precedent-setting court cases support response. •What factors affect sentencing? Describe sides debate sentencing guidelines. Evaluate factors affect sentencing compare factors racial, gender, socioeconomic lines. It is a rather well-known fa Continue Reading...
The Unites States vs Park United States Supreme Court The United States v. Park United States Supreme Court 421 U.S. 658 (1975)Acme Markets, a rational food chain organization, has employed many people, nearly 36,000, and it has around 874 retail out Continue Reading...
Law Report Case Study The Supreme Court of New South Wales heard the case Pastizzi Cafe v Hossain in mid-July of 2011. The case involved a variety of different legal issues -- issues that ranged from what constitutes a business partnership to whethe 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...
Let such programs fund themselves through private charitable contributions. If they're justified they'll survive. Laws and policies should be reformed so they protect all the rights and due process for both men and women equally. In concluding, ju 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...
8th Amendment Amendment 8 - Cruel and Unusual Punishment The Eighth Amendment (Amendment VII) to the American constitution is part of the American Bill of Rights which was ratified in 1789. The Amendment was to prohibit the States government from i 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...
Michigan vs. Tyler, the Supreme Court decided that "fire fighters, and/or police and arson investigators, may seize arson evidence at a fire without warrant or consent, on the basis of exigent circumstances and/or plain view" This may only occur du 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...
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...
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...
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...
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...
death penalty and minors - recent Supreme Court finding Death Penalty was extensively applied in the olden times across the world. The modern crusade for banning of capital punishment started in the 18th century with the writings of Montesquieu and 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...
Judicial Dissent in the Voice of John AustinTitle VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. The Act applies to all employers with 1 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...
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...
BURLINGTON INDUSTRIES, INC. V. ELLERTH Supreme Court of the United States, 1998 524 U.S. 742 Vicarious liability of employer in a sexual harassment case Sexual harassment, hostile work environment, vicarious liability, Title VII, affirmative def Continue Reading...
Case Involving a Medical Dilemma Nurses usually experience ethical dilemmas while carrying out their work of providing care to different patient populations. Ethical dilemmas arising during nursing practice are largely attributable to the complex pro 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...
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...
Article One In the article “Taking DNA from All Criminals Should Be Standard Procedure” written by Cyrus R. Vance Jr, 2012, the author makes a claim that DNA evidence is a powerful crime solver. He also states that this method is a superb 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...
S. No. 04-1739 (2006) Facts: Issue(s): Ruling: Analysis: Minority Rationale: Comments: Two examples of where rights are limited in the ownership of land or property: Servitudes and easements are put into place... Servitudes and easements can 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 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...
In his joint article with Oleg Smirnov, "Drift, Draft, or Drag: How the Supremes React to New Members," Smith takes an even closer look at the Supreme Court and the history of its political (or interpretive) makeup. Specifically, these authors find 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...
One of the pending cases involved a dispute between France and the Democratic Republic of the Congo. Like the dispute with Belgium, this involved France's attempt to hold one of the Congo's ministers responsible for war crimes and crimes against hu Continue Reading...
An appellate court case that found the employer liable for hostile environment sexual harassment is Kunin v. Sears Roebuck & Co. Under this claim, Karen Kunin was sexually harassed by a male employee based upon the abusive and derogatory langua Continue Reading...
Had the court applied consistency in their different rulings to local hate crimes, this case would have been settled in the lower court. As the previous decisions that Mitchell was using to justify his words; were clearly in appropriate decisions ma Continue Reading...
S. cannot legally abide -- this would result in the U.S. signature being ultra vires (beyond the powers of authority) (Reid v. Covert) Thus, United States Coast Guard had no authority to board a private vessel that was not in its territorial jurisdi Continue Reading...
First Amendment, the Constitution, and the Supreme Court Freedom of and from religion and freedom of speech are the distinct provisions of the First Amendment; it gives citizens of the United States the unalienable human right to assembly and speec Continue Reading...
Civil Rights: The Ricci v. DeStefano case is a U.S. Supreme Court case that was decided in June, 2009 and raises concerns regarding the steps employers may take in situations where the avoidance of discrimination against one group may imply discrimi Continue Reading...
First Amendment including kind cases, examples, Supreme Court rule-Based 1st Amendment grounds? Analyze: a.The Sections 1st Amendment means. The First Amendment The First Amendment is both one of the most significant legislations in the U.S. And o Continue Reading...
Politics - Texas v. Johnson, the Supreme Court case about Flag Burning The phrase "Symbolic expression" is usually used to explain expressions that are mixed with elements of behavior. Symbolic expression (or expressive behavior) can be protected by Continue Reading...
