The Court cited language from Boyd in support of its proposition. The Boyd Court had held that the Fourth and Fifth Amendments "apply to all invasions on the part of the government and its employees of the sanctity of a man's home and the privacies Continue Reading...
The District Court's decision, for example, was largely based on an earlier Ninth Circuit case, which held that if a "project has flood control as one of its purposes, and the events giving rise to the action were not wholly unrelated to the project Continue Reading...
All judges of the above courts are appointed by the president with the approval of the Senate (USCourts, 2012). In all cases, the court serves as the arena where disputes are argued, and a fair verdict pronounced. The court is normally, replete wit Continue Reading...
Any allegations of individualized injury is superfluous, they alleged, on the theory that this was a "public" action involving questions as to the use of natural resources. The Holding was that a person has standing to seek judicial review under th Continue Reading...
Confusion: Trailer Hitches Facts: The state of Confusion enacted a statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch, which is manufactured by only one manufacturer in confusion. As a result, trucker Continue Reading...
However, as Schwarcz notes, the reasonable expectations doctrine fails in practical use for several reasons. Whie th doctrine may have widespread support from insurance law commentators, "Only a handful of state courts follow the rule, and the case Continue Reading...
Employee Privacy The objective of this study is to read the case Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992) and to answer the questions of whether it is lawful to monitor the telephone conversation of an emp Continue Reading...
Considerations Stress and grief can make it hard to reach sensible decisions." The Issue of Arbitration in Family Law Family Law frequently involves the lives of children, and includes requirements that continue after the case decision is made. Continue Reading...
The trial court was concerned with the State's lack of a written protocol specifying the chemicals and doses, the lack of consistency in its administration, the total discretion give to Dr. Doe I, and the lack of oversight over the doctor. The trial Continue Reading...
Chavez v. Martinez case is one of the major lawsuits in the history of the United States that addressed the potential civil liability for coercive interrogations. In this lawsuit, the U.S. Supreme Court more clearly recognized the constitutional issu Continue Reading...
Individuals who are arrested for a deportable offense can be held under mandatory detention by the U.S. Immigration Services until the immigration proceeding takes place, even though their only crime may be that they entered the U.S. without a visa Continue Reading...
Between 1907 and 1926, the unions made four separate attempts to secure uniform working rules, with great progress made during the period of federal control and operation from 1918 to 1920, during World War I. Over that time, wages and rules were es 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...
PADILLA V. RUMSFELD & HAMDI V. RUMSFELD Summary of Padilla v. Rumsfeld Facts of Padilla v. Rumsfeld Summary of Facts Technical History Holding Supreme Court Reasoning Lower Court Reasoning Summary of Hamdi v. Rumsfeld History of Hamdi v. 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...
Since 1869, eight associate justices have complemented the Chief Justice, though this number is not set in stone. Congress has the right to manipulate the organization of the Supreme Court, and has over the years varied the number of associate justi Continue Reading...
S. Constitution under the Fourteenth Amendment. States can no longer ignore the Fourteenth Amendment following the ruling in Duncan v. Louisiana, and that makes this case a landmark case. Justice White delivered the opinion of the Court, saying that Continue Reading...
Employee Privacy Torts Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-con 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...
To do so, John needs to seek a Notice of Right-to-Sue from the EEOC. This document serves as proof that John filed a complaint with the EEOC, as required by the underlying statutes, and serves as his means of entry into the court system (See general Continue Reading...
On July 3, 1969, the Fifth Circuit Court of Appeals entered an order requiring the submission of new plans to be put into effect this fall to accelerate desegregation in 33 Mississippi school districts. On August 28, upon the motion of the Departmen 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...
Therefore, the claim asserted by Respondents and sustained by the court below would, in practical effect, amount to a right not to be tried at all for an offense against the U.S. armed forces. 339 U.S. 763, 782 (1950). The Court examined the issue Continue Reading...
United States of America has faced numerous issues with dress codes of students particularly in its public schools. School boards have shown concern regarding violence, discipline or lewd behavior resulting from certain items of clothing. Some have p Continue Reading...
Administrative Agencies and Due Process In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights Continue Reading...
Administrative Law REGULATING STEM CELL THERAPY Administrative Agency: Food and Drug Administration Article 1 Section 1 of the federal Constitution creates administrative agencies, which are law-making entities but with limited powers (USLegal, 20 Continue Reading...
391). Padilla's counsel subsequently filed a petition for certiorari with the United States Supreme Court, which was again denied in April of 2006. Meantime, Padilla had been transferred to civilian custody, essentially rendering the petition for a 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...
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...
Appeal System The appeal of a sentence or verdict in a criminal case is governed by statute. Consequently, the appeal represents the first opportunity that a convicted federal criminal may seek to contest a conviction or sentence. The appeal allows Continue Reading...
Criminal Justice, Jurisdiction Explain what the term "jurisdiction" means. Jurisdiction is defined as the "geographic area over which authority extends: legal authority; the authority to hear and determine causes of action" (Thefreedictionary.com, Continue Reading...
The four men involved fired their attorney and changed their pleas to "guilty." (Bernstein and Woodward, p.233). The judge clearly did not believe that they had not been bribed or that they did not know the source of the money they received. (Bernst Continue Reading...
The reasoning of the Sixth Circuit more strongly aligns to principles of Equal Protection than the decision of the Supreme Court. While the Supreme Court decision made much of the freedom of prosecutorial discretion, the Sixth Circuit made it clea Continue Reading...
" However, since the defendants "did not have actual knowledge of the harassment until after the fact" and did everything in their power to prevent any and all future harassment by "contacting the proper authorities, investigating the incident themse Continue Reading...
" (Paul v. Davis) The majority went on to argue that it is almost impossible to guess at any logical stopping place to the afore-prescribed theory of reasoning. Davis' interpretation of the law as set out in his briefs would seem almost necessarily 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...
Edwards v. Pepsico Company and Product Safety Issue In the case of Edwards v. Pepsico, 268 Fed. Appx. 756, 2008 U.S. App, Mr. Edwards had three fingers cut off of his dominant hand while working on a bulk bag unloading unit (BBU) at his place of em Continue Reading...
those of the federal government. But the assessment delivered in the case of Granholm v. Heald actually seems to imply that this focus is misdirected. In a case where small wineries with limited means to obtain local distribution have attempted to b Continue Reading...
" Further, it is held that "a material misrepresentation in the certifications (bid) generally provides a basis for rejection of the proposal or reevaluation of the award decision." Thus, it can be said that if a challenge shows a material misreprese Continue Reading...
AT&T & T-Mobile merger. In order to analyze this move properly, we will compare this merger with a case study of the merger of Frito-lay and Pepsi to create PepsiCo. At that time, the federal government of the United States was much more su Continue Reading...
