496 Search Results for Court Process Judicial Process and Constitutional Issues
Slaughter-House Cases
Impact of the Slaughter-House Cases
The adoption of the constitution of the United States of America faced opposition from groups that feared the takeover of a centralized government. This opposition arose from the fear that t Continue Reading...
Capital Punishment
Solitary confinement represents one among the best means of keeping modern-day prisoners from communication and conflict, but has the most injurious effects on their health. Individuals imprisoned in conditions of solitary confine Continue Reading...
Transgender Employment Discrimination
There is a growing body of evidence that transgender individuals frequently experience some type of discrimination during the employment process in the United States today. Although there are only a few high-pro Continue Reading...
Same-Sex Marriage Constitution
Same-Sex Marriage and the Constitution
In May of 2009 two same-sex couples filed suit to stop the implementation of California's Prop 8, which defined marriage as between one man and a woman and effectively made marri Continue Reading...
Republicans construed Obama as suggesting government bailouts for new industries, or at the slightest a more lively federal government function in generating or supporting jobs -- concepts abominations to a lot of conservatives.
The Obama campaign Continue Reading...
8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: Affirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated Attorney General's statutory interpretation that as Continue Reading...
..In determining the meaning of any Act of Congress, or any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as h Continue Reading...
Views on devolution and who may decide the issue are changing. In the Constitutional Reform Act 2005, the idea was advanced that the independent supreme court and decide about devolution cases, constituting an internal limit (Bradley and Ewing 2007 Continue Reading...
Victims of a Meaningless Show of Force
Language Analysis:
In the article "Victims of a Meaningless Show of Force" the author uses language to express her point that police firing on two polar bears was unacceptable behavior and as the author says " Continue Reading...
Traffic Stop Case
Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle?
As we examine this case and more confrontational moments occur between the officer and the suspect, all events remain in question largely on the 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...
FISA's recent rise to fame has been due to attempts by the Bush Administration to apply the law as justification for warrant-less wiretaps of U.S. citizens in apparent disregard of their Fourth Amendment protections. This issue will be examined in m 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...
These words, 'necessary and proper,' in such an instrument, are probably to be considered as synonymous. Necessarily, powers must here intend such powers as are suitable and fitted to the object; such as are best and most useful in relation to the e Continue Reading...
The Appeal Court reversed the decision declaring that 922(q) is invalid as it interfered in state matters. The Federal government did not have the right to interfere in matters such as possession of firearms in or near a school. The significance of Continue Reading...
Graham vs. Florida Focal Point Analysis
There are many issues involved in the Supreme Court decisions especially with regard to the Constitution. One important assumption is that the court is moving to create a situation where the rights of humans a 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...
Criminal Justice System
Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions Continue Reading...
K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to priv 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...
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...
legal system in the United States is divided into two distinct systems: federal and state. The state court system in Wisconsin, like most states, has broad jurisdiction so the cases that most ordinary citizens are involved in -- such as robberies, t Continue Reading...
However, Justice Vinson went further, adding his historical comments to Gaines by saying that the Fourteenth Amendment rights were "personal' which meant that "it is no answer... To say that the courts may also be induced to deny white persons righ Continue Reading...
Sandra O'Connor
Sandra Day was born on March 26, 1930 in El Paso, Texas to Harry and Ada Mae, owners of the Lazy-B-Cattle ranch in Southeastern Arizona, where Sandra grew up (United States Supreme Court 2003) as an only child until she was eight. In Continue Reading...
Issues before the Court
Does the Constitutional Amendment IV provide a safeguard for telephonic conversations carried out in a public telephone booth? Can secret recordings of such conversations be presented in the form of evidence in court trials ( Continue Reading...
There are, for example, great differences among states regarding the way in which these systems are managed and the rights and responsibilities of officers for both sectors of the legal system.
In New Jersey, the goal of probation is to promote the Continue Reading...
2091).
Today, the European Union is an international organization comprised of 25 European countries that governs common economic, social, and security policies. While it was originally restricted solely to the nations of Western Europe, the EU has Continue Reading...
First Amendment Cases
There are several provisions in the First Amendment to the United States' constitution, all of which have been implemented in various court cases. In Engels v. Vitale, which centered around the legality of a mandated school p Continue Reading...
Therefore, even staunch proponents of capital punishment share the concern that it be (1) imposed only where extreme punishment is appropriate to the nature of the crime, and (2) applied in a manner that does not cause unnecessary pain or prolonged 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...
In cases of treason accusations, the testimony of two additional parties, or an open court testimony of the defendant is required: "No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confes 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...
An interesting trend has been registered in the service industry, especially in the field of tourism. One of the main engines of Spanish economy in the past, now tourism in this country faces fierce competition from Eastern Europe countries. The be Continue Reading...
Death Penalty in Michigan
There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; Continue Reading...
..from the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery and court events is unacceptable and should be eliminated" (as cited in Fairfax Circuit Continue Reading...
Many conservatives believe that the Anti-
Establishment Clause prohibits only the actual establishment of a national religion in the manner of the English Crown. To them, the right to freedom of religion is all that the First Amendment guarantees, Continue Reading...
As practitioners of the law, court officials and subordinates are bound by the single powerful system of the law and governmental policy. Lawyers are bound by regulation rather than occupational socialization. Their interaction with the general publ Continue Reading...
Hernandez v. State of Texas (1954)
Facts: This case was the only Latino-American civil-rights case heard and decided by the United States Supreme Court during the post-World War II. It involved the 1950 trial of a migrant cotton picker named Pete He Continue Reading...
U.S. Justice Department
Review the current organization and administration of the three components of the U.S. justice system: the police, the courts, and corrections. This review should consists of a summary of each component system, standard organ Continue Reading...
Open Fields Doctrine and Its Relevance to the U.S. Constitution
What is the open fields doctrine?
According to the definition provided by Black's Law Dictionary (1990), the open fields doctrine "permits police officers to enter and search a field w Continue Reading...