180 Search Results for Due Process and the 14th Amendment
start of western civilization, societies have sought a balance between order and liberty. It has always been the responsibility of government to maintain order for the safety and well-being of its citizens, but questions have remained as to the exte Continue Reading...
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing Continue Reading...
Criminal Law
Title and Citation
The type of case that was selected is Fisher v. Texas. ("Fisher v. Texas") (Wermeil)
Type of Action
It is an affirmative action case that originated in U.S. federal court and was decided at the U.S. Supreme Court i Continue Reading...
Same Sex Marriages Should Be Legally Sanctioned
Some of the most pervasive problems that exist within American society today are the problems of prejudice, stemming from fear of what is different and seems to be alien. Only by making what is alien s Continue Reading...
California Proposition 8: Same Sex Marriage
The equal right to marry for same-sex couples in the United States has acquired growing public support over time, with a quantity of state-level laws passed and others presently up for debate. Proposition Continue Reading...
My overall advice to Mr. Smith would be that he has a weak case, at best.
Question Two:
To evaluate whether Susie has a valid equal protection claim, one must start by determining whether the city ordinance is a state action. As a city is a branch Continue Reading...
Civil Liberties
The Bill of Rights was added to the U.S. Constitution in 1791. These are the first 10 amendments of the constitution, and were specifically created to facilitate the civil liberties of those who are lawfully included in the United S Continue Reading...
Constitutional Amendment
The 14th Amendment to the U.S. Constitution relates to the birth provision and citizenship by the process of naturalization. This law states that all persons born or naturalized in the United States are its citizens and th Continue Reading...
(387 U.S. 33). Furthermore, the notice requirement meant that allegations had to particular. (387 U.S. 33). The juvenile and his parents did not get notice until the hearing on the merits, which meant that it was not timely notice. Furthermore, Ariz Continue Reading...
Hypotheticals
Brian Short v. State of Florida
Is it legal for the State of Florida to prohibit the marriage of two very short people to each other, using the rationale that two short people are likely to produce short children and short children ar 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...
Murder and Injustice in a Small Town
Death sentence
Are you innocent until proven guilty?
The constitution of the U.S.A. has the provision of being treated as though one is innocent until the due process of the law takes its course and one is prov Continue Reading...
Police Officer Murder Death Penalty Scenario
The case of 20-year-old Jesse James, who was recently arrested for the alleged murder of a police officer, is one which is sure to arouse the public's sense of righteous indignation, with friends, family Continue Reading...
Laurel v. Hardy
Main issue: Laurel and Hardy, a professional comic duo, entered into a contract that agreed if they ever disbanded their partnership, they would refrain from using each other's material without compensation to the other party. After Continue Reading...
Social Contracts:
Media Articulation Of The Rites Of
HETEROSEXUAL vs. HOMOSEXUAL MARRIAGE RIGHTS
In the Land of the Free where the Bill of Rights is supreme, all marital unions between consenting adults should be accorded the same level of societ Continue Reading...
Even in the 2008 general election, which had widely-touted voter turnout, a number of eligible people did not vote. Michael McDonald engaged in a complex study, which not only looked at people in the population who were age-eligible for voting, but Continue Reading...
Hate Speech
Constitutionality of hate-speech laws and legislation
College campus hate-speech codes,
Fighting words; hate symbols
State interest in regulating hate-speech,
Arguments for and against such laws and codes,
First Amendment protection Continue Reading...
Constraints of Blacks
Discussion the geographic spaces and constraints of Blacks in the United States between 1865 and 2010.
Reconstruction Period
Throughout the reconstruction period several acts were passed that were intended to integrate Africa Continue Reading...
Rethinking Roe v. Wade
Roe v. Wade, the landmark decision made in 1973, legalized first-trimester abortion, and was a historic decision that changed the course of our country morally and spiritually. Many people still question whether the United Sta Continue Reading...
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Radical abolitionists began springing up all across the nation. They started a movement early in the 19th century and gained power and strength as more people began to speak out against the owning of human beings.
Many abolitionists defied the or Continue Reading...
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomp Continue Reading...
The other colored groups like the Asian-Americans and African-Americans supported the measure. The changes came when the bill came to the legislature and on that day, 77% of the Latinos voted against the bill along with 53% of the Asian-Americans an Continue Reading...
S. have tried to govern themselves. You can use the Internet, but don't use the Internet exclusively. Also, try to research different nations, not just the U.S. I've given a brief overview of the Bill of Rights, one of the most important and conteste Continue Reading...
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived wi Continue Reading...
"As a case in point we may take the known fact of the prevalence of reefer and dope addiction in Negro areas. This is essentially explained in terms of poverty, slum living, and broken families, yet it would be easy to show the lack of drug addicti Continue Reading...
Such is the case with Tennessee v Lane, a case in the Supreme Court that focused on the legality of Congress to enact laws such as the Americans with Disabilities Act under section V of the Fourteenth Amendment. The High Court ultimately found that Continue Reading...
Unlawful Detention at Guantanamo Bay
In his book The Enemy Within, author Stephen J. Schulhofer notes, "In the two months following September 11, approximately 1200 foreign nationals living in the United States were arrested and detained by federal Continue Reading...
The legalistic method of policing also provides laws and mandates that provide not only officers but citizens the ability to enforce social order. A citizen's arrest allows a citizen who has witnessed a crime to arrest the suspect even if an office Continue Reading...
Institutional Authority vs. Law Enforcement on Campus
The purpose of this work is to examine the legal and ethical consideration that governs the "division of authority" between educational institutions and the law enforcement agencies, or campus po Continue Reading...
rights of juveniles in regard to criminal proceedings have been highly debated for a number of years. It is an issue that continues to be debated and the likelihood is that it will remain so. Needless to say, juveniles charged with criminal offenses Continue Reading...
Humes sees this as a defect of the system both from the point-of-view of justice and rehabilitation. On one hand, it is not fair that a family has less time to talk about the loss they have experienced, simply because the person who victimized thei Continue Reading...
Political Science
Inequality, Voting and American Democracy. The American political system has always prevented electoral participation by certain social groups, especially those with the fewest resources. The obstacles to participation have changed Continue Reading...
Same sex marriage is not even worthy of debate anymore -- it is the law. The debate was never credible in the first place -- the side standing against it never once had a valid argument. The idea that this is controversial at any point in the 21st ce Continue Reading...
Slaughterhouse Cases, Takings Clause
PART I Slaughterhouse Cases
198 U.S. 45 Lochner v New York 1904 (Oyez, 2013)
UNITED STATES SUPREME COURT
Joseph Lochner
The People of the State of New York
TABLE OF AUTHORITIES
FACTS -- Lochner was convicte Continue Reading...
Case Analysis PaperCase #1: Weaver v. Nebo School District, 29 F. Supp. 2d 1279 (D. Utah 1998) (p. 557)Parties: The Plaintiff in this case was Wendy Weaver and the defendants included the Nebo School District (a public school district in the southern Continue Reading...
gay and lesbian individuals should be allowed to legally marry. Same-sex marriage has been made legal in nine states (as of November, 2012). However, "Between 1998 and 2006, twenty-seven states amended their constitutions to prohibit same sex marria Continue Reading...
In fact, the language specifically includes all people in an effort to create a place where all people are free. A law that infringes upon the rights of a citizen to be free is a law that must be changed.
The second part of the 14th amendment upon Continue Reading...
The pro-life sections were deeply disappointed as they had considered Casey as an ideal opportunity for the Court to overturn Roe.
Legal Reaction to the Case
The legal fraternity realized that the U.S. Supreme Court was loathe to re-visit its prev Continue Reading...
Student Bullying/Discipline
1. Abstract
According to the Illinois Legal Aid Online (2018) Bullying can be understood as the aggressive and unwanted traits espoused by school going children. The traits entail some perceived or real power imbalance. So Continue Reading...
Lawrence v. Texas (2003) and McLaughlin v. Florida (1964)
While McLaughlin v. Florida (1964) is often hailed as a significant case with regard to the constitutional status of interracial intimacy - particularly non-marital; many regard Lawrence v. T Continue Reading...