurisdiction of State and Federal Court Systems
State and Federal Court Systems
When the Founding Fathers of America were setting up the Judiciary system, it was intended to be a completely separate and independent institution of the federal government, a vital part of the checks and balances system. The most important function of the judiciary system is to interpret the law so that rules and laws made in the past can be applied reasonably to present situations, and it focuses on broad legal questions. In the federal judiciary system, judges are nominated by the president and confirmed by the Senate, for terms of either life or good behavior. There is no constitutional restriction on what the age, residency, or citizenship qualifications of federal judges can be.
The Federal court system is comprised of four levels: The Supreme Court, the Court of Appeals, District Courts, and other special…
Chapter 14 Outline.
Deaton, John. "Lesson Three: Relationship of State Courts to Federal Courts." Northland Pioneer College. http://www.northland.cc.az.us/Pos221/Content/module03/m3_l03.htm
Knowledge & Information Services. "State-Federal Relations: Frequently Asked Questions." The National Center for State Courts. January 5, 2004. http://www.ncsconline.org/WC/FAQs/KIS_StaFedFAQ.pdf
Alaska Federal and State Jurisdiction
THE ALASKA MODEL
Federal and State Jurisdiction
Alaska is the 49h state of the United States of America and the largest (State of Alaska, 2013). Its capital is Juneau and Fairbanks is the only large city. Its government is divided into three co-equal branches, namely the executive, the legislative, and the judicial, for purposes of checks and balances. The judicial branch consists of three separate entities, i.e., the Alaska Court System, the Alaska Judicial Council and the Alaska Commission on Judicial Conduct (State of Alaska).
Alaska has a unified and centrally operated court system, which is completely State-funded (State of Alaska, 2013). The State's court system has four levels with individual powers, duties and responsibilities. The first two, the Superior Court and District Court, are trial courts. They are the first that hear and decide cases. The other two are the Supreme Court and the…
Alaska, State of (2013). Profile of the Alaska court system. State of Alaska. Retrieved on August 30, 2013 from http://www.courts.alaska.gov/reports/profile2013.pdf
Alaska Humanities Forum (2013). Governing Alaska. Alaska History and Cultural
Studies. Retrieved on August 30, 2013 from http://www.akhistorycourse.org/articles/article.php?artID=405
This is not a new development -- international law had long recognised universal jurisdiction for piracy and slavery, for example -- but it marks an extension of the principle, in a modified form, into a new subject area' (emphasis added).
In fact, Goodwin (2006) points out that, 'For hundreds of years, the world has allowed any nation-state to exercise universal jurisdiction over high seas piracy. This has been recently codified by the United Nations in the Convention on the Law of the Seas (UNCLOS). It has been almost universally assumed that allowing states to do this was legitimate.' In the post-September 11, 2001 climate, this initiative in particular has been singled out by some contemporary analysts as being a step in the right direction in helping to prosecute the international war on terrorism. For example, Shulman (2006) reports that, "The characterization of certain actors as pirates and certain terrorist acts…
Yusuf Aksar, Implementing International Humanitarian Law: From the AD Hoc Tribunals to a Permanent International Criminal Court, London: F. Cass (2004).
Black's Law Dictionary, St. Paul, MN: West Publishing Co. (1990).
James R. Crawford, 'The Internationalisation of Criminal Law' (1995), ASIL Proceedings at. 301 in Aksar at 50.
Caroline Davidson, 'Tort Au Canadien: A Proposal for Canadian Tort Legislation on Gross Violations of International Human Rights and Humanitarian Law (2005) 38 Vanderbilt Journal of Transnational Law 5 at 1403.
Ecks Company is a firm with most of its workers and shareholders as well as operating in State Y despite being incorporated and headquartered in State X. One of the small branches of this company decided to hire an industrial spy, Mr. Seven in order to gather secrets from a large business rival in State Z in 1980. Mr. Seven was successful in his work since he supplied the small branch of Ecks Company with information regarding the competitor's most vital industrial secrets for over a year. The small branch then passed on the information to Ecks Company including information about State Z's national defense. When the industrial spy was caught red handed in 1981, he was convicted of espionage and agreed to testify against the company and branch manager in order to get a reduced sentence. This was followed by a series of events including prosecution of the…
Bianchi, A., Peat, D. & Windsor, M 2015, Interpretation in international law, Oxford University Press, Oxford.
Posner, E.A. & de Figueiredo, M.F.P 2005, "Is the International Court of Justice Biased?" Journal of Legal Studies, vol. 34, no. 2, pp.599-630.
Posner, E.A. & de Figueiredo, M 2004, Is the International Court of Justice Politically Biased? Berkeley Law -- University of California, viewed 15 April 2016,
Steiner, H.J 2004, 'Three Cheers for Universal Jurisdiction -- Or Is It Only Two?' Theoretical Inquiries in Law, vol. 5, no. 1, pp.199-236.
The last and final level of the federal court system is the U.S. Supreme Court. A federal defendant begins his case in the District Court, but can appeal decisions.
Because there is an essential difference between the violation of state and local laws and the violation of federal laws, it would seem as if federal law enforcement agents would play a different role from state or local agents. Pop media portrayals of the heartless federal agent who is willing to sacrifice individuals for the greater good accentuate this difference. However, the reality is that there is a tremendous amount of cooperation between state, local, and federal law enforcement agencies. The agencies share the common goals of preventing, detecting, and punishing criminal behavior. However, each agent is confined to the roles of their jurisdiction. For example, local and state law enforcement agencies have de facto jurisdiction over most crimes. It is…
Non-voting public advocate groups that will advise the City Council on: how different policies will affect neighborhoods. Their main responsibility is to represent the interests of the general public. (erg, 2007)
What form of city or county government does your local municipal or county jurisdiction have?
Representative democracy. (erg, 2007)
What kinds of elections do your local city, county, and school board employ?
Direct elections every four years.
Direct elections every four years.
Direct elections every four years.
Appointed by orough Presidents. (erg, 2007)
Community oards. (2011). NYC. Retrieved from: http://www.nyc.gov/html/cau/html/cb/directory.shtml
Mayor loomberg. (2011). NYC. Retrieved from: http://www.nyc.gov/portal/site/nycgov/?front_door=true
The New York City Council. (2011). NYC. Retrieved from: http://council.nyc.gov/html/home/home.shtml
New York City Courts. (2011). New York Unified Court System. Retrieved from: http://www.courts.state.ny.us/courts/nyc/index.shtml
Community Boards. (2011). NYC. Retrieved from: http://www.nyc.gov/html/cau/html/cb/directory.shtml
Mayor Bloomberg. (2011). NYC. Retrieved from: http://www.nyc.gov/portal/site/nycgov/?front_door=true
The New York City Council. (2011). NYC. Retrieved from: http://council.nyc.gov/html/home/home.shtml
New York City Courts. (2011). New York Unified Court System. Retrieved from: http://www.courts.state.ny.us/courts/nyc/index.shtml
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…
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
Management System: ole of EMS
EMS Duties during Emergency Operations
The Emergency Operations Plan for most municipalities in the United States defines how emergency services will respond to a disaster. A good example is the one outlined by the City of St. Pete Beach in Pinellas County, Florida (St. Pete Beach City Commission, 2011). Based on their analysis, the main hazards for their municipality are flooding due to heavy rainfall, hazardous materials storage and transportation, transportation accidents, tornados, hurricanes, and coastal erosion (p. 27). The frequency of these incidents range from dozens per year to a major hurricane once every 50 years. In St. Pete Beach, if an incident can be effectively handled by their own resources the response is organized using the National Incident Management System (NIMS) (p. 33). The incident commander will control the response, including first responders, even if more than one jurisdiction is involved. Support is…
St. Pete Beach City Commission. (2011). Special Commission Workshop Meeting. Retrieved from http://stpetebeach.granicus.com/DocumentViewer.php?file=stpetebeach_1b0ba9fdb12bd7e90fc339c9b7ef6e3d.pdf&view=1 .
Legality of Booby Traps
A property owner should most certainly not be allowed to utilize booby traps on his or her property, even if he or she has provided notice to intruders. There are too many negative consequences that booby trapping can present -- many of which might be unintended. Additionally, there are other ways that property owners can protect their property than by utilizing booby traps, which are tactics for use in martial encounters and not for daily civil ones. The plethora of other means by which a property owner can defend his or her property (without involving booby traps), and the negative consequences that individuals can incur because of booby traps supports the notion that individuals should not use these ploys to guard their property.
One can argue that the crux of this particular issue is a judgment in value. Whether or not booby traps -- even when…
Burgess-Jackson, K. (2012). Lecture notes. www.uta.edu Retrieved from https://www.uta.edu/philosophy/faculty/burgess-jackson/Katko%20v.%20Briney%20(Iowa%201971).pdf
Stress: Regulation of etlands in the United States
Regulation of etlands in the United States
Defining etlands and their Value
A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or marshes. Lewis defines a wetland as, "an ecosystem that depends on constant or recurrent, shallow inundation or saturation at or near the surface of the substrate" (p.3). He further ascertains that the minimum necessary qualities of a wetland are sustained inundation, saturation or recurrent at or near the surface and the existence of chemical, biological and physical facets that reflect recurrent, saturation and sustained inundation (Lewis 3). The major diagnostic wetland features include hydrophytic vegetation and hydric soils. These characteristics present biotic, anthropogenic or physicochemical features apart from where the growth of these aspects has been blocked (Lewis 3). The wetlands are located near rivers, oceans, lakes or…
Beermann, Jack. Administrative law. Texas: Aspen Publishers Online, Jul 2, 2010
Connolly, Kim Diana, Johnson, Stephen, Williams, Douglas. Wetlands law and policy:
Understanding. New York: American Bar Association, Dec 30, 2005.
Gaddie, Ronald Keith, Regens, James. Regulating wetlands protection: Environmental federalism and the states. New York: SUNY Press, 2000.
Confusion: Trailer Hitches
Facts: The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch, which is manufactured by only one manufacturer in confusion. As a result, truckers either have to avoid Confusion or have the hitch installed. The federal government has not attempted to regulate truck hitches on the nation's highways. Tanya Trucker, a trucking company owner in the state of Denial, intends to file suit against Confusion to overturn the statute.
What court has jurisdiction over the dispute? Is the Confusion state statute Constitutional?
easoning: Determining the court of original jurisdiction is a matter of examining the applicable statutes. Under 28 U.S.C.S. § 1332(a)(b), the federal courts have original jurisdiction over lawsuits where the parties are citizens of different states, if the amount in controversy is at least $75,000. Under 28 U.S.C.S. § 1331, the district…
28 U.S.C.S. § 1331
28 U.S.C.S. § 1332(a)(b).
Bosco, D. (2011 May 26). The six stages of a civil lawsuit. Retrieved November 17, 2011 from Bosco Law Firm, LLC website: http://www.boscolegal.com/articles/the-six-stages-of-a-civil-lawsuit.html
Southern Pacific Co. v. Arizona, 61 Ariz. 66, 145 P.2d 530 (1945).
Federal and State Court Systems in George
The federal and state court system in the United States is tasked with providing timely adjudication of all cases within their jurisdiction. Each of the several states, including Georgia, is part of a larger federal system of district courts and courts of appeal, and their courts have their state-level counterparts, each of which is responsible for hearing cases of certain types. To determine which courts are responsible for what in the State of Georgia today, this paper provides a review of the relevant literature, followed by a summary of the research and important findings concerning the federal and state court systems in place in Georgia today in the conclusion.
eview and Analysis
The Federal Court Structure in the Southern District of Georgia
The U.S. Courts of Appeals for the Eleventh District for the Southern District form part of the overall adjudicative coverage of…
Black's law dictionary. (1990). St. Paul, MN: West Publishing Co.
Federal Courts of Appeal. (2013). Georgia Institute of Technology. Retrieved from http://www.
Georgia Small Claims Court. (2013). Nolo. Retrieved from: http://www.nolo.com/legal-encyclopedia/georgia-small-claims-court-31687.html .
Business income refers to any income usually realized for the execution or transaction of business activity. This indicates that business income is the aspect of earned income from the perspective of business transaction or activity. In order for the business income to apply to the aspect of the taxation system, it is essential to classify business income as ordinary income. Business income consists of business expenses, business losses, and business profits. It is the difference between revenues and expenses of the process of business transactions. This indicates that business income can be positive or negative within the financial year depending on the size of the expenses and revenues. Business income is received from the transactions or sales of products or services within the defined market.
OECD model treaty defines a clear perspective in relation to the handling of the business income. This is through indicating that the income…
Ault, H.J., & Arnold, B.J. (2010). Comparative income taxation: A structural analysis. S.l:
Kluwer Law International.
Gustafson, C.H., & Pugh, R.C. (1993). International income taxation: Code & regulations, selected sections. Chicago, Ill: Commerce Clearing House.
Scha-fer, A. (2006). International company taxation in the era of information and communication technologies: Issues and options for reform. Wiesbaden: Deutscher Universita-ts-Verlag.
Policing in the United States has mainly been based and expanded on the ideas of English way of policing. The English way of policing has not only been used as the basis for American policing but it has also been used to commence an era of evolving police agencies. In its early years, policing in the United States was largely regarded as a civic duty or responsibility of community members. The appointed officers were neither trained nor paid for their services to community members. Consequently, the chosen Sheriffs were usually motivated by financial incentives and lost their focus on enforcement of the law, which contributed to the perception that policing was primarily reactive in nature. However, the nature and structure of policing changed significantly following the emergence of urbanization, industrialism, and the society, which resulted in increase in crime. This forced the police or law enforcement officers to…
"History and Structure of American Law Enforcement." (n.d.). Sample Chapter 5. Retrieved
December 19, 2013, from http://highered.mcgraw-hill.com/sites/dl/free/0078111536/931930/SampleChapter05.pdf
Parfaniuc, N. (n.d.). Historical Development of Police Agencies and Their Jurisdiction.
Retrieved December 19, 2013, from http://www.scribd.com/doc/49065966/Historical-Development-of-Police-Agencies-and-their-jurisdiction
The problem is that many people are simply not used to dealing with conflict in a reasonable manner. Instead, they believe that all conflict must be resolved in a competitive manner, and that there is always a loser in each conflict.
Conflict resolution should be taught and implemented at all possible points of conflict in an organization. These include, but are not limited to, interpersonal conflicts, conflicts in meetings, conflicts in negotiations, conflicts in resource allocation, conflicts in workload distribution, and the conflict inherent in any organizational change. If employees and managers know to anticipate conflict and are trained in how to resolve conflict, then most conflict should never reach the level of needing attention from H. Instead, H's emphasis on conflict can be on training.
3. Is it important or necessary in an organization, to understand these sources of conflict, as we have an autocratic structure that can impose…
Guttman, H.M. (2009). Conflict Management as a Core Competency for HR Professionals.
People and Strategy. New York: 2009. Vol. 32, Iss. 1; p. 32.
Schachar, M. (2011). Conflict Resolution Management (CRM) Textbook.
TUI University. (Unk.). NCM 501: Foundations of Conflict Resolution Module 2.
Cyber-Crime in a New Age of Law Enforcement
ith the new introduction of the online sphere, law enforcement today faces unique challenges those previous generations could never even imagined. The internet allows the ability to create an online presence that has virtually no relevance to the real world character of the user. People can now create an online presence with the ability to construct a range of pseudonymity that was never before possible (Gyorgy, 2002). Therefore the person that you think you are communicating with may be a different person altogether.
Furthermore, people can set up a range of different personalities and have multiple identities online that they can use for a range of malicious activities. For example, it is possible for an elderly man who has perverted tendencies to portray himself as a young school girl on online chat forums. In these arenas there is seldom any verification…
Gyorgy, P. (2002). The Tale of Cookies (Dr. Jekyll and Mr. Hyde). Social Research, 239-245.
Jayakumar, A. (2014, March 13). Target looking into response to cybersecurity breach; retail sales rose in Feb. Retrieved from The Washington Post: http://www.washingtonpost.com/business/economy/target-looking-into-response-to-cybersecurity-breach-retail-sales-rose-in-feb/2014/03/13/91d16ece-aae8-11e3-af5f-4c56b834c4bf_story.html
TEDGlobal. (2010, July). Julian Assange: Why the world needs WikiLeaks. Retrieved from TED: http://www.ted.com/talks/julian_assange_why_the_world_needs_wikileaks.html
TEDGlobal. (2012, July). Michael Anti: Behind the Great Firewall of China. Retrieved from TED: http://www.ted.com/talks/lang/en/michael_anti_behind_the_great_firewall_of_china.html
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…
Wolfgang, Marvin (1990). Crime and Punishment in Renaissance Florence. Journal of Criminal Law and Criminology. Retrieved on January 11, 2008.
Schmalleger, Frank (2001). Criminal Justice: A Brief Introduction. Prentice Hall. Retrieved on January 11, 2008.
Cornell University Law School. Bill of Rights from Cornell University Law School. Retrieved on January 11, 2008.
Nicholas J. Szabo. (2006). Jurisdiction as Property: Franchise Jurisdiction from Henry III to James I. Retrieved on January 11, 2008 at http://szabo.best.vwh.net/JurisdictionAsProperty.pdf
The fact that, against completely diverse defendants, Woodrock and Jones could combine their claims to meet the amount in controversy is inconsequential, because the parties lack diversity of citizenship.
9. There are several factors that should be taken into consideration in deciding whether the District of Columbia can, for diversity purposes, be regarded as a state. The most important factor is whether the constitutional diversity requirement would have a substantive impact on the litigants seeking redress in a certain type of court. Because citizens of the District of Columbia are already entitled to bring suit in federal courts, allowing them to be considered citizens of a state for the purpose of establishing diversity jurisdiction does not allow them entry into a different court system. Even more important is the fact that the legislature enacted a law that permitted the District of Columbia and other U.S. territories to be treated as…
Although here, there are not any federal statutes in place regarding truck hitches, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state regulation even when Congress has failed to legislate on the subject. his is evident in Quill Corp v. North Dakota [504 U.S. 298 (1992)] in which the Supreme Court determined that a tax levied on Quill Corp. violated the dormant commerce clause even though the subject matter was not federally pre-empted.
It is important to note that the 10th Amendment does give to the states all powers not delegated to the federal government by the Constitution, but the dormant commerce clause (which is a court given name, not an actual enumerated element of the commerce clause) limits the powers given to the states under the 10th Amendment. In United States v. Lopez [515 U.S. 549 (1995)]…
The commerce clause, under Article I § 8 of the U.S. Constitution, gives Congress the right to control commerce among the several states (The Constitution of the United States of America, Article I § 8). Although here, there are not any federal statutes in place regarding truck hitches, the Supreme Court has consistently held that the language of the Commerce Clause contains a further, negative command prohibiting certain state regulation even when Congress has failed to legislate on the subject. This is evident in Quill Corp v. North Dakota [504 U.S. 298 (1992)] in which the Supreme Court determined that a tax levied on Quill Corp. violated the dormant commerce clause even though the subject matter was not federally pre-empted.
It is important to note that the 10th Amendment does give to the states all powers not delegated to the federal government by the Constitution, but the dormant commerce clause (which is a court given name, not an actual enumerated element of the commerce clause) limits the powers given to the states under the 10th Amendment. In United States v. Lopez [515 U.S. 549 (1995)] the Supreme Court determined that state gun possession laws near school do not violate the dormant commerce clause because a state may regulate local aspects of interstate commerce as long as the local regulation does not conflict with, or is not pre-empted by, federal regulation and the regulation meets the following tests: (1) the regulation does not discriminate against out of state competition in order to benefit local economic interests, and (2) the incidental burden on interstate commerce does not outweigh the local benefits of the regulation.
The first determinant is whether Confusion's statute does affect interstate commerce. The Court in Wickard v. Filburn [317 U.S. 111(1942)] reasoned that state regulations of activities that on their face are not economic, if in their aggregate they have a substantial effect on interstate commerce, then they will have to pass the two part test listed above. Here, it can be argued that the statute is not economic on its face, but is instead based on state police power to protect the state highways. However, in aggregate, the effect of such regulation is that interstate truckers have to purchase a new hitch to go through Confusion, or must bear the extra gas expense of going around. Ultimately, the end-user will bear the extra cost expended by these truckers hauling products, by raised prices on those products. Thus the statute does have an economic effect. It is unclear whether the burden this substantial effect places on interstate commerce is outweighed by the benefit to Confusion's highways because this matter is a judgment call for the court. However, nonetheless,
For example, the EP has the right to bring an action for failure to act, and can also take action to have the ECJ review acts of the Council or the Commission.
Despite those protections, the ECJ determined that the legal remedies provided for in the Euratom Treaty and EEC treaty might be ineffective or uncertain.
For example, an action for failure to act cannot be used to challenge a measure that has already been adopted.
In addition, though the EP has the right to seek a preliminary ruling on the validity of such an action, such a ruling does not mean that anyone will actually bring an action for annulment.
In fact, even though the Commission is required to respect the EP's prerogatives, it is not obliged to adopt the EP's positions as its own.
As a result, the ECJ concluded that the legal remedies available to the EP…
"Article 230." Treaty of Nice. 2000. University College Cork. 25 Aug. 2009
Case 70/88, European Parliament v. Council of Ministers, Judgment of the ECJ of 22 March
1990, European Court Reports 1990, p. I-2041.
federal question refers to the idea that a case involves federal issues, and thus triggers federal jurisdiction. Federal questions include cases involving the U.S. Constitution, acts of Congress and other federal laws, and treaties. Other issues may also trigger federal jurisdiction, such as when litigants are in two different states, or when a litigant has filed suit against a state.
What is diversity jurisdiction?
Diversity jurisdiction refers to federal court jurisdiction based on the fact that the opposing parties come from different states. The amount in controversy must be $75,000 or more, and there are some exceptions to diversity jurisdiction.
What is standing?
Standing means that a party is sufficiently connected to and harmed by an action to file a lawsuit challenging that action. Standing requires that the party be injured, that the injury was causally connected to the action at the subject of the suit, and that the court…
Schulze, E., and Patterson, S. (2005). Introduction to the American legal system, 8th ed. Upper
Saddle River, NJ: Pearson Prentice Hall.
8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..
b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..
c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..
d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.
e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…
A b) Cole v. Burns International Security Company: D.C. District Court applies SCOTUS ruling in Gilmer, to uphold pre-employment arbitration agreements that meet the 5 elements of fairness articulated in Gilmer.
10. Respond to a colleague who asserts that we need to get rid of these liberal activist judges and replace them with conservative judges who interpret the law and do not make the law. (5)
The 2000 SCOTUS decision terminating the by-hand vote count then underway in Florida is a perfect example that "conservative" justices with no prior history of "liberal" statutory interpretation, in fact, make law, as evidenced in the way five "conservative" Republican justices effectively awarded the presidency to George W. Bush by their whim under the color of "judicial interpretation."
etrieved 21 Mar. 2013 from http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/65mcrm.htm#9-65.700.
Doyle, Charles. (2011). Crimes of violence committed against federal official or employees: A brief overview of federal criminal law. Congressional esearch Service. etrieved 21 Mar. 2013 from http://www.fas.org/sgp/crs/misc/41574.pdf.
New York State Division of Criminal Justice Services. (2005). Crimes Against Police Act. Criminal Justice.NY.gov. etrieved 2 Apr. 2013 from http://www.criminaljustice.ny.gov/legalservices/ch765_crimes_against_police_act.htm.
Office of Coast Survey. (n.d.). Law of the sea. History of the maritime zones under international law; From the cannon shot rule to UNCLOS. Office of Coast Survey, National Oceanographic and Atmospheric Administration, U.S. Department of Commerce. etrieved 2 Apr. 2013 from http://www.nauticalcharts.noaa.gov/staff/law_of_sea.html.
Peters, ichard (ed). (1846). The Public Statutes at Large of the United States of America from the Organization of the Government in 1789, to March 3, 1845. Arranged in Chronological Order with eferences to the Matter of Each Act and to the Subsequent Acts on the Same Subject and Copious Notes of…
References to the Matter of Each Act and to the Subsequent Acts on the Same Subject and Copious Notes of the Decisions of the Courts of the United States Construing those Acts, and upon the Subjects of the Laws. Boston, MA: Charles C. Little and James Brown. Retrieved 2 Apr. 2013 from http://books.google.com/books/download/The_public_statutes_at_large_of_the_Unit.pdf?id=wyY3AAAAIAAJ&output=pdf&sig=ACfU3U1p_NxuSBziJjvhBnUoaVRPjOo_lA .
Santos, Fernanda. (2012, Nov. 8). Gunman in Giffords shooting sentenced to 7 life terms. New York Times, A16. Retrieved 21 Mar. 2013 from http://www.nytimes.com/2012/11/09/us/gunman-who-shot-giffords-to-be-sentenced.html?ref=jaredleeloughner .
United States v. Jared Lee Loughner 672 F. 3d 731 (2012).
branches within the law enforcement field. All these branches have a range of jurisdictions but have a common purpose of enforcing laws that have been passed by legislatures and the protection of the American citizens and those who live within the American borders. There are different law enforcement agents everywhere and they are interested in what one does, the particular agents present depend on ones location and what they are doing. This paper will look at three law enforcement branches; local, state and federal law enforcement. It will look at what thee three entail and how they differ in terms of jurisdiction and authority.
At the local enforcement agencies, the commonplace and frequently experienced law enforcement agency are municipal police officers. These police officers represent villages, towns and cities. A striking difference between these local officers and those found within state and federal level is that they offer the first…
Law Teacher. (2014). Local, State and Federal Law Enforcement. Retrieved September 10, 2014 from http://www.lawteacher.net/criminology/essays/local-state-and-federal-law-enforcement.php
Harkins, D. (2009). What are the Differences Between Federal, State and Local Law Enforcement. Retrieved September 10, 2014 from http://www.ehow.com/info_8251672_differences-state-local-law-enforcement.html
"When a court strikes a contract provision for unconscionability it is declaring that provision is so unfair or oppressive that the court will refuse to enforce it." (Gillespie, 2007). The Thirteenth Amendment to the United States Constitution provides that, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." (U.S. Const. amend. XIII, 1). The contract that the parties signed purported to make Mrs. Lowell the property of Mr. Lowell. Because the Lowells are Americans and purchased their ticket in America, it is unlikely that an American court would recognize Mr. Lowell's ability to contract away his wife's right to be recognized as a legal individual in a contract dispute. Furthermore, the Fourteenth Amendment guarantees Mrs. Lowell the equal protection of the laws, (U.S. Const. amend. XIV, 1)…
Cruise Lines International Association. (2008). Personal safety and security. Retrieved December 9, 2008 from Cruise Lines International Association
Web site: http://www.cruising.org/industry/personal_safety_security.cfm
Fl. Stat. 731.301(b)(1).
Gillespie, D. (2007). Survey of Illinois law: contract law. Retrieved December 9, 2008 from Southern Illinois University School of Law
The discovery includes: depositions, answers to written interrogatories, production of documents and evidence, court-ordered examinations, and requests for admissions (Mann, R. & Roberts, B. 2009. p.53). The final step of the pretrial procedure is the pretrial conference between judge and the parties' attorneys which serves to "simplify the issues in dispute and encourage settlement of the dispute without trial" (Mann, R. & Roberts, B. 2009. p.53). Directly before a trial though either party may ask the court for a summary judgment which allows the judge to decide the case on matters of law without a jury trial.
f the trial phase has been reached then no settlement or summary judgment was present. The trial begins with jury selection which includes the voir dire (an examination of potential jurors. With a jury selected the trial begins with opening statements by the attorneys, the prosecutor's presentation of the case including direct examination…
If the trial phase has been reached then no settlement or summary judgment was present. The trial begins with jury selection which includes the voir dire (an examination of potential jurors. With a jury selected the trial begins with opening statements by the attorneys, the prosecutor's presentation of the case including direct examination questions of witnesses, and the defense cross examination. During the trial the judge will rule on matters of law which may be later used by attorneys for an appeal. At the close of the prosecution's case the defendant may present a case or ask for a directed verdict which allows the judge to decide on the case's merits without a jury. If no such request is made the case proceeds to closing arguments, jury instruction and deliberation, and ultimately the announcement of the verdict. A verdict may result in motions by the losing party for a new trial or a judgment notwithstanding the verdict. In absence of these motions the losing party may file an appeal which would be heard by a higher court (Mann, R. & Roberts, B. 2009. p.53). With this context in mind the examination of Trucker's case may begin.
Jurisdiction over the Suit
The first question to be determined is what court will hear the case? This question is answered through jurisdiction. "Jurisdiction means the power and authority of a court to hear and decide a given case" (Mann, R. & Roberts, B. 2009. p. 46). A court must have both subject matter jurisdiction and jurisdiction over the parties. In the Trucker case the analysis begins determinant of federal jurisdiction. Could a federal district court in Confusion hear the case? Not on the basis of exclusive federal jurisdiction which allows a federal court to hear disputes regarding: admiralty, bankruptcy, antitrust, patent, trademark, copyright cases, suits against the U.S., and cases arising under federal statute" (Mann, R. & Roberts, B. 2009. p.46). However, the federal district court
In 1993 there were 155,704 recorded crimes of burglary and of these 20,200 were residential burglaries. Since the mid-1970s the level of recorded burglaries has fluctuated around a level of 130,000 to 150,000 crimes per year although during the three last years, 1991 to 1993, the level has been close to 155,000. The number of recorded car thefts in 1993 was 61,141 and of these 18,300 were attempts. During the 1980s the number of recorded thefts of cars has doubled from 34,301 in 1980 to 69,003 in 1989. However, in the last three years this crime has decreased from roughly 70,000 in 1991 to roughly 61,000 in 1993.
Drug offenses. In 1993, 40,700 violations of the Narcotic Drugs Act were reported to the police. This figure is 40% higher than in 1990. Due to the method of counting drug offenses and the fact that this is a crime category highly…
An Introduction to the Sami Culture" (1996) Retrieved, January 28, at http://boreale.konto.itv.se/samieng.htm
Criminal Matters" Swedish Government Offices Website Retrieved, January 28, at http://www.sweden.gov.se/sb/d/2138/a/14884
Malmstrm, C. "Diversity in the European Context" Retrieved, January 28, at http://www.sweden.gov.se/sb/d/8660/a/82943
Reiter, P.L. (2007), Comparative criminal justice systems. Upper Saddle River, NJ: Prentice Hall/Pearsons.
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…
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.
Formulating a disaster and risk management is necessary for this jurisdiction. This is based on the knowledge that risk management is a demanding initiative that requires an appropriate and responsive. Satellite units are professionally trained to meet global demands. The Lynchburg, Virginia security system has met federal requirements of quality, and as a result, the system has proved suitable to respond to various hazards experienced in this jurisdiction. This report will attempt to present the Homeland Security apparatus of this jurisdiction. The report will assess the current situation of possible hazards and actual preparedness whilst presenting the elements of disaster management at Lynchburg. This section is a critical analysis of how disaster is managed within this jurisdiction compared to the critical disaster management measures in the United Kingdom.
Homeland Security stakeholders
The Lynchburg Homeland Security system is comprised of stakeholders like administrators, first responders, and the local law…
Agostino, D.M., & Jenkins, W.O. (2011). Catastrophic planning: states participating in FEMA's pilot program made progress, but better guidance could enhance future pilot programs. Washington, D.C.: U.S. Govt. Accountability Office.
Brownstein, C. (2007). Report of the DHS national small vessel security summit managing the risk. Arlington, VA: Homeland Security Institute.
Davis, B.J. (2011, November 1). Interagency Logistics Education and Training: Building Homeland Defense and Civil Support Liaisons: Disasters within the United States
Edkins, J. (2011). Missing: Persons and Politics. Cornell University Press.
A plethora of private firms around the world offer customized security and risk management services. TAL Global and the Wexford Group are two firms that offer some of the most comprehensive security and risk management services, strategies, and techniques, interfacing between public and private sector and wielding power in a wide range of jurisdictions. Wexford Group offers services including operational advising, law enforcement support, program management, risk assessment, operations and intelligence fusion, development and fielding, and also recruitment, assessment, selection, and training (RAST) support for government agencies and private industries. TAL Global offers airport and aviation security, emergency preparedness planning, executive protection, risk management, school safety and security, and a range of other security services within their organizational rubric. These two organizations have similar leadership structures, dividing their different duties into different departments, each with its own organizational sub-structures. Working within the laws and jurisdictions of any client context, TAL…
Breadth of Responsibilities
All of the DHS responsibilities relate back to the primary jurisdiction and mission responsibilities listed above. Information sharing and analysis, prevention and protection, preparedness and response, research, commerce and trade, travel security, and immigration all are functions of keeping our country safe from terrorists and responding to both manmade and natural disasters.
The auxiliary functions of the department such as the Secret Service, U.S. Coast Guard, FEMA, Immigration and Customs, the Transportation Security Administration, and the Office of the Inspector General (OIG) all add to the breadth of DHS functionality, and fall under the primary mission statement of the department. Even the OIG, which is responsible for auditing the internal functioning of DHS including fraud and abuse indirectly operates as a function of ensuring this primary mission is carried out effectively.
Is the DHS Effectively Organized?
After a couple of re-organizations over the years, yes, it is,…
Interoffice Memorandum of Law
Case: Joe Lee Simmons, Appellant v. State of Texas, Appellee
Docket number: 01-07-00543-C
Office file number
e: Issue  was there evidence of possession of cocaine weighing four or more grams but less than 200 grams given the evidentiary requirements of TEX. CODE CIM. POC. § 38.35(d)(1);  the validity of a motion to suppress based on the officer's failure to report all offenses committed in his jurisdiction to the magistrate, as required by TEX. CODE CIM. POC. § 2.13(b)(3); and  the sufficiency of an indictment under TEX. CODE CIM. POC. § 28.10.
The appellant contends that the trial court erred in admitting the testimony of the State's forensic chemist, who performed a chemical analysis on the controlled substance found in appellant's shirt pocket, because the chemical analysis was not accredited at the time of the analysis; appellant challenges the trial court's denial of…
TEX. JUR. 3d § 23 Sufficiency of Indictment (2006).
It is the appellant's responsibility to show error on appeal, and if the record fails to show error, then it should be assumed that the trial court acted correctly.
"It is generally presumed on appeal that the court ruled correctly and that the appellant must show error" (Hall v. State, 829 S.W. 2d 407, 410-411).
"It is appellant's burden to not only preserve the alleged error for review, but to present a record of the alleged error sufficient for us to review it and determine if it was error and if so whether the defendant was harmed" (Montoya v. State, 43 S.W.3d 568, 572).
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…
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
Mcardie Estate v. Cox case, by providing a case summary, comparison of exclusive professional practice scope and right to health care professionals' title, and protections for healthcare workings abiding by practice standards.
Malpractice and neglect are perhaps the aspects most carefully covered by healthcare policymakers. Healthcare law may be considered distinctive in the legal sphere, as it is one subdivision that affords numerous scholarship approaches a chance to succeed (Jocelyn, et.al, 2002). Healthcare law is an interdisciplinary and dynamic domain, with numerous legal, scientific, economic, social, political and philosophical grounds for its dynamism.
McArdie Estate v. Cox was an appellate court case. Gastroplasty reversal surgery was performed on the deceased patient on 26th June, 1995. Gastroplasty refers to a weight-loss tactic of stapling the stomach; the patient in question had two staple lines across her tummy. She was made aware of the fact that, in view of her…
FINRA believes, however, in going beyond regulation. A stated mandate of FINRA is to improve investor education, because FINRA believes that "investor protection begins with education" (FINRA website, 2010). FINRA has set up an Investor Education Foundation, which in 2009 spend $46 million on improving investor education about the markets.
FINRA believes that the markets should be fair for all participants. The body feels that this will ensure investors have as many choices as possible for their money. In addition, FINRA believes in taking a proactive approach to regulatory issues, because this will enhance its mission of consumer protection (Ibid).
FINRA was set up by the two major exchanges in part because of the need to ensure that the markets are fair and are regulated efficiently and effectively. Stock markets today compete globally for capital and FINRA is a natural response to the need of U.S. markets to gain competitive…
FINRA website, various pages. (2010). http://finra.complinet.com/
Hansard, S. (2008). Brokers, advisers blast FINRA proposal. Investment News. Retrieved April 10, 2010 from http://www.investmentnews.com/article/20080630/REG/96327665
Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a commission on their sales.
Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is Edward Shoen, descendent of the original founders of the company. Many members of the Shoen family still control much of the company (Google Finance). Little information is available about the company, aside from their financial statements. Although they have a Board of Directors, the company continues to operate as a family-style operation, with the family members occupying many positions in upper management. The company structure is simple and little is available beyond basic information.
Purchasing Contract Analysis and the UCC…
Ceh v. UHaul International, Inc., 11th district court of appeals, No. 04-10031.
A www.ca11.uscourts.gov/opinions/ops/200410671.pdf. Accessed January 22.
Company News; U-Haul's Parent Seeks Bankruptcy Protection." June 21, 2003. New
York Times. http://query.nytimes.com/gst/fullpage.html?res=9800EFDF173BF932A15755C0A9659C8B63 . Accessed January 23, 2007.
The study defines the conflict that arises because of different functional and operational jurisdiction. In fact, a large part of conflict in the study can be considered functional that arises because each of Police Department has a different interpretation of the drug problems. Moreover, a large part of the conflicts stems from the autonomy of each of the Police Departments. For example, Milledgeville Police Department is the largest police department, while twenty-nine police departments are smaller in size and represent smaller communities, but none of the departments has the same view about the drug problem. Therefore, there are different and often opposite views about the use of 1-million dollar federal grant for drug enforcement efforts. Chief David Bascom thinks that Milledgeville Police Department should coordinate the efforts since a large part of the drug problem stems from his city. However, Chief Hayes believes that each of the Departments…
Axelrod, R. (1998). The evolution of cooperation. New York: Basic Books.
In situations where outcome or decision control is ceded to a legitimate decision-maker, the available legal procedure may be judged according to whether it provides adequate 'voice' for the aggrieved, adequate process control, and/or the satisfaction of being respected and afforded an appropriate level of procedural justice as a litigant, defendant or citizen.
In any event, continued dialogue between lawyers and psychologists from both types of system is encouraging. To this end, van Koppen and Penrod (2003) have collected legal psychological analyses of American and European criminal justice procedure together in a recent volume allowing comparisons between adversarial and inquisitorial mentalities.(n10) If this type of work continues, we may better understand when each type of process works best and when people, be they socialised in Australia, America, England or continental Europe, react best to adversarial or inquisitorial systems of legal decision-making in particular contexts.
In many jurisdictions, the approaches of…
Balmford, R. 'The Life of the Administrative Appeals Tribunal: Logic or Experience' in R. Creyke (ed) Administrative Tribunals: Taking Stock (Canberra: Centre for International and Public Law, 1992) 50, 68-71
Bronitt, Simon; Mares, Henry. 2004. The history and theory of the Adversarial and Inquisitorial systems of law. (cover story). Legaldate (3): 1-3.
Lind EA et al. 1978. Reactions To Procedural Models For Adjudicative Conflict Resolution: A Cross-National Study. Journal of Conflict Resolution 22: 318.
Nolan, Mark. 2004. The Adversarial mentality vs. The Inquisitorial mentality. Legaldate 16 (3): 7.
(Combating Terrorism: FEMA Continues to Make Progress in Coordinating Preparedness and esponse: Participation in Interagency and Intra-agency Groups and Committees)
CIMS: The Office of Emergency Management --OEM who has been collaborating with NYPD & FDNY and other City agencies to develop the CIMS, the adoption of which was declared by Mayor Bloomberg in March, 2004. CIMS makes a uniform incident management structure for every City agency that is broadly based on the Incident Command System model. The setting up of CIMS ensures a system for management of emergencies with a universal understanding of terminologies and roles and responsibilities among all agencies. CIMS makes use of the combined lead agency/unified operations section. In case of the majority of the incidents where multiple agencies are needed to act on several emergency situations, a unified operations post is made. The core competencies of the primary agencies will establish command of authority for immediate…
About FEMA" Available at http://www.fema.gov/about/ . Accessed 7 September, 2005
About FEMA: FEMA History" Available at
Hy Cite Corp. Vs. Badbusinessbureau
The court case Hy Cite Corp v Badbusinessbureau.com is about a consumer protection firm that ran several websites (i.e. The IP off eport and Bad Business Bureau). They would post negative reviews about those companies who did not meet the expectations of their customers. This was accomplished through monitoring an excessive amount of reports they received. On one occasion, they posted an advisory about oyal Prestige Cookware. ("Hy Cite Corp v Badbusinessbureau.com," 2005)
The parent company (Hy Cite Corp.) contacted the firm and asked them to cease with their activities. As the claims that they made about: the product and company were completely false. In response, the defendant offered to help the plaintiff solve these and future disputes for a fee of $50 thousand per month along with a $1,500.00 retainer. In response, Hy Cite Corp. sued claiming that the firm was in violation of…
Hy Cite Corp v Badbusinessbureau.com. (2005). Finnegan.com. Retrieved from: http://www.finnegan.com/HyCiteCorpvbadbusinessbureaucomLLC/
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
Appendix A THE UNITED KINGDOM
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…
Internet revolution has touched the lives of almost everyone on the world regardless of their nationality and geographical location. Anybody with a phone connection can access the entire network of the globe and stay connected with the rest of the world. The free service providers and the search engine providers play a great part in giving the much-needed services of free web-based mail and other services. Yahoo has been one of the pioneers in the area. While the Internet is accessible to anyone, the service provided by yahoo attracts both bona fide and male fide consumers. The terms of service under which Yahoo agrees to provide their help in the internet make it clear to all the honorable intentions with which they provide the service and require the consumers also to agree to these terms before embarking upon the use of the service. This is a paper on the terms…
Terms of Service, accessed 2003 and available at http://docs.yahoo.com/info/terms/
Spam Policy, accessed 2003, and available at http://docs.yahoo.com/info/guidelines/spam.html
misdemeanor a felony charge. Detail legal terms stare decisis legal precedent affect criminal prosecutions. Finally, provide a definition words, legal term, corpus delicti.
Misdemeanors are crimes that impose a penalty of twelve or less months in prison while felonies are crimes that carry a penalty of more than twelve months in prison. In many cases two acts that might seem similar are likely to require different penalties. For example, an attack that would only involve threats can be considered a misdemeanor while going through and physically attacking an individual can be considered a felony. The victim is also important in determining whether an act is a misdemeanor or a felony. Performing indecent exposure in front of a child is likely to qualify as a felony whereas doing so in front of an adult can be considered a misdemeanor.
The legal term stare decisis is extremely important in legal prosecutions, as…
Bacigal, R. (2008). "Criminal Law and Procedure: An Overview." (Cengage Learning)
Barkow, A.S. & Barkow, R.E. (2011). "Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct." NYU Press
Siracusa Principles Empowering Public Health
Investing in public health is substantial for the prosperity of human rights. This is based on the knowledge that public health commitment is a collective focus attempting to minimize the gap between the rich and the poor in accessing health resources. As a result, public health policy formulation is possible through national and international legislations. A good example of this legislation is the Siracusa principles. This study examines the various roles played by Siracusa principles in improving public health administration both nationally and internationally. This discussion will present a critical analysis of the background that lead to the development of this legislation and the impact it has had on general human rights practice. This study also focuses on the impact of the Siracusa principles in facilitating public health administration whilst using the Medicaid as a close example of its influence (Grodin et al.,…
Burchill, R., Davidson, S., & Conte, A. (2013). Defining Civil and Political Rights: The Jurisprudence of the United Nations Human Rights Committee. New York: Ashgate Publishing
Grodin, M., Tarantola, D., Annas, G., & Gruskin, S. (2013). Human Rights in a Changing World. New York: Routledge
Olesker, R. (2007). The Value of Security Vs. The Security of Values: The Relationship Between the Rights of the Minority and the Security of the Majority in Israel. New York: ProQuest.
Criminal Cases and Their esolutions
Discuss one (1) real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. (Jodie Arias)
The Jodi Arias case is being tried in Maricopa County by the Maricopa Superior Court. The reason why that court took jurisdiction is because the crime was allegedly committed in Mesa Arizona. Mesa is located in Maricopa County. Part of the reason that the court was tried by the Superior Court was connected to the fact that the Arias was charged with murder in the first and because the state sought the death penalty. Thus, the stakes are high enough to warrant the use of the superior court. "The case has not yet been sent to the jury for their determination on whether Petitioner is not guilty or guilty of…
Doward, J. (2005). 'My home is now my prison cell'. Retrieved from thguardian.com: http://www.theguardian.com/media/2005/feb/20/broadcasting.childrensservices
Newcomb, A. (2013, Jan 27). Former Ms. Washington Takes Plea Bargain in Murder Case. Retrieved from abcnews.go.com: http://abcnews.go.com/blogs/headlines/2013/01/former-ms-washington-takes-plea-bargain-in-murder-case/
Nurmi, L. (2012). APPLICATION FOR INTERLOCUTORY STAY OF AGGRAVATION TRIAL . Retrieved from abc15.com: http://media2.abc15.com/html/pdf/Stay.pdf
Palta, R. (2012, June 13). Researchers say plea bargains actually send innocent defendants to jail. Retrieved from scpr.org: http://www.scpr.org/blogs/news/2012/06/13/6603/plea-bargainings-innocence-problem/
Mobile surveillance is when officials are monitoring the cell phone communication of a suspect. A good example of this; is when federal agents are listening in on the cell phone conversations of suspected terrorist leaders. (rookes, 2001)
Camera surveillance is when video cameras are used to monitor what is occurring at a particular location. A good example would be when; surveillance cameras are used to monitor public infrastructure such as: the subway system for suspicious activity. (rookes, 2001)
Social networking analysis is when you are monitoring the overall activities of someone on the different social networking sites. During the course of a terrorist operation, this would be used to establish the overall personality of the suspect; and determine how they are connecting with the rest of the organization. (rookes, 2001)
iometric analysis is when you are using biological features to identify suspects, such as: finger prints or facial…
Multijurisdictional Drug Law Enforcement Strategies. (1993). Washington D.C.: U.S. Government Printing.
Brookes, P. (2001). Electronic Surveillance Devices. Woodburn, MA: Reid Educational and Publishing.
Dempsey, J. (2009). An Introduction to Policing. Clifton Park, NY: Delmar.
Schmid, a. (2006). Political Terrorism. New Brunswick, NJ: Transaction Publishers.
A also consider that a proper legislation should protect the surrogate mother, in order to avoid situations in which her rights would not be respected. Therefore, she should be paid her medical expenses and, as a sort of benefit for her act, she should be granted a free medical insurance and the right to free medical analyses. Moreover, the legislation should stipulate that the surrogate mother should be of the same nationality - American in this case - as the future parents, in order to avoid situations as those which occurred in the Indian women case, who have thought to have been abused, a thing they have accepted because of their poor material status.
All in all, it seems that gestational surrogacy is not among the best surrogacy practice, and this is because of the ethnic, legal and cultural misunderstandings it might generate. In addition, I consider it should be…
Ciccarrelli, John K., and Janice C. Ciccarrelli. "The Legal Aspects of Parental Rights in Assisted." Journal of Social Issues 61 (2005): 127-137. Tufts Library. 17 Mar. 2007.
Baker, Brenda M. "A Case for Permitting Altruistic Surrogacy." Hypatia. Bloomington 11.2 (1996): 34. Alt-Press Watch. Tufts Library. 17 Mar. 2007. http://proquest.umi.com.ezproxy.library.tufts.edu/pqdweb?did=9766076&sid=1&Fmt=3&clien tId=28972&RQT=309&VName=PQD>.
Ciccarrelli, Janice C., and Linda J. Beckman. "Navigating Rough Waters: an Overview of Psychological Aspects of Surrogacy." Journal of Social Issues 61 (2005): 21-43. Tufts Library. 17 Mar. 2007.
Douglas, Carol Anne. "Women as Wombs." Off Our Backs Jan. 1994: 12. Alt-Press Watch. Tufts Library. 17 Mar. 2007, at http://proquest.umi.com.ezproxy.library.tufts.edu/pqdweb?did=592569041&sid=11&Fmt=3&clientId=28972&RQT=309&VName=PQD .
All these aspects of a B2B transaction, when consistently executed on, create a level of trust that becomes one of the strongest and most unassailable differentiators there are in a market.
Companies occupying the second highest layer, Collaborating, are using portals and other Internet-based tools to maximize information sharing and co-development of strategies and the co-sharing of communications tools and ultimately platforms. Security, DRM and digital signature strategies all aimed at increasing trust as a differentiator; apply equally across B2B and B2C selling strategies, with B2B-based approaches having the greatest long-term impact on eventually quantifying trust and leading to greater levels of synchronization across channel, supply chain, and selling partners.
Anticipating, the second highest level in the maturity model, is where the majority of companies are today from both a B2B and B2C perspective. The focus on making a strong correlation between making information flow optimized vs. striking a collaborative…
Tanya Trucker and Confusion
Tanya Trucker and the State of Confusion
In the State of Confusion, trucks that travel through must use a B-type hitch on all trucks and towing trailers, however, Tanya Trucker, who lives in another state, Denial, but must have her trucks travel through Confusion, does not like the added expense the B-type hitch law requires. She wants to take the State of Confusion to court and challenge the law, especially since the federal government has made no such regulations involving the hitches on trucks. She feels that the extra regulation imposed by the State of Confusion is an undue burden on her business and wants the courts to stop Confusion from enforcing this law. There are many issues involved in this case, such as, the relationship between states and the federal government, which court will hear the case, is the regulation even Constitutional.
Since Tanya Trucker's…
Carroll, Michael. (2011). "The Supremacy Clause v. S.B. 1070..." Albany Government
Law Review. Retrieved from http://aglr.wordpress.com/2010/07/18/the-supremacy-clause-v-s-b-1070-can-arizona%E2%80%99s-strict-illegal-immigration-law-withstand-constitutional-challenge/
Radcliffe, Mark. Diane Brinson. "The U.S. Legal System." Findlaw.com. Retrieved from http://www.brainmass.com/homework-help/business/business-law/364932
A finding that the "Smithville crossing is extremely hazardous" is a finding of fact. Anytime that a court is discussing a finding of fact, it cannot simply rely on stare decisis, but must examine whether the factual situation has remained the same since announcing the first rule. For example, the Smithville crossing could be extremely hazardous in rainy May weather, but not hazardous in dry December weather. In addition, the Regional Transit Authority may have placed appropriate warnings or safety devices, which would have changed the nature of the crossing. Therefore, the court may not accept the conclusion announced in the Walters case. However, if the factual conditions did not change between the two accidents, the court should recognize its own precedent and follow the Walters decision.
7. When a court makes its decision effective as precedent at a date in the future of its decision, it generally does so…
Should Sherriff's be Elected?
Across the nation popular election is the almost standardized means of selection of the sheriff. Sheriffs are elected to four-year terms in forty one states, two-year terms in three states, a three-year term in one state and a six-year term in one state. The races are on a partisan ballot in forty states and on a non-partisan basis in six states. A small number of states do not have the office of sheriff. "There are no sheriffs in Alaska and that office was essentially abolished in the year 2000 in Connecticut. Hawaii does not have the position traditionally associated with the office of sheriff. In hode Island, the governor appoints the sheriff. In two Colorado counties and Dade County, Florida, sheriffs are appointed by the county executive" (Elected office of the sheriff, n.d.). Some jurisdictions have explored switching to a system of appointed sheriffs…
Dan Smith - Bell County Sheriff. (n.d.). Retreived from http://www.co.bell.tx.us/Sheriff/03aboutthesheriff.htm
Elected office of the sheriff. (n.d.). Retreived from http://www.sheriffs.org/sites/default/files/tb/The_Elected_Office_of_Sheriff
Killeen Police Department. (2012). Retreived from http://www.killeentexas.gov/index.php?section=226
In modern terminology, and for foreign policy, political science and international law, crimes against humanity are any atrocious act committed on a large scale. They can be prosecuted in most any Federal Court ystem, depending on where they occurred and which population was part of the criminal activity. The implication for international law is that crimes against humanity are subject to universal jurisdiction, which means that tates can exercise their own jurisdiction regardless of where the crime was committed, and that all tates also have the obligation and duty to assist each other in the defense of these sorts of activities. It is also important to note that no human, regardless of affiliation, is immune from prosecution, even heads of state, and on person can plead a defense as obeying orders.
Part 3 -- Is it legally justified to invade/occupy another country in the name of arresting/hitting terrorists? International cooperation…
Dyson, W. (2012). Terrorism: An Investigator's Handbook. Waltham, MA: Anderson
McCormack, W. (2007). Understanding the Law of Terrorism. New York: Lexis Nexis.
Title of agency, not plagiarized
egulation and accreditation of higher education refers to control processes carried out on institutions offering higher education with the aim of ensuring that they operate according to some set standards.
Higher education regulation generally refers to the imposition of requirements, conditions or standards which institutions offering higher education are expected to meet so as to ensure that they operate in a manner that promotes the interest of the public. egulation of higher education is mostly done by regulatory bodies that are established by a legal mandate of a country of jurisdiction. egulatory bodies are required to enforce the set requirements or conditions established by the laws of a certain jurisdiction and ensure compliance by the institutions offering higher education (Kaplin & Lee, 2007).
Accreditation of higher education, on the other hand, refers to the determination of whether the higher education being offered, e.g. By an institution of higher learning, is…
Bloland, H.G. (2001). Creating the Council for Higher Education Accreditation (Chea). Phoenix, Arizona: Greenwood Publishing Group.
Hentschke, G.C., Lechuga, V.M., & Tierney, W.G. (2010). For-Profit Colleges and Universities:. Sterlin, Virginia: Stylus Publishing.
Kaplin, W.A., & Lee, B.A. (2007). The Law of Higher Education. New Jersey: John Wiley & Sons.
Middaugh, M.F. (2011). Planning and Assessment in Higher Education:. New Jersey: John Wiley & Sons.
Expenditure Revenue Analysis
NY PA Expenditure
hile governmental entities must strive to serve the public good to the best of their abilities, public administrators must navigate an environment of extreme complexity in which the allocated capital funds are put to their best use. The administration of the capital budgeting process can be extremely time consuming, confusing, and expensive. This research will discuss capital budgeting policies and procedures in the states of New York as well as Pennsylvania for the fiscal years of 2009 and 2010. These governmental entities generate funds through taxes, public debt, inter-governmental transfers and various businesses owned by the government and capital projects represent a significant portion of the state's responsibilities. ith the use of a prepared financial analysis, this paper will describe current practices and examine how debt ratio affects borrowing and investment opportunities for the two governmental entities.
Much of public spending on capital projects…
Aschauer, D. (1989). Does public capital crowd out private capital? Journal of Monetary Economics, 171-188.
Borio, C., & Zhu, H. (2011). Capital regulation, risk-taking and monetary policy: A missing link in the transmission mechanism? Journal of Financial Stability, In Press.
Bronzini, R. (2009). Determinants of long-run regional productivity with geographical spillovers: The role of R&D, human capital and public infrastructure. Region Science and Urban Economics, 187-199.
Butler, A. (2009). Corruption, Political Connections, and Municipal Finance. The Review of Financial Studies, 2873-2905.
Grand corruption is a serious issue throughout the world which has led to the development of many different laws. The United Nations defines grand corruption as "corruption that pervades the highest levels of a national Government, leading to a broad erosion of confidence in good governance, the rule of law and economic stability ("United Nations Convention against Corruption")." Grand corruption is such a concerning issue because of the costs associated with this deceptive activity. Eliminating grand corruption has become a major quest of NGOs such as the UN. According to an article entitled "The Global Programme against Corruption" published by the UN, efforts to raise awareness about corruption have been made since 1994. The report explains that corruption has an insidious nature and can have devastating impacts on entire countries and their citizens. The report asserts that "Corruption not only distorts economic decision-making, it also deters investment, undermines competitiveness and,…
"African Charter on Human and People's Rights." http://www.achpr.org/english/_info/charter_en.html
Argandona A., (2007) The United Nations Convention Against Corruption and its Impact on International Companies . Journal of Business Ethics 74:481 -- 496
Baker, Raymond. 2005. Capitalism's Achilles Heel: Dirty Money and How to Renew the Free-Market
System. John Wiley and Sons, Inc.