" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, wit Continue Reading...
American Government Politics. Discussed is the fourth amendment and the current policies of searches and seizures. Four sources used. Footnotes. Fourth Amendment Americans hold very dear the Bill of Rights. Among the ten amendments that make up th Continue Reading...
Internet: Privacy for High School Students An Analysis of Privacy Issues and High School Students in the United States Today In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it s Continue Reading...
Law and Women in Medieval Europe Women have always been victims of various legislations and the way the law is applied concerning the crimes that they commit in the society. The suffering that women underwent in medieval Europe cannot be emphasized Continue Reading...
Contracts, Contract Law, And Society Contract Law Contracts are legally-binding agreements between two or more self-regulating parties for the purpose of furthering their commercial goals (Eisenberg, 1994). The elements of contracts, together with Continue Reading...
I do not approve of reading so many books. The method of examination is a method of dealing with the enemy. It is most harmful and should be stopped" (Johnson 1992:552). Mao wanted control of China's destiny -- and he wanted that destiny out of the Continue Reading...
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 Continue Reading...
Big Time Toymaker and Chou over an agreement to distribute a new strategy game. Some of the areas covered are whether or not a contract existed between the two parties, objective intent, and how e-mail comes in to play with enforceability. Also we s Continue Reading...
Mabo Case A Lesson in History: The Mabo Case and Its Legacy The Mabo Case, or Mabo v. Queensland, as the case is formally known, refers to a judgment given by the High Court on June 3, 1992. This judgment ruled that the land title of Indigenous Pe Continue Reading...
Mapp V. Ohio Over the centuries, there has been considerable debate as to the application of the Bill of Rights when it comes to the states. This is because a series of court cases decided it was only relevant when it came to the federal government Continue Reading...
McIntyre vs. Balentine is one of the landmark cases in the United States because of its contribution to the adoption of a system of modified comparative fault in Tennessee. Based on this system, a plaintiff may receive compensation for damages where Continue Reading...
First Amendment Applications Applications of the First Amendment The First Amendment to the U.S. Constitution protects the American people against laws made by Congress that would restrict the right to free speech or a free press, however, with the Continue Reading...
Moving Targets: Placing the Good Faith Doctrine in the Context of Fragmented Policing" by H. Aviram and J. Seymour (2010) In the United States, due process of law is guaranteed by the Fifth Amendment and applies to all citizens by virtue of the 14t Continue Reading...
It should also be pointed out that the Defendant, Mr. Taylor, warned the Plaintiff to not play with the dog and that Ms. Buffet openly admits that this is the case. The warning itself will not affect the issue of liability but it will impact on the Continue Reading...
" (Rise of the Commons) The 14th century was a time when the aristocracy (the Commons in particular) acted on account of their personal interests in addition to acting in accordance with the King's wishes. These individuals gradually started to cons Continue Reading...
Confusion Hypothetical: Can the State Enact a Statute Requiring a Specific Tow Hitch? Facts: Tanya Trucker is a trucking company owner who resides in and/or operates her business in the state of Denial. Her trucking business operates in the state o Continue Reading...
IC 18-4003 lays out the elements needed for a first-degree murder conviction, and many of those do not require aforethought. Further, IC 18-4001 does not state the definition is for first degree murder only, and thus, simply adds to the ambiguity of Continue Reading...
For instance, Eugene W. Massengale notes that "An attempt must be made to seek the resolution of any suspected mistakes as specifically as possible" (p. 83). This author also reports that if a party to a contract incurs additional costs or expenses Continue Reading...
As Waldron (2009) emphasizes in an article entitled, The Concept of the Rule of law, the rule of law ... is invoked whenever we criticize governments that are trying to get their way by arbitrary and oppressive action or by short-circuiting the pro Continue Reading...
Federal Tort Claims Act Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with Continue Reading...
Greek philosophers Plato and Aristotle explored the concept of political philosophy (Trajkovic). In the process of exploring such concept, both came to the agreement that the best form of government was that which every man can act best and live hap Continue Reading...
Specific Performance by Virtue of Substantial Performance -- Stainbrook v. Low In this case, the purchaser or real estate sought to enforce the specific performance of a contract for the sale real estate. Specifically, the plaintiff-buyer had ente Continue Reading...
Constitutional Originalism A living constitution is a concept that is found in the United States, it is also referred to as loose constitution. This is because it is a constitutional interpretation that the constitution is dynamic in meaning. It cla Continue Reading...
M. Lin's release from MCF has had the effect of rendering his lawsuit moot. In this case, M. Lin was incarcerated at the time the lawsuit was filed, but not at the time it is being decided. Thus, M. Lin's cause of action fails on the issue of mootne Continue Reading...
Because promises are usually kept, it is usually reasonable to rely on a promise, and promises are usually relied upon. (p. 1) Despite its centrality to the human condition, the social practice of promising remains primitive and incomplete in compa Continue Reading...
Stare decisis, from the Latin meaning "to stand by that which is decided," is a judicial doctrine, which provides that precedent decisions are to be followed by the courts ('Lectric). The doctrine of stare decisis has developed in common-law legal sy Continue Reading...
Judicial precedent basically means the process with which judges follow previously decided cases whose fact are of adequate similarity. As a practice of the court, the doctrine of judicial precedent provides direction to judges when they are applying Continue Reading...
Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendm Continue Reading...
Healthcare Legal Legal Aspects of Health Care Administration Please answer the question below: Give and support two arguments for and two arguments against Euthanasia. (Note: Pages 430 to 433 in Pozgar's textbook will provide some background on th Continue Reading...
That is if the jurisdiction of no other contracting state was in issue and the trial had no connecting dynamic to any other contracting state. In response to this question, the European court responded in the negative and asserted that the internat Continue Reading...
Surprisingly, there is very little systematic discussion of this fundamental issue in the legal literature (Adverse Possession (http://faculty.palomar.edu/eschultze/Class_Files/LAWCH21.htm)." The premise of adverse possession is that the land in qu Continue Reading...
S. Constitution. Notwithstanding the defendant's claim that the money orders were not his, the DEA and other federally authorized airport security seized the briefcase because they had probably cause to do so. One federal statute 31 U.S.C. § 532 Continue Reading...
Week 5 2. First, the Parkers were contractually obligated to pay the late fees because the fees were not exorbitant and were part of the parties' lease contract. However, unless the lease contract specifically says that the late fees could be char Continue Reading...
Negligence and Respondeat Superior: Should Employers be Held Responsible for Employee Negligence? Negligence "A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar cir Continue Reading...
Decisions of Rehnquist & Warren The field of constitutional law, at least in the area of criminal procedure, has been an interesting study for the past fifty years. Unlike other areas of the law, the study of criminal procedure has undergone maj Continue Reading...
In my judgment, the statutory provisions on which these prosecutions are based, abridge freedom of speech, press and assembly in violation of the 1st Amendment" ("Black, J, Concurring in Part"). Hence, the Yates decision was a precursor of the thin Continue Reading...
Double Jeopardy and Legislative Limitations The legal concept of "Double Jeopardy" is a rather simple one to define and to understand, but application of the Double Jeopardy standard is anything but easy or simple. On a very basic level, Double Jeop 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...
The Court said there was no evidence to suggest that any teacher under the program and question had attempted to inculcate religion in students. Moreover, the cooperation required between the parochial school employees and the public employees regar Continue Reading...
