U.S. Supreme Court and the Rights of Inmates The objective of this study is to identify the constitutional amendments that deal directly with the rights of correctional inmates. For each amendment, this work will describe the rights of inmates and c Continue Reading...
U.S. Supreme Court: Kelo v. New London (2005) Supreme Court case Kelo v. City of New London involved the issue of eminent domain which is granted to governmental bodies including federal, state and local governmental bodies by the Fifth Amendment to Continue Reading...
S.C.O.T.U.S. The Supreme Court of the United States There are currently nine Justices on the Supreme Court of the United States, one Chief Justice and Eight Associate Justices; although in the past the number has varied and recent attempts to change Continue Reading...
The appellate court applied the precedent of Saucier v. Katz (2001), which states the application of the qualified immunity test. According to Saucier, an officer can be stripped of qualified immunity protection only if their conduct violates a cons Continue Reading...
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventi Continue Reading...
Is the EEOC's understanding of its rule entitled to respect under Long Island Care at Home, Ltd. v. Coke, 127 S. Ct. 2339 (2007) -- a case decided twelve days after the Eighth Circuit delivered its decision in this case? Martel v. Clair - Docket N Continue Reading...
5 May, 2005. Retrieved at http://news.public.findlaw.com/ap/o/51/05-06-2005/ca790022a837290c.html. Accessed on 11 May, 2005 Civil liberties groups unite against a surveillance society. 21 April, 2005. Retrieved at http://www.out-law.com/php/page.ph Continue Reading...
heard in the U.S. Supreme Court -- Washington v. Harper -- will be the focus of the first part of this paper. The second part reviews prison conditions in Texas. Washington v. Harper -- Part One This was a case resulting from the unstable mental c Continue Reading...
1. What are the ethical obligations of judges when it comes to political matters?Judges in the American Courts are required to adhere to the Code of Conduct for United States Judges. The primary principle of judicial ethics is in Rule 1.2 of the Mode 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...
Supreme Court Chief Justices Warren and Rehnquist Compare and contrast approaches to criminal procedures by U.S. Supreme Courts: The Warren vs. The Rehnquist Court A common philosophical debate within the legal community is when the approach advo Continue Reading...
Terry v Ohio (Supreme Court, 1968) -- Found that the 4th Amendment prohibition on unreasonable search and seizure is not violated when an officer of the law stops a suspect on the street and frisks them with probably cause to arrest if there is reas Continue Reading...
ATLANTA MOTEL v. UNITED STATES, 379 U.S. 241 (1964) 379 U.S. 241 In the Court of: U.S. Supreme Court Argued on: October 5, 1964 Decided on: December 14, 1964. Facts Reasons for the Lawsuit: The appellant is the owner of a large motel (Heart of Continue Reading...
Same Sex Marriage Clearly explain the SCOTUS's ruling on same-sex marriage. Make sure to discuss the constitutional issues on this ruling. In Obergefell v. Hodges, the U.S. Supreme Court is focusing on if same sex couples have the right to marry. T Continue Reading...
United States Supreme Court ruling on same sex marriage. The paper also examines how that decision impacted management policy decisions in terms of public safety administration. An examination of the ruling's overall impact on public policy is also Continue Reading...
Miranda Rights To most people, the case Miranda v. Arizona, 384 U.S. 436 (1966), is synonymous with the Miranda warnings given to accused criminals. People understand that Miranda means that a criminal defendant has the right to remain silent and th Continue Reading...
During the trail, the prosecution is liable to produce sufficient evidence against the culprit, and it has to be proven that misrepresentation was false, but that the thief knew of the falsity. The opinions and puffing are not included in false pre Continue Reading...
During the 70's and 80's some of these opportunities were eliminated by the actions of the Burger and Rehnquist courts but habeas corpus actions remain a major problem for both systems and our a source of much acrimony. In 1996, Congress amended the Continue Reading...
American Government: Judicial Branch1. In order for a court to hear a case, it must have jurisdiction. What is jurisdiction? Distinguish between original jurisdiction and appellate jurisdiction.The term jurisdiction is used to refer to the legal auth Continue Reading...
U.S. Constitution Between 1777 and 1786, the Articles of Confederation determined what the federal government could and could not do (School of Law, n.d.). The Articles provided no authority for tax collection or regulation of commerce, a situation Continue Reading...
Marbury v. Madison In 1801, outgoing president John Adams appointed William Marbury to the judiciary. The following day, the appointment was confirmed by the Senate. When Jefferson took command of the White House the day after that, he refused to sen Continue Reading...
Robertson illustrated his point about the dangers of the Supreme Court's power anecdotally, such as when, later in the book he talks about the McCain-Feingold Bill which was designed to restrict campaign finance and reform the ways political campai Continue Reading...
Courting Disaster This study reviews Pat Robertson's "Courting disaster: How the Supreme Court is usurping the power of Congress and the people." Pat Robertson is the founder and chairperson of the Christian Broadcasting Network, founder of Regent U Continue Reading...
Court System The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutio Continue Reading...
But if Houston insisted that Plessy be enforced that is, if the NAACP sued a state to make its schools for black children equal to those for whites which Plessy did require then he could undermine segregation. (Jomills Henry Braddock. A Long-Term Vi Continue Reading...
Court Systems The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the Continue Reading...
Court Service Management How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power? The c Continue Reading...
Lewis felt that the Omnibus Crime Control and Safe Streets Act of 1968 law were in violation of the second amendment. This law prevented convicted felons from possessing firearms. However the court observed that since convicted felons weren't allowe Continue Reading...
These policies make offenses such as bringing weapons to school equal am immediate suspension or expulsion. However, in recent years they have been stretched to include such offenses as bringing toy guns to school or, in the case of older students, Continue Reading...
Constitution gave Congress the power of legislation. In fact, its major function is to make laws. Essentially, Congress converts public will into public policy by way of law. The Constitution provides some rules to which Congress must adhere througho Continue Reading...
Constitution / Democracy For a fully-functioning democracy to work well as a government process, one must remember that the requirement of checks and balances must be in place, otherwise the threat of an oligarchy or -- at worst case scenario -- a t Continue Reading...
Government corruption is encouraged by unrestrained financial contributions by lobbying groups. Members of Congress continue to force legislation that has proven to be fraudulent, such as the Cap and Trade legislation. An inspector general was im Continue Reading...
Whether a man is innocent cannot be determined from a trial in which, as here, denial of counsel has made it impossible to conclude, with any satisfactory degree of certainty, that the defendant's case was adequately presented. Quote from Justice B Continue Reading...
However, it is unlikely that one system will ever be sacrificed entirely. Also, there are cases when jurisdiction between federal and state overlap, such as "any lawsuit where citizens of different states are involved in disputes concerning at least Continue Reading...
The U.S. Constitution also included many of those Magna Carta rights from the first state constitutions. Equally important in developing the rights delineated in the Bill of Rights was another 17th century English document, the 1689 English Bill of Continue Reading...
Constitution Debates During the intellectual debate over the Constitution, the Anti-Federalist case against the Federalists' proposed system of checks and balances was made in a number of different ways. It is worth understanding the logic of the An Continue Reading...
That with the limitations articulated in the constitution that gives the people some declarative authority in how government is suppose to run then the common man would feel his or her best interest would be represented (Brandes 2009). That is, in Continue Reading...
Each state and many banks eventually developed their own currencies, greatly complicating trade and issues of security, both through increased potential for fraud and a lack of reliable knowledge about the strength of a particular currency at any gi Continue Reading...
In addition it was agreed that issues of federal budget, revenue and taxation would originate with the House of Representatives. The Great Compromise issued in a spirit of success to the convention and essentially ended the division between the sma Continue Reading...
