Thus Koppatschek's testimony is reliable. In light of David's blatant disregard of the stipulations of the contract with Monsanto, his attempts to cover up his infringement, his inconsistent testimony and his apparent disregard for the legal proces 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...
Gender Bias in the U.S. Court System Statistics regarding male and female criminality Types of cases involving women and men Sentencing guidelines for judges imposed to diminish disparities Feminists say women should get less jail time Number of Continue Reading...
U.S. v. Alvarez-Machain (1992) Supreme Court Decision Supreme Court decision in U.S. v. Alvarez-Machain (1992) that "forcible abduction of a foreign national does not prohibit his trial in a U.S. Court" dealt a body blow to international law, the im Continue Reading...
They point out that neither the Constitution nor the Supreme Court has precluded the States or localities from enforcing the criminal provisions of immigration law. Because the enforcement of the criminal provisions of Federal Law has not been exp 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...
legal issues faced by expert witnesses and the impact the Frye test has on scientific evidence proffered at trial. This essay also covers the decision that was reached by the courts concerning the fate of expert witness and expert testimony and some Continue Reading...
Supreme Court of the United States is commonly held to be the last bastion of getting a legal standard correct and complete. While legal precedents shift and change over time, the court eventually "gets it right" or at least comes to a settled posit Continue Reading...
Understanding the Judiciary: Activism, Restraint, and PowerThe judiciary is one of the three main parts of our government, and its role is to interpret and apply the law. However, people do not always agree on how it should do this. Some people think Continue Reading...
Legal Decisions for Fire and Emergency Services The American legal system is based upon case precedent and the way the courts are interpreting the law. The result is that there will be shifts in how these concepts are applied with each other. In the Continue Reading...
Labor Relations/Collective Bargaining The discussion below is a review of the case between Mach Mining and EEOC A close look at the sex discrimination case against March Mining LLC, EEOC, and the respondent decided that there was enough ground to b Continue Reading...
Citizen Convicted in Iraq and held by MNF-I By filing a petition for a Writ of Habeas Corpus in U.S. federal court, the detainee is challenging the government's right to detain her, forcing the government to produce her and produce the reasons she Continue Reading...
Whistle-Blower Case Study Based on Oklahoma Law It may appear common-sense that Janet and Darla are whistle-blowers; they saw something wrong at their workplace (another employee potentially stealing drugs and committing fraud), and notified their e Continue Reading...
Court System In recent times, no court case has attracted as much attention as that of George Zimmerman. In this text, I summarize the most significant facts of the said case and explore the key laws that were violated. Further, amongst other thing Continue Reading...
9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limite Continue Reading...
It is the pursuit of happiness that the Constitution guarantees with respect to a person's right to pursue a free life. The words are written this way (Von Eckardt, Ursula M., 1959, p. 2): We hold these truths to be self-evident, that all men are c Continue Reading...
Thus, striking workers are protected from losing their jobs to "scabs," workers who cross picket lines to work without a union contract or representation. It is interesting to note that federal law does not protect union workers this closely, and n Continue Reading...
Winship was decided by the Burger Court in 1970, Docket number 778. The case involves a twelve-year-old boy, Samuel Winship, who was arrested for stealing $112 from a woman's locker. Section 744(b) of the New York Family Court Act provided that d Continue Reading...
Further, these individuals are able to work and contribute to their own keep as well as pay child support. The timeliness of the process of the Death Penalty Appeal is one of the measures that have attempted to be built into the justice system to ba Continue Reading...
Though to that point, the Chinese had been readily utilized and badly exploited as laborers in the United States, their growing numbers provoked a typically xenophobic response from many citizens and lawmakers. The result would be the Chinese Exclus Continue Reading...
Veterans and the Affordable Healthcare Act The veterans suffer various challenges emanating from their roles they actively in the battle frontlines. They suffer mental problems like the posttraumatic stress disorder (PTSD), depression, anxiety, aggr Continue Reading...
Accounting Court Case Brief-Federal Tax Class United States vs. St. Pierre, 599 F. FACTS The Staab Agency acts as an agent for out-of-state trucking companies looking to register trailers in Maine. Shirley St. Pierre, the appellant in this case, Continue Reading...
same-sex marriage refers to a legal married union between two persons of the same sex. In other word, same sex partner is a man legally married to another man or a woman legally married to another woman. Since same sex marriage is a new development Continue Reading...
Federal Government Control Marijuana Legalization? Author's note with contact information and more details of collegiate affiliation, etc. At least a quarter of the advisory is spent asserting the agency's drug approval authority, including the ca Continue Reading...
Judiciary Role The author of this report is tasked with discussing whether courts can help solve complex problems. Of course, the guiding documents and many of the amendments to the United States Constitution were written a century or two ago but th Continue Reading...
There may be instances where the lay person's testimony would be difficult to understand for any number of reasons, but the opinion would help to clarify the testimony for the court. The opinion must therefore be directly related to the case. Superf Continue Reading...
Dennis L. Hayden and Sharon E. Hayden vs. Commissioner of Internal Revenue (CA-7), U.S. Court of Appeals, 7th Circuit, 99-2520, 2/11/2000, 204 F3d 772. FACTS Plaintiffs, Dennis and Sharon Hayden, married, were sole partners of the proprietorship ca Continue Reading...
Unreimbursed Theft Loss Schroerlucke vs. U.S., 2011 WL 4440599 (Fed. Cl.) Facts Mr. And Mrs. Schroerlucke claim they were due a tax refund for unreimbursed losses for 1997, 1998, 1999, and 2002. Mr. Schroerlucke had worked for World Com until he t Continue Reading...
Law Enforcement Jurisdiction & Authority Law Enforcement Jurisdiction and Authority As with many governmental agencies, law enforcement is partitioned by agency type, organizational mission, overall size, and jurisdiction. The law enforcement a Continue Reading...
Franklin D. Roosevelt and the New Deal 1 and 2 The Least Favored from the New Deal The Impact of New Deal Helping the Future Generations The education system Welfare and Social Security Regional Development The Impact on Labor Standards Measu Continue Reading...
Equal Employment Act Federal laws have been passed in order to provide protection for American citizens from discrimination in a number of different instances. This paper will review the Age Discrimination in Employment Act of 1967, the Pregnancy Di Continue Reading...
Employee Compensation Deduction Tax Research Memorandum Mr. Jones, President From: Tax Accountant, CPA Tax Treatment of Employee Compensation in Business Deductions Facts Mr. Jones is the President of a corporation owned by him and members of h Continue Reading...
Federal vs. State Crime While some crimes are deemed to be state crimes, others are considered to be federal crimes. In essence, a vast majority of crimes are heard and determined in state courts as they happen to be state crimes. In seeking to disti Continue Reading...
Federal Intelligence Surveillance Court (FISA Court) According to a recent CNN report on surveillance, the Federal Intelligence Surveillance Court (FISA Court) is "the most powerful court you have never heard of" (Mears & Abdullah 2014). Because Continue Reading...
Court Opening Argument It is humbly submitted to the Hon'ble Court that this respondent as per the issues and syllabus cited submit that the issues of the litigation pertain -- not only to the law of marriage, but also to the recognition if it must Continue Reading...
Police Courts and Corrections According to Merrill and Fox (1999) the total impact of substance abuse on Federal entitlement programs is more than $77 billion. This constitutes in excess of $66 billion directly associated with substance abuse. Furt Continue Reading...
Texas courts have two levels: local and state. Article 5 of the State's Constitution lays out the judiciary structure, and further definition can be found in the Texas Probate Code and Texas Government Code (Bessette, et al., 15). There is a very com Continue Reading...
Classification of Federal Agencies: The Administrative Procedure Act is regarded as one of the most significant legislations because it focuses on establishing rules and regulations with which federal regulatory agencies enforce major legislative a Continue Reading...
