1000 Search Results for Supreme Court and the Constitution
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, trucker Continue Reading...
The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil Rights Act of Continue Reading...
This information is important, because it shows how Northerners did not fully understand the way that they indirectly supported slavery. Where, the various raw material produced by slaves, would be used to help benefit the citizens in these areas an Continue Reading...
Right to Die Cases
The very public, legal and ultimately political saga of Terri Schiavo brought not only national but international attention to the right to die issues and echoed a similar battle which took place some fifteen years earlier concern Continue Reading...
political representation of African-Americans in the southern United States. The author explores many different theories as well as the ideas of Malcolm X and Martin Luther King to explore the under presentation of Blacks politically. There were eig Continue Reading...
Stress: Regulation of Wetlands in the United States
Regulation of Wetlands in the United States
Defining Wetlands 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 ma Continue Reading...
Anti-Miscegnation Statutes in the United States
Anti-Miscegenation Statutes in the United States
Previous to Loving v. Virginia, there were several cases on the subject of miscegenation. In Pace v. Alabama (1883), the Supreme Court made a ruling th Continue Reading...
In addition to the argument that the law's requirement of hanging the Ten Commandments is contrary to a country with no established religion, the commandments were also serving no functional purpose but a religious one. In many schools, the teachin Continue Reading...
While this is the amendment that allows prison work camps and work programs, as well as the requirement that criminals participate in the maintaining of their prisons, it serves a much larger purpose, mainly expressing that a right contained in the Continue Reading...
Employment Law
Hypothetical Case:
John is an employee in a private sector organization. He wants to file a discrimination complaint against his employer. How will he proceed?
Laws Prohibiting Job Discrimination
There are several U.S. federal laws Continue Reading...
Supreme Court Bill of Rights Case
Terry v. Ohio introduce the Terry frisk into police procedure, allowing officers to have the right to stop and frisk or do a surface search of individuals on the street even without probable cause. All the officer w Continue Reading...
Employee Privacy Torts
History of Employee Privacy
Changing Trends of Employee Privacy
Impact of Innovative Technology on Employee Privacy
Role of Social Media towards Employee Privacy
Impact of Changing Community/Society on Employee Privacy
Ad Continue Reading...
' This vague, amorphous threat posed by Japanese-Americans to the West Coast, of course, was not similarly seen in the faces of Caucasian German-Americans, against whose nation the U.S. was also in military conflict. As eloquently expressed in the di Continue Reading...
Rights of the Accused
The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, t Continue Reading...
The appellant could not have reasonably foreseen the danger that the dropped package posed to the respondent, therefore the claim of negligence is unsupported by the facts.
HOLDING: Judgment reversed.
Lucy v. Zehmer, 196 Va. 493, 84 S.E.2d 516 (19 Continue Reading...
amendments are an important part of the U.S. constitution and their effect on the legal system.
Generally, the constitutional amendment process is crucial to the United States Constitution and legal system because it allows it to grow and incorpora Continue Reading...
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President Bush's Military Order (M.O.) of November 13, 2001, are Continue Reading...
The Court also stated that if an individual indicates at any time that he wants to remain silent, the interrogation must stop; any statement taken after this time is the product of compulsion. Silence can never constitute a valid waiver.
Dissent: J Continue Reading...
The Burger Court held that the prosecution simply needed to establish by a preponderance of the evidence that the evidence illegally obtained would have been lawfully and inevitably discovered. The Burger Court did not think that a police officer wo Continue Reading...
Adarand v. Pena
Summary of Case:
Federal and State laws allow race-based remedial action at the federal, state and local government levels. The laws are designed to benefit "socially and economically disadvantaged individuals." At the same time, th Continue Reading...
Jurisdiction
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 l Continue Reading...
Wade, Planned Parenthood of Southeastern Pa v. Casey; Stenberg v. Carhart, where the courts, with public concurrence, have debated the question of whether or not a partially birth child is indeed a person whose right to live should be challenged.
T Continue Reading...
RIGHTS VS. NATIONAL LAWS
National laws formulated and implemented by the federal government have often been criticized for their centralizing effect and for restraining/restricting the power of state laws. In a republican form of government, state Continue Reading...
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 Continue Reading...
BARTNICKI v. VOPPER
INTRODCUTION
In Bartnicki v. Vopper, the Supreme Court ruled that the First Amendment protects the news media even when they broadcast private cellular-phone conversations that were illegally intercepted by someone else. Ruling Continue Reading...
Miranda Rights
Scenario #1
In 1966 the Miranda v. Arizona case ushered in the era of police informing suspects of their constitutional rights under the Fifth Amendment to the Constitution. This case is universally accepted as critical to protecting Continue Reading...
Election:
The coming presidential elections in the United States will be conducted on Tuesday, November 6, 2012 and will be America's 57th quadrennial presidential election. As the election approaches, various initiatives and measures have been tak Continue Reading...
The website explained that the law's necessities turned on a person's finding of guilt alone a fact that a person had already had a procedurally protected occasion to challenge. Even if the person could show that he was not liable to be presently ha Continue Reading...
Analysis: Hamacher was denied admission as a freshman applicant, but would have been admitted if he was a member of an underrepresented minority applicant. Hamacher was able and ready to apply as a transfer student, which gave him standing to seek Continue Reading...
In fact, he repeatedly told officer Friday that he had no interest in doing so. In Sherman v. United States, the Court held that "a line must be drawn between the trap for the unwary innocent and the trap for the unwary criminal." 356 U.S. 369, 375. Continue Reading...
The problem of determining the right approach is compounded by the effects of the culture of violence to which many young offenders are exposed. In some cases, it is possible to reform their behavior but in other cases, juvenile offenders already t Continue Reading...
The 14th also lays down the rules as to how the U.S. Congress is made up, it points out that no one can be elected to national office if they have been found guilty of treason. The 14th also deals with the legal rights of slaves after the Civil War; Continue Reading...
Christie provides a few examples of how lawyers use the superimposition of several vague terms to arrive at a workable precision. From the 1938 Restatement of Torts:
An activity is ultrahazardous if it (a) necessarily involves a risk of serious har Continue Reading...
Pre-Law Curriculum for the Sixth Grade
Governmental Background
These courses are drafted to create a strong background and knowledge base for the student to explore a career in the legal field in America to a range of degrees.
The American Federal Continue Reading...
The decision in Lawrence Case has certainly opened a door for other important causes like gay marriage, for example. From this moment on, marriage became the final battleground in the quest for true equality, and judges have favorably pointed to La Continue Reading...
Amendments to the Constitution
In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hea Continue Reading...
Mandatory Sentencing
Public policy, crime, and criminal justice
Mandatory Sentencing: Case Study Critique
The prime grounds of mandatory sentencing laws are utilitarian. The laws come with long prison sentences for recidivists, drug dealers and is Continue Reading...
TSA
Since the terrorist attacks of September 11th, 2001, when members of al-Qaeda hijacked passenger planes and flew them into various targets in the United States, the Transportation Security Administration has aggressively expanded its surveillanc Continue Reading...
Tresspas
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION ONE
SHREK, THE OGRE )
Plaintiff and Respondent, )
) Case CJ -- 2012-1014
FAIRYTALE CREATURES and LORD FARQUAAD )
Defendant and Appellant )
STATEMENT OF Continue Reading...
While this does not seem ethically questionable on the surface, it is certainly questionable when one considers that the only way for a capitalist to keep being a capitalist is to keep acquiring capital, and the only way to acquire capital is to exp Continue Reading...