Legal Drinking Age Be Lowered to 18 RESOLVED: At present the minimum legal drinking age of 21 years of age is controlled by the federal government by means of federal highway funds. This strips states of their right to self-govern and the higher ML Continue Reading...
Gun Control Legislation The availability of and access to firearms which is enshrined in the U.S. Constitution by the Second Amendment has created a multitude of consequences for modern Americans. The impacts of a loosely regulated gun market inclu Continue Reading...
Kelo vs. New London There are two dissenting opinions written concerning the Kelo vs. New London case; one written by Justice O'Connor and the second one written by Justice Thomas. Each of these dissenting opinions offers a unique look at why the co Continue Reading...
Supreme Court of Mississippi. CASH DISTRIBUTING COMPANY, INC. v. James NEELY. Facts In 1973, James Neely started working for Cash Distributing Co., a company that distributed Anheuser-Busch products in several parts of the United States. The compan Continue Reading...
Right to a Jury Trial A legal proceeding whereby a jury makes decisions or findings that are factual that are then applied by a judge is known as a jury trial. It is different from a bench trial where the sole decision maker is a panel of judges or Continue Reading...
National Rifle Association (NRA) represents individuals and groups who are concerned about losing their right to own guns and as a hunter this is of utmost importance to me. They are concerned about losing the right to keep and bear arms which is gua Continue Reading...
court of criminal appeals of Texas, PD-0307-09 Ronald Wilson, and appellant v the State of Texas. (CCA (a), n. d.) The court of Appeals case was: 04-07-00737-CR, and was affirmed. The appeal came from the trial court: 290th District Court of the Bex Continue Reading...
Government originalism OR non-Originalism Non-Original Interpretation of the Constitution A substantial amount of debate has occurred in recent times regarding questions of legislation and the interpretation of the constitution. The two primary fac Continue Reading...
Factual Summary The case brought by the plaintiff alleges that the actions of the defendant constituted both a public and private nuisance. In bringing the action the plaintiff claims that the defendant in operating his large commercial dairy farm p Continue Reading...
legal tactics that are used is the power of attorney. This is a written document that is authorizing one person to act as an agent for the benefit of another party. However, depending upon the intended purpose there are a number of different powers Continue Reading...
This 'law and order' approach, however, will tend to invoke discomfort amongst civil libertarians, who will object to the danger that this poses to the constitution. Accordingly, we consider the Due Process Model of criminal justice, which U.S. Leg Continue Reading...
Americans have even been moved to call the document divinely inspired, in another irony, as Constitution gives the right to every American to worship as he or she chooses, free of state influences. Kammen convincingly shows that how Americans feel Continue Reading...
They are occasionally informed too poorly to make an opinion, or are simply uninterested in some aspects of politics. Public opinion used to be measured through voting, letter writing, and demonstrating. However, those who write letter and demonstra 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...
" (U.S. Equal Opportunity Employment Commission, nd) This is a voluntary mediation agreement, which may opt out of by the employer or the employee. The benefits of the UAM include: (1) "UAM demonstrates from the outset a company's willingness to medi Continue Reading...
" Further, it is held that "a material misrepresentation in the certifications (bid) generally provides a basis for rejection of the proposal or reevaluation of the award decision." Thus, it can be said that if a challenge shows a material misreprese Continue Reading...
(see verbal contract law at (http://www.onlinelawyersource.com/contract/verbal.html) As is detailed in the lawsuit Chappelle offered Abuelhiji terms through a several week negotiation (July-August 2004), that was finalized by Abuelhiji's acceptance Continue Reading...
Individuals who are arrested for a deportable offense can be held under mandatory detention by the U.S. Immigration Services until the immigration proceeding takes place, even though their only crime may be that they entered the U.S. without a visa 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...
Charleston Insurrection Conspiracy as Interpreted by M. Johnson, E. Pearson, D. Egerton, and D. Robertson In its October 2001 issue, the history journal William and Mary Quarterly featured a review essay in its Forum section entitled, "The Making o Continue Reading...
Admissibility of Evidence at Trial If the goal for a trial is the search for justice, why should there be rules that limit a juror's ability to render a verdict only to that information gathered in compliance with the Constitution and approved by th Continue Reading...
Prosecutor Overreach The legal system serves as the cornerstone of modern society. This system ensures that the public good is maintained and that the social fabric of society is preserved at all times. A prosecuting attorney has a unique position w Continue Reading...
It also states that even if the court-appointed examination in a mental facility finds Holmes insane, he could still be found guilty. Once again, the tone of the article is factual, although it does not really present the arguments of the two opposi Continue Reading...
private vs. public defense Anyone who has been charged in the court of law automatically needs to some form of legal representation. Criminal defense lawyers therefore represent those people who have been charged with crime. However there is a diff Continue Reading...
Criminal Trials and Sentencing Pre-Trial Process Post Arrest In a 2010 report, it is stated that Courtney Elizabeth Hernandez, of Killeen, Texas, was charged with the kidnapping of a 2-1/2-year-old girl. The Defendant was given permission by the m Continue Reading...
Parens Patriae Four alleged juvenile delinquents in the Marion County Juvenile Court were tested for competency under the adult competency statute, were found to be incompetent and were ultimately ordered to the mental health division of Indiana. Th Continue Reading...
Smoking Gun in December 2005, actor/comedian Dave Chappelle was being sued by his manager for breach of contract. The report claimed that the actor and comedian had stiffed his personal manager more than $864,500. Mustafa Abuelhija, the actor's pers Continue Reading...
Right to Privacy, 1st Amendment The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to prote Continue Reading...
Torts What torts are present in the scenario? In the scenario with Phyllis there are several different kinds of tort that are present. These include: negligent and strict liability tort. Negligent tort is when a person is engaged in carelessness th Continue Reading...
" (Spohn, 2009, p. 105) However, there is a distinct advantage to having a private attorney when it comes to the sentencing aspect of the proceedings. Studies have indicated that "a higher percentage of defendants with public defenders are sent to pr Continue Reading...
Contract Several elements determine the enforceability and validity of a contract. Similarly, several elements can cancel an agreement between two or more parties and/or void a contract. To determine what makes a contract enforceable, and how to le Continue Reading...
Psychologists and Jury Selection Jury selection is basically a process that involves three stages which include voir dire, developing a list of eligible citizens and choosing those to call in a specific case. Voir dire is an Anglo-Norman phrase that Continue Reading...
A related case of Toxic Torts occurred in East Anglia, where chemicals from a factory seeped into a dam (Barcelona Field Studies Centre, 2009). The best risk management method is prevention. While Alumina's current situation is somewhat dire, the c Continue Reading...
In fact, the Court distinguished between Pickering's rights as citizen and his rights as an employee of an institution. Subsequent related Supreme Court decisions have continued to distinguish between an employee's rights as a citizen vs. The member Continue Reading...
If Chief Justice Hughes and his five aged associates had chosen to remain, the membership of the court would have been enlarged from nine to fifteen" (Pusey 1995). A small group of constitutional lawyers advised Roosevelt in the construction of the Continue Reading...
For this reason pro bono services are available. Many senior citizens also qualify for legal aid. Legal aid is a program for all Americans who live below the poverty line, including senior citizens. Legal Aid is funded by the Legal Services organiz Continue Reading...
Some of the most important tools in the arsenal of the fire investigator include the senses of smell, touch, and physical manipulation. Likewise, the process of logical deduction often provides the correct forensic analysis of the evidence. Under F 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...
Social psychologists have shown that a group can be heavily influenced by the dominating, authoritarian decision making of one or more strong supporters of the death penalty. Despite the democratic process of picking jury members, many typical jury Continue Reading...
The groundskeeper explained to the golfers, you are lucky to be alive, "You were sitting on a box of dynamite." The headline of small yet front page article LEOPOLD and LOEB OUGHT to READ THIS. A completely unrelated story of luck, becoms a very sob Continue Reading...
