Jurisdiction College Essays Samples For Students

Overview

Gucci is a New York headquartered organization that has maintained a top notch in regards to high quality luxurious commodities such as garments, belts and footwear. With diverse 21 trademarks, the organization has sustained effective performance across US. However, aspects of trademark infringement have been evidenced within the organization. The Gucci law case study is based on the organization being the plaintiff while Wang Huoqing is the defendant. Wang Huoqing sells counterfeit Gucci products evident from the court ruling in favor of the aggrieved. However, there are prevailing aspects within the case study that require evaluation. Issues on evidence coupled with ...

I. Introduction
Comparing the criminal justice system of two or more countries can lead to valuable insight of your home nation as well as the nation(s) used in comparison. This short paper looks at the similarities and differences between the criminal justice systems of France and the United States. The hope is that it will provide a deeper understanding of how civil and common law systems approach the investigation and adjudication of crime.
II. Court Structure
No criminal justice system could exist without courts. Courts are the main institution involved in the legal settlement of criminal ...

Let’s assume that al-Qaeda managed to hack into every major power grid in the United States and shut them down. The nation’s economy would be devastated. Such an act of cyber-terrorism would be catastrophic (Bernadette & Clemens, 2006, p.78-79, 122) for the United States. Although this is just an assumption, hackers constantly look for ways to hack into the U.S. government computer systems throughout the day (Mount, 2009). The fact of the matter is that the critical U.S. infrastructure is extremely vulnerable due to being accessible via the Internet. Perhaps the same can be said about other nations ...

Abstract

Puerto Rico is a small island that is part of an archipelago located somewhere out in the Caribbean Sea. It has an approximate population of about 3.5 million people and has a small area of about 9,104 square kilometers. The population is largely Hispanic where Spanish and English are the languages that have been set aside for official use.
Fridolin (2000) says that the most ideal court system in terms of ideals would definitely be that of Switzerland as it is considered the most transparent court system in the world. It boasts of absence of external interference and ...

Arbitrations, having their seat in England, are governed by the Arbitration Act of 1996, which is based on the UNCITRAL model law. The major international arbitration bodies affected by this jurisdiction are the London Maritime Arbitrators Association and the London Court of International Arbitration. However, it is also common for arbitrations that fall under the rules of other international bodies to base their cases in England. Based on a number of mandatory rules, the disputing parties are always at liberty to agree on the procedure for their arbitration or to employ institutional rules. Unless the parties agree otherwise, the provisions ...

Question 1

After every two years in America, a class of newly elected senators takes office at the capitol thus assuming the duties and responsibilities of the U.S Senator. The job of the senate is to serve the interests of their Congressional district citizens by introducing bills into the committee and serving on the committee. There are at least 26 committees in the House of Representatives and a number of subcommittees. On the other hand, there are there are 20 committees in the Senate and 68 subcommittees. The senate further has four joint committees in its docket to help it in the simple ...

Introduction

Henry Kissinger was perhaps one of the most active and important Secretaries of State. His forceful intervention in several questions such as the Vietnam War as well as his propping up of General Gustavo Augusto Pinochet makes him a reviled figure amongst those who have democracy at heart (Bass, p 275).
This paper seeks to argue that Kissinger should indeed be hauled in front of an International War Crimes Tribunal largely due to his intervention, covert or non-covert in several mass genocides. Two of these are those in Bangladesh in 1971 where the Pakistani Army was given US backing to ...

Facts: Gucci America, Inc., is a New York Corporation which headquarters are located in New York City. Gucci is engaged in manufacturing and distributing luxury goods: footwear, belts, sunglasses, wallets being sold worldwide. Gucci uses twenty-one federally registered trademarks.
Wang Huoqing, a resident of the People’s Republic of China, has been discovered by Gucci to operate numerous Web sites offering for sale products which illicitly bear Gucci’s trademarks. Gucci hired a private investigator in California to buy goods from Wang Huoqing Web sites. The investigator bought a wallet labeled Gucci which was counterfeit. After that, Gucci claimed Wang Huoqing.
...

What are the three classifications of the functions of law? Summarize each classification and provide an example of each.

The functions of law fall under social control, dispute resolution and social change. Social control is the regulation of the actions of individuals. Taking into custody an individual who commits crime, such as homicide or robbery, is an example of formal social control. Police officers making the arrest are official enforcers of criminal law and arrest is part of the formal law enforcement process. Dispute resolution is weighing the points raised by disputing parties to arrive at a legal settlement that ...

In law, the term subject-matter jurisdiction implies the authority that a court has to hear particular types of cases that relate to a certain subject matter. Defining subject-matter jurisdiction is necessary in that it ensures that courts have the capacity to determine cases. A good example of this is where bankruptcy courts have the capacity to determine bankruptcy cases. Personal jurisdiction, on the other hand, means the jurisdiction a court has over the parties to a case (Chemerinsky, 2004).
A federal court has personal jurisdiction in a matter where one of the parties has contact with the area where the court is located. ...

Arizona State Court System

In each state, the lowest level as far as the court system is concerned is known as the trial court of limited jurisdiction. In the state of Arizona, the trial court o0f limited jurisdiction entails the municipal courts and the justice of the peace courts. As their name suggests these courts have limited jurisdiction as far as the cases that can be heard and effectively determined in the are concerned. Thus, these courts are relegated to strictly handling cases that have a seemingly lower magnitude as far as the gravity of the offence in question is concerned. Cases that can ...

Introduction

The Foreign Sovereign Immunity Act is a law that has been codified in the United States that was specifically made to establish the grounds and limitations as to whether a foreign entity, or a foreign sovereign nation at that, can be charged and be subject to trial in a U.S. federal or state court . Apart from being a common legal ground for various legal cases that mostly involve multi-national entities or those that have different international origins, the Foreign Sovereign Immunity Act (FISA) may also be used as a strong basis—in fact, in many legal cases, it the Act is being used as the sole ...

The United States Supreme Court exercises both original and appellate jurisdiction on a number of legal matters. Original jurisdiction refers to the power of a court to hear a case for the first time as happens in a trial court. Appellate jurisdiction refers to situations in which a court has power to review a case from the lower court that has come before it in an appeal or for a review. The United States Constitution vests both original as well as appellate jurisdiction to the Supreme Court with respect to certain matters.
Article III, Section 2 of the United States Constitution gives power to the ...

The Supreme Court of the United States of America is the highest court in the country. Its decisions are binding to subordinate courts. In addition, it is the only court established by the Constitution of the United States of America. It was intended by the Federalists to serve as a final arbiter to legal issues. However, the court’s jurisdiction is lean and mostly discretional. Within the same context, a few instances suffice where the court must hear a case. These inform the first part of this paper’s discussion.
One instance where the court must hold hearing relates to when ...

Introduction

The society we live now is strongly dependent on information technology. However, despite the many benefits that come along with it, it also makes the society vulnerable to the activities of people who use the technology for wrongful purposes or personal interests. Information technology has bred world-class hackers who are responsible for significant damages and disruptions to information systems. However, hackers are not the only criminals in the information technology sector; there are also terrorist’s organizations that use information systems to plan and facilitate their activities. In definitional terms, cyber-terrorism is an unlawful attack against networks, computers, and ...

In the United States, there are fifty-one different court systems. While the majority of these systems are similar to one another in regards to their structure, several standout as being particularly unique. The Texas court system, which has a bifurcated appellate level; overlapping jurisdiction and over five levels of courts, is one of the nation’s most distinctive systems.
The unified Texas court system was established in 1836 following the Texas Revolution that freed the Texas colonies from the sovereignty of Mexico. Under the newly promulgated constitution of the Republic of Texas, a court system based in Anglo-American common law ...

The United States Supreme Court marks the highest court in the US. The court offers the final appellate jurisdiction and has the overall powers over other courts in the United States. The court consists of the chief justice and other eight associate justices within the framework. These justices are appointed by the president then effectively confirmed by the senate. However, this number depends on how the congress can fix the number that seems convenient in service delivery. Formed in 1789 marking the highest federal court in the US history, the court handles all matters including the federal matters regarding ...

Introduction

There has been an increase in the intensity of the relationship between domestic law and international law (Samaha, 2010). The above topic has led into a burning debate concerning how different domestic legal systems should face challenges in arising because of incorporation of international norms/laws. Different nations have their own jurisdictions governed by their constitutions. By definition, jurisdiction refers to practical authority given to a formal legal body defining specific areas of responsibility within which that the body can administer justice. Different nations have different jurisdictions depending on their constitutional demands. For example, in United States, the federal government has jurisdiction ...

Application of Defamation Laws in New Media

The defamation laws in Australia used to vary from one state to another until even 2006 but this lack of uniformity has been worked upon with the introduction of UDA which has brought together the state and territory governments on defamation laws into an agreement. But in Australia, there is still no particular legislation in place to deal with defamation issues of the new internet media. In general, the defamations laws are applied to publications including print and electronic media. The defamation laws aim to serve two purposes; 1) to protect the reputation of organizations and individuals subjected to ...

Federal and State Courts

The federal and state courts acquire their authority from the constitution of United States. This authority is however acquired through several ways. The federal court system is headed by the US Supreme Court. This court gets its authority directly from the constitution. The authority and jurisdiction of federal courts under the Supreme Court is acquired through precedents that have been set by the Supreme Court usually through the doctrine of Stare Decisis and also through Congress (Meinhold & Neubaeur, 2012, p. 54). This also indicates that federal courts are governed by constitutional and federal law. The structure and rules ...

Introduction

For the last two decades the popularity of the international investment arbitration and legislation has been dramatically increased. The volume of cases considered by virtue of the interpretation of the provisions of the bilateral investment treaties signed between the parties of the commercial relations has been increased. In addition, this trend reflects the preference of the business units and states in signing agreements with the umbrella clauses due to their simplicity and efficiency in determination of the disputes between the parties. The availability of several mechanisms that can be used for the determination of the interests of the parties ...

Procedural History: The National Football League (NFL), alongside other 32 separately-owned NFL teams sought a stay of order from the appellate court following an order from the state district court of the district of Minnesota enjoining lockout of players following an expiration of collective bargaining agreement (CBA). The order had far-reaching implication on the national football league as most of the team members of various clubs will not participate in the next matches as their contract expired. NFL was going to suffer a massive loss which according to the management of the league, the loss will not have any ...

Introduction

Tribal courts are a common phenomenon among American Indians/Native Americans. Their existence has been shaped and aligned along the Anglo-styled justice system that is dominant in the United States of America. There is a need to learn and understand the development of the tribal courts as relates to the American Indian approach. For instance, it is worth-noting that there exist several similarities between the 19th and 20th century American Indian experiences. The introduction of the Anglo-styled system of justice also means that the system to be used should be balanced. Whereas the tribal courts represent the past, the Anglo-styled ...

Under the Constitution, the legislative branch checks the power of the executive branch in four fundamental ways: advise and consent relative to presidential nominations; control of the federal budget (U.S. Const. art. I § 7-8); the ability to pass legislation and override the President’s veto (U.S. Const. art. I § 7); and power to remove the President from office through impeachment proceedings (U.S. Const. art. I § 3). In the case of the judicial branch, the Constitution allows the court to determine the constitutionality of the executive branch’s actions. (U.S. Const. art. III § 2).

How does the doctrine of stare decisis contribute to the interpretation of common law?

Consistent with the common law tradition, ...

Response to Post No. 1

I do agree that the US Supreme Court has some policy-making power, but I would not place it on the same level as the two other branches. I think that whatever power it has in the area of policy-making is very limited. First of all, it is limited to the interpretation of laws crafted by the legislature (Neubauer 2013, p. 3). For example, in the two cases you mentioned, the Court merely applied the provisions of the Fourth Amendment. It cannot, thus, overtly go beyond the clear meaning and intent of those laws. Unlike the other two branches of ...

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Based on your reading of the Wilson article and "The Blast in Centralia No.5", how would you justify the need for and importance of a strong and effective public administrative system in society?
It is essential for society to benefit from a robust system of public administration in order for lawful authorities to gain the ability to implement laws that regulate various concerns. James Wilson has consistently argued that bureaucracies, in general face failures due to the inefficiency of carrying out rules. A simple example Wilson cited concerns two scenarios – one that ...

(A). Legislative
[2]. The United States is a representative democracy as opposed to a direct democracy. Accordingly, we the people forfeit our right to be directly involved in most matters of the national government in return for trust that our representative will act on our behalf and in our best interests. Naturally, because we are not able to attend all the meetings on policy, meet the policy experts, and otherwise stay informed of all the necessary information needed to vote on a law, we the people trust that our representative is doing that for us. Consequently, a representative not ...

Business Writing

Response to Case Study One
Mac should file the cases in the Colorado Federal Court. In the entire United States, trespass is guided by Tort Law, which provides rights to property owners to file Civil Suits in a Federal Court. The trespasser is usually required to pay or recover any damage that might have occurred. In the perspective of a Tort action, the plaintiff is usually required to provide proof that indeed the trespasser or the offender had intentionally violated their rights i.e. privacy rights et cetera.
In Colorado, offenses committed in the dimension of trespass are guided by ...

As long as the Revolution of 1776 – 1783 established the United States, the Civil War 1861 – 1865 determined the kind of nation they are going to be. The war gave resolutions to two cardinal questions that remained unresolved by the Revolution: whether the United States are going to be a confederation of sovereign states or an impartible nation with a sovereign federal government, and whether it will remain in being the largest slave-owner nation in the world nevertheless it is born of a declaration which proclaims that all people have equal rights to liberty.
When Abraham Lincoln won the ...

The juvenile justice system was created to treat and rehabilitate juvenile offenders. As a result, policies and court decisions tend to reflect this goal. In this essay, three of the most important court cases regarding the juvenile justice system will be discussed. The first examines when a juvenile can be tried as an adult, and what steps must first be taken in the juvenile court. The second court case looks at what mitigating factors must be considered when sentencing a 16 or 17-year-old offender to capital punishment. The third case will look into whether 16 or 17-year-old offenders receiving ...

The Fourth Amendment of the U.S. Constitution affords "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Eventually, these words attempt to defend two essential freedom goods - the right to privacy and liberty from illogical assaults.
An examination happens when a belief of discretion that people considers reasonable is trespassed by a legislative ...

Facts:

The case is based on the experiences of Edie Windsor, who had been in a same-sex relationship with Thea Spyer living together as a couple for over 40 years and subsequent marriage in 2007. The marriage lasted for two years only as Spyer died in 2009 after living with multiple sclerosis that led continued paralysis. When Edie inherited from Spyer but the Federal Government taxed the inheritance signaling a refusal to identify the two as married couples. The federal tax law provides for a spouse to inherit assets from the deceased spouse without having to pay estate taxes. The decision to tax the ...

1
The relevance of these principles in today’s times is the same as it used to be in 1800’s. These principles are essential part of effective policing in various countries. The idea of community policing, that we find very effective today, is the brainchild of Sir Peel. He believed that the police force exists to prevent the crime and should always be present in the society in order to fulfill their duty.
2
The police work in two different capacities in the United States of America. There policemen who work under the federal government ...

Section 33 of the Canadian constitution allows parliament or provincial legislatures to pass a law even though it may contravene some aspects of the charter. As such, it is called a notwithstanding clause or a legislative override. This clause gives the parliament the opportunity to make laws which it believes are better in protecting the rights of the people as opposed to the provisions of the charter. Consequently, the parliaments as well as provincial legislatures are given the power to pass laws and declare them notwithstanding the charter. The laws that are passed by the parliaments and legislatures will therefore not be ...

Introduction

The government of USA is putting in every effort into ensuring security and safety of the country from crime and terrorism. The public agencies responsible for law enforcement continue engaging in their normal activities of preventing and responding to criminal activities. They are also aided by private security agencies, who engage in equally similar activities. In the US, the estimated number of private security entities is 90,000 with a total of 2 million officers in the service (Cooke, 2014). Private security service providers have been recognized for being the first individuals who respond to a security situation, for example, during ...

How the President’s Stimulus Plan for High-Speed Rail (HSR) will not work

The president’s HSR plan will spend billions to offer a rail service to a small percentage of the travelers. Importantly, the federal cannot afford this extravagant program, and it will cost taxpayers a lot of money. Thus, the plan will not work as previously expected. The federal has a large budget deficit of about 1.4 trillion (Utt, 2011). Thus, a massive expenditure on the HRS will heighten the deficit more. American citizens have realize that the plan will cost more compared to the perceived benefits. Although there seems to be small opposition on the HRS, it is clear ...

Federal funding for the restoration and protection of coastal wetlands

The federal government has an exclusive jurisdiction over protection and restoration of coastal wetlands that are deemed by DEC as of local importance. The federal government is statutorily authorized to adopt and implement a coastal wetlands protection law wholly or partially within the federal government’s jurisdiction. The law prescribes specific funding and procedures be followed in determining the extent of the coastal wetlands hazard while seeking to assert its jurisdiction over its coastal wetlands. The systems of the coastal wetlands protection necessitate forwarding of the federal government’s regulation to DEC for the establishment of the competence of ...

Question 1: Presidents play many roles within government and party. Using a news article from the last four weeks, demonstrate which is most important and why?
Answer. The President of United States of America has some crucial roles which are regarding the nation, armed forces, foreign policies, lawmaking, economy, and his own party. In his various roles for the government, the President is supposed to use his powers for legislations, government executive agencies, and as a custodian of national economy. The President is also held accountable for the representation of his party in the senate and how many members ...

Discussion

There is an overlap on the jurisdiction of the centers given that various centers exercise the authority already assigned to other centers. This overlap causes confusion over which center’s authority should be adhered to. While the authority of FDA overshadows that of center for Toxicology Research, the center for Toxicology Research reserves certain amount of authority and jurisdiction in the researching toxicology. The overlap in jurisdiction is demonstrated by the fact that FDA holds the overall authority while center for Toxicology Research practices its authority within the center (Mossinghoff, 1999).
Given that the center for Toxicology Research is ...

The Supreme Court case Kent v. United States, 383 U.S. 541 (1966) raised a number of important issues regarding the treatment of juveniles in the criminal justice system. The facts are as follows. The defendant, Morris A. Kent, Jr. was arrested for breaking into a woman’s apartment, stealing her wallet, and raping her (Kent v. United States, 1966, p. 543). He was 16 years old at the time he committed these offenses and, because of his age, was subject to the exclusive jurisdiction of the juvenile court (Kent v. United States, 1966, p. 543). Kent was subsequently taken ...

A fugitive is a suspect who disappears from a state or country to avoid arrest by the law enforcers of a certain area of jurisdiction. As a result, an arrest warrant is issued by the judge of a certain state or a country authorizing the law enforcers to search and arrest the person. By definition, a fugitive warrant is an arrest warrant that is issued by a judge of a certain jurisdiction to apprehend a suspect who has avoided prosecution and moved to another jurisdiction. Due to the variations in constitutional interpretations of clauses, an extradition procedure is required to guide the law enforcers of both states and nations ...

The Supreme Court is the highest federal court that is entitled to giving judicial Powers to the nation especially in the United States. It was established through the Judiciary Act of 1789 and formally received recognition in 1790. The Supreme Court receives recognition in Article III of the Constitution. This essential aspect of the judicial system ensures that various functions are fulfilled accordingly. These functions include: put in place proper procedures and rules for the federal courts and acting as the interpreter of the states and federal law. The Supreme Court comprises of a chief justice and other eight associate ...

Introduction

Every nation has specific agencies and organizations that ensure that all the activities are not only smooth but also meet some specific criteria. United States of America has various organizations and agencies especially within the labor industry in a bid to ensuring that all the activities of production are not affected negatively. An example of such an agency is the National Labor Relations Board, which aims at providing a good working environment. The following discussion provides an overview of the board and its functions, jurisdiction, and the procedures through which the board attains its objectives, core values, and aims.

Overview of the Board and its functions

National Labor ...

The concept of consumer protection can to be summarized as all efforts in developing structures and legal responses to outrage and crises developed by consumption of substandard products. Americans have in the past been subjected to consuming products that are a dangerous to the health. Once the dangerous nature of such products is known to the public, public outrage is usually the first response and such outrage is usually directed at any form of government, either federal or state. To this end, several government agencies and bureaucracies have been developed to address protection of consumers. These agencies have either federal ...

Introduction

Federal constitution, state legislatures, law making bodies and US congress creates administrative agencies. The main aim of the agencies is to manage social problems and rectify serious social problems. Besides, the agencies supervise matters concerning the government, which are beyond the expert skills of the legislators. The powers of the administrative agencies are intelligible, and control systems limit the powers. The paragraphs below discuss roles and functions of Federal Bureau of Investigation (FBI), which is an administrative agency with rules and procedures of its own.
Purpose of the agency and enabling act that created the agency
Federal ...

Introduction

The United States has several arms and agencies that are solely concerned with law enforcement. These policing institutions are created and managed by several levels of management including the federal, state and local level. Each agency operates under different jurisdiction and report to the specific management level. For instance, federal agencies as the name suggests, have federal jurisdictions and report to the federal government. To appreciate concepts of criminal law in the United States, it is important to understand these differentiate law enforcement agencies and their organization structure.

Federal Law Enforcing Agencies

The United States Code (U.S.C) grants the federal government the powers ...

Abstract

The United States Bill of Right is scattered in several Amendments of the Constitution due to the progressive developmental history of the U.S law and Constitution. Each amendment either introduced a new right or enhanced on the existing one. Of essence to my discussion, however, is the Due Process Clause was introduced in the American Bill of Rights by the Fourth Amendment to the U.S Constitution. As per the Amendment, no state should deprive any person his or her life, liberty, or property without following the due process of the law. In the Fifth Amendment, a similar stand was ...

What is the background information provided by the author?

The current environmental regulatory regime led to widespread dissatisfaction. This is because the centralized command-and-control environmental regulation does not offer a reliable method for determining the optimal amount of pollution or finding the most efficient means of achieving the desired pollution level. This has resulted in various reform proposals and policy changes to increase environmental quality. One of the proposed reforms includes abandoning most of federal environmental regulation and returning to the common law environmentalism. This proposal has however received harsh criticism from most stakeholders in the environment sector who believe that the failure of state common law is ...

1. Introduction

A. Describe the issue

A juvenile is a minor or an individual who has not attained eighteen years of age. Juvenile justice is an area of criminal law that deals with people who have not reached eighteen years ("Juvenile Justice"). In essence, the laws and jurisdiction apply to minors and are evidently different from those used on people above eighteen years. In the recent past, there have been passionate debates and claims about trials on minors especially those involved in serious crimes such as first-degree murder. Many youths are tried as adults yet in the eyes of the law they are ...

Introduction

The international community widely upholds the position that maintenance of the proper implementation of human rights standards violates the principle of state sovereignty within the international law system. In reality, the concept of human rights is involved in the internal sphere of the regulation of the states to certain extent, while the scope of the interference is quite limited. With the development of the concept of human rights in the contemporary society during the 20th century, the position of the state in the international arena and its influence is linked to the proper realization of the obligations regarding the ...

Introduction

The criminal justice system of the United States and other nations are often analyzed in an inward manner. It is treated as a local matter mainly because criminal justice is a preserve of a nation-state. However, internationally, the legal system of a country like the United States can be analyzed and reviewed within an absolute and relativist context. The purpose of this paper is to assess the impact of globalization on the American criminal justice system and also evaluate it in relation to other jurisdictions and how the American system fares internationally.

Globalization and the US Criminal Justice System

The United States affected and has been ...

Abstract

The Chinese drywall refers to the drywall mad in China and imported into the U.S. in the commencement of the year 2001 all through to 2009. The housing spike in 2006 occasioned by hurricanes led to shortage of construction materials in the country necessitating the importation of the said materials in huge amounts. However, the drywall was not without adverse implications. This paper critically looks into the problems associated with the drywall. More so, it generally examines the traits that characterized the numerous law suits filed by the victims of the drywall problem against distributors and suppliers of the ...

Introduction

The Constitution states that due process shall be and should be observed at all times, either in criminal or civil cases. Due process can either be substantive or procedural. Substantive due process is contained in several branches of law and refers to the government’s interference with an individual’s exercise of rights. Usually, it involves acts, matters or issues which society deems controversial. Examples of issues that have to be settled with substantive due process is the allowance or prohibition of abortion, same sex marriage and any form of state regulation which involves potentially or in any way ...

The Major Crimes Act states that the Indians shall be charged and held liable for crimes that will fall under federal rather than state jurisdiction (Langland, 2012). However, the Act has specifically mentioned that the law shall only be made applicable to Indians, but does not define the scope of who is considered an “Indian”. As a result, the courts are left with their own discretion to establish their respective tests to determine if the defendant is an Indian.
With the passing of the Act, the test that courts used to determine if a person is an Indian is ...

Introduction

The constitution states that due process shall be and should be observed at all times, either in criminal or civil cases. Due process can either be substantive or procedural. Substantive due process is contained in several branches of law and refers to the government’s interference with an individual’s exercise of rights. Usually, it involves acts, matters or issues which society deems controversial. Examples of issues that have to be settled with substantive due process is the allowance or prohibition of abortion, same sex marriage and any form of state regulation which involves potentially or in any way ...

Introduction

The police force is one of the most significant organizations in the society. They represent the government as they interact with and help citizens in need, danger or difficulty. It is the most interactive, accessible and dynamic organization in the society. The police have varied roles in the society; the organization divides into various segments, each with its outlined roles and duties (Wells & Falcone, 2005). Many people view roles of the police as; leadership in police safety, solving technical and social problems for citizens, possession on discretion, and helping in dangerous and hostile environments. This is a general view that ...

A Sherriff is a law enforcement officer whose jurisdiction is restricted within the borders of a certain county. A Sherriff officer receives his or her mandate from the state law office. A Sherriff has the mandate to arrest errant citizens within his or her jurisdiction. Other functions that fall within the mandates of a Sherriff are transportation of prisoners, control of traffic, investigation of accident scenes and many others. A Sherriff is in most cases deputized by the deputy Sherriff who assumes the Sherriff’s role in his absence.
In Los Angeles County, the Sherriff’s office operates under the mission ...

Marbury v Madison, is an early precedent that has been used to support judicial review. It demonstrated the responsibility of all arms of government as far as the preservation of constitutional values is concerned. It gave the courts the mandate to rule on the constitutionality of a legislative act. This has discouraged the legislature from voting in bills that are repugnant to the Constitution. This is by indicating that those acts that are repugnant to the constitution are not fit to be laws of the land. This is a great indicator of the superiority of the constitution.
The decision and ...

Introduction

In the united states, each state has the authority to enact its own laws. The state laws are only applicable to the matters that regard a specific state in which the state has the jurisdiction. However, the federal laws apply to all the states. This in some sense works well for all the states. However, there was a need to create uniformity in the laws among the states that was desirable to all. According to Hermann (56), this led to the enactment of the Uniform Commercial Code act. One of the chief functions of the Uniform Commercial Code is to ensure ...

The writ of habeas corpus is one of the major developments that brought significant transformations in law. “habeas corpus” is a doctrine that is based on the argument that an individual should not be unlawfully detained. According to Anderson (2006), the doctrines states that “the prisoner or detainee should be brought before the court to decide on the lawfulness of a person’s detention or imprisonment”. The doctrine is has been used in regular occasions in various countries. In the United States, habeas corpus can be used by the federal courts to determine the validity of a prisoner’s detention by the ...