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...
Federal Courts On Linda Greenhouse's Op-Ed: "Lessons Maybe Learned" Linda Greenhouse in her New York Times article titled Lessons Maybe Learned reminds us that the federal courts still exist, despite the weakening of Constitutional protections for Continue Reading...
Does the Federal government have enough power?IntroductionBased on the American Constitution, the nation is under federalism type of government. Federalism was established after the independence of the thirteen states, as described in the Articles of Continue Reading...
Federal Courts There are three branches of the federal government: the legislative, executive, and judicial branches. The federal courts were established by Congress, which is given the power to establish them in the Constitution. The Constitution Continue Reading...
S.B. 1070, ACA, AND FEDERAL PREEMPTION 1070, the ACA, and Federal Preemption S.B. 1070, the ACA, and Federal Preemption Tenth Amendment The Tenth Amendment was intended to limit the scope and power of the federal government, thereby preserving so Continue Reading...
Justices can make public pronouncements on issues that are important to the federal judiciary - not specific cases that come before the court, but general political and social issues. For example, the Chief Justice of the U.S. Supreme Court, John R Continue Reading...
Determination of Federal Court of Appeal in the case of Canterbury vs. Spence Canterbury filed a lawsuit against Spence in the United States. In this lawsuit, Canterbury alleged that Dr. Spence had shown negligence when performing laminectomy on Can Continue Reading...
Background of Terrorist Trials in the United States Terrorism occupies a unique liminal position, somewhere between acts of war and criminal acts. Because of this, jurisdiction, the rights of terrorist suspects, and other ethical and legal conundrums 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...
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...
The last and final level of the federal court system is the U.S. Supreme Court. A federal defendant begins his case in the District Court, but can appeal decisions. Because there is an essential difference between the violation of state and local l 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...
Federal and State Court Authority The federal court system was founded by the United States Constitution and derives its authority from that document. The establishment of the federal court system is specifically derived from Article II which create 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...
VIII. The "State Action" Requirement In the provisions of the Constitution that protect individual rights, primarily the application of the Fourteenth Amendment and the Bill of Rights, the acts that are prohibited require governmental involvement 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...
S. COURT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)." The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their li Continue Reading...
The Various Types of JurisdictionsToday, the concept of jurisdiction is frequently heard with respect to high-profile criminal cases where the legal stakes are high. Jurisdiction, though, is also a relevant and essential aspect of the legal system fo Continue Reading...
Powers and Rights of the Constitution INSTITUTIONAL POWER: The Constitution gives the federal government the right to form a military service, including what is now the National Guard (Army National Guard, 2011), though it does so in cooperation wi Continue Reading...
Federal CourtsThe United States judicial system is based on the federal courts structure as established in Article III of the Constitution. This system has been the subject of numerous studies and publications that seek to explain how it works. Willi Continue Reading...
Alaska Federal and State Jurisdiction THE ALASKA MODEL Federal and State Jurisdiction Alaska is the 49h state of the United States of America and the largest (State of Alaska, 2013). Its capital is Juneau and Fairbanks is the only large city. Its Continue Reading...
Federal Campaign Contributions Over the last several years, this issue of campaign finance has been increasingly brought to the forefront. This is because the influences of the affluent and special interests in the field of politics have become more Continue Reading...
Court Service Management How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power? The c Continue Reading...
Federal Mandatory Minimum Drug Sentences and Their Impact on Recidivism There is much controversy regarding mandatory sentencing and its impact on the American society throughout recent times. In many ways, prisons are used as a means to control cri Continue Reading...
Federal Government Expansion Throughout American history the size and power of the federal government has been continually debated. This is because there are concerns that if it becomes too big it could have an impact on the scope of authority reser Continue Reading...
Power Elite Then and Now A half-century after it was written, C. Wright Mills's The Power Elite remains relevant to American society. Mills's analysis of the ways in which powerful people in different sectors of society share economic interests and Continue Reading...
Federal Taxation One of the important procedures involved in Federal taxation is the apprehension of those persons and firms and trusts and others who evade tax payment and thereby break the law. This means that these entities may either conceal fac Continue Reading...
Federal Healthcare Policy Howlett (2009) states that policy goals and means "exist at different levels of abstraction and application and policies can be seen to be comprised of a number of components or elements, not all of which are as amenable to Continue Reading...
When taking office, financial industry of America was in chaos. Economy was in its worst contraction, values of housing were plummeting and credit cards were frozen plus other external forces like Iran, Pakistan, and Afghanistan. Nevertheless, there Continue Reading...
We must not forget, however, that, like most countries, China's economic leaps are tied to her political security. China's new model shows the world that economic security is as important as military security. Presently, though, based on the economi Continue Reading...
Firstly, a legal representative provides professional services, for which he or she is rewarded. A favorable outcome should then also carry with it extra rewards. Furthermore, a contingency fee can provide an incentive for legal representatives to g 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...
Retrieved 21 Mar. 2013 from http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/65mcrm.htm#9-65.700. Doyle, Charles. (2011). Crimes of violence committed against federal official or employees: A brief overview of federal criminal law. C Continue Reading...
It now applies to a wide range of generation technologies, including but not limited to solar thermal electric, photovoltaics, wind, and geothermal electric (DSIRE). For solar systems, the credit is "equal to 30% of expenditures, with no maximum cre Continue Reading...
Coleman V. Maryland Court of Appeals There has always been a fine balance between the Constitutional power of Congress and individual State rights. At the heart of the Constitutional Debate and even the Civil War was the question -- are states sover Continue Reading...
If jurisdiction allows a choice between the two, any of these criteria could sway a firm to file in one court or the other. However, there may be instances where Federal court is preferred. The laws and rulings may favor be more favorable for the l Continue Reading...
