Court Course Works Samples For Students

Question No.1

1ST ISSUE: WHETHER S 16 OF DEFENSE OF MARRIAGE ACT IS VALID

The provision is invalid on the grounds of unconstitutionality. Article IV, s 1 of the US Constitution provides “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.” The Court, in Mills v. Duryee, 11 U.S. 481 (1813) explained that the Full Faith and Credit Clause means that not only are records of public acts, records and judicial proceedings in one state admitted in another, but their effects as well. Section 16 should, therefore, ...

1. The Georgia Open Records Act also known as the Georgia Sunshine Law is the statute of the State of Georgia which gives a definition of what is considered to be a public record and which should be made available to the public upon request. The statute defines public records to be documents that are generated by individuals or groups in public office in the course of public service. Public records also constitute items that are received and maintained by a private person or any other legal entity on behalf of a public office or agency.

2. The pre-World War I opinion by ...

- What happened to instigate this court procedure?

The Compassionate Use Act was introduced in the jurisdiction of California in 1996. It contains provisions on the legalization and authorisation of the use of marijuana for medical purposes. The federal Drug Enforcement Administration (DEA), however, seized the marijuana which was in possession of the respondents (Angel Reich, Diane Morson and others) on grounds that, although legalized under the laws of California, it was in a violation of the Controlled Substances Act (CSA), which is part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Initially, the District Court ...

Discussion 1

Judicial review of competency or reasonability in regard to defendant mens rea (mental state) at issue in case involves four general rule elements where 1) waiver of rights is determined accord to the 2) capacity of a party to plea and 2) stand trial, the criteria to 4) defense. Defendants “pleading not guilty by reason of insanity” forsake criminal responsibility in exchange for state mental health incarceration (Meyer & Weaver, 2006).

In the cases State v. Bates and State v. Stiller no assignment of incompetency should occur. If temporary insanity is determined to be in question, hospital ...

Question One

Interviews are those normal question-and-answer sessions between an investigator and either a victim or a witness. Most interviews are always carried out outside of the lock-up, in rooms designed specifically for interviews. Interrogations can be described as normal questioning of a suspect in a crime. They are mostly held within the safe confines of a lock-up facility.
Before an investigator starts interviewing or interrogating someone, the objectives of the exercise must be laid down. The objectives can be to prove innocence, to have valuable facts and to get a confession. The next step involves watching every move that the party makes. This includes noting ...

A city Housing Authority operates city owned rental property. The Housing Authority issued the following regulation:” ‘Family' means a number of individuals related to the nominal head of the household or to the spouse of the nominal head of the household living as a single housekeeping unit in a single dwelling unit, but limited to the following: (a) Husband or wife of the nominal head of the household. (b) Unmarried children of the nominal head of the household or of the spouse of the nominal head of the household, provided, however, that such unmarried children have no children residing with them. (c) Father or ...

As a general rule, top-level answers should be a minimum of one paragraph of moderate length. Expect this to be a minimum of 150 words, usually requiring 10 or more sentences. Top-level posts less than 150 words will not be considered for full credit. Opinions are great and should be included! However, when possible, please support any opinion in the discussion with factual information or theory of substantial weight taken from some quality source or sources. For these top-posts you should avoid more than two sentences of direct quotes from any source. For the remainder of the post you should include a combination ...

The death penalty was introduced in America through the common law brought by the British (Garland et. al., 2011). Indeed the British carried out the death penalty in America during the colonial era. When America gained independence, the death penalty was transplanted to the laws of the independent America. Though it was not expressly provided for, they were arguments that since the Eighth Amendment only prohibits unusual and cruel punishments, it does not disallow death penalty. Accordingly, there were several instances of death penalties imposed.

The Supreme Court considered the constitutionality of the death sentence in the case ...

The principle of habeas relief originated from the English legal system. It excludes a named person with the force of law to be excluded from court proceedings that lack sufficient cause and legally acceptable evidence. A motion of habeas relief enables a federal court to review the proceeding from a state court and determine the competency of the case. It is usually sought by a parry that feels aggrieved by the nature of the court proceedings.

After Mathew Musladin was convicted of murder, he appealed to the California Supreme Court arguing that the trial judge did not stop the family members from wearing a ...

The New York Secure Ammunition & Firearms Enforcement Act commonly known as the NY SAFE ACT is a gun control law in the city of New York State Legislature & was signed by the Governor of New York Andrew Cuomo on 15th January 2013. This legislation as written in reaction to the shooting, done at the Sandy Hook Elementary School of Connecticut. It states that If in case the broad prohibitions against any of the weapons are invalidated by the courts, then the NYC safe act contains a provision of severability, regulations related to a number of firearms. Few of the provisions ...

Probably the main peculiarity of the warrantless vehicle searches cases is that the question of the existence of the probable cause is left to the discretion of the law enforcement officers. Police officers make their decisions on the basis of the information that is presented to them, and only they are in power to decide whether that information is trustworthy and reliable enough to constitute a probable cause for the arrest or search.

Rule of Law

In Brinegar vs. United States the Supreme Court paid a particular attention to the question of existence of a probable cause in case of a warrantless search of a vehicle. The ...

The ‘exclusionary rule’ is a rule based on the Fourth Amendment of the United States Constitution which prohibits unlawful search and seizure. The exclusionary rule mandates that evidence seized in violation of the terms of the Fourth Amendment is not admissible in court and should be excluded at trial; it is an attempt to deter police misconduct and prevent them from usurping the constitutional rights of citizens. It is a rule which was originally expressed in Week v. United States, 232 U.S. 383 (1914); in 1961 the Supreme Court made the exclusionary rule applicable to the states in the case ...

Introduction

Crime refers to wrong actions that cause injury to people or cause interference of their lives. However, these actions that interfere with other people lives cannot be classified only as a crime, but also as a tort. A tort is a wrongful action that causes injury or interferes with the other person life or property.

In the Pahler case, the court did not use the same reasoning used in Bailey vs. Eminem case. Pahler committed a crime by shooting and murdering actress Lana Clarkson. Crime can be defined as, wrongful act identified by a state as a crime, leading to hearing criminal case in the ...

An opinion is described as a particular understanding that one has towards another person, a situation or simply a particular matter (Darner, 2008). Most often than not, an opinion is specifically formulated by a person based on his knowledge and the experiences that develop his personal perception about an issue that he might be involved in. Relatively, such elements mandate a profound consideration on how thoughts have specifically been considered to create a distinct representation on how and why one believes on something. On the other hand, a majority of opinions is understood as the collection of opinions; a centralized distinction on how one particular group specifically ...

Arizona v. Johnson, 555 U.S. 323 (2009)

In Terry v. Ohio, 392 U.S. 1 (1968), a police officer spotted Terry and another man walking back and forth in front of a store in a way in which this veteran officer believed to be suspicious. The men met at the corner and conversed after staring in the front of the store window several times. Another man joined them in the corner conversation at one point. Believing that the men were casing the store, the officer approach the men, identified himself, spun Terry around and patted down his outer clothing. Upon feeling what he ...

Multi-media Sources:

Source 1: Strossen, Nadine. “On the Challenges to Our Freedom of Speech.” Keppler Speakers Keppler Speakers Bureau. n.d. Web. 4 February 2014.
Source 2: Kutzman, Daniel. Free Speech Zone. Political cartoon. About.com Political Humor. About.com, n.d. Web. 5 February 2014.
Source 3: Examples of American’s Superior Values from Cohn, Bob. “21 Charts that Explain American Values Today.” The Atlantic. 27 June 2012. Web. 6 February 2014.

Domain-specific Vocabulary/Key Terms: P.C.- abbreviation for ‘politically correct,’ a form of speech intended to avoid offense to anyone; Free Speech Free Zones-quarantined areas for political ...

The Supreme Court is established by the Constitution under Article 111, Section 1. The Supreme Court has original and appellate jurisdiction to determine and adjudicate any matter. However, the original jurisdiction is limited to cases involving disputes between states, disputes arising from ambassadors among other higher-ranking ministers in the government. Appellate jurisdiction on the others is the authority given to the court to review the decisions of the lower courts (Lieberman, 67). Therefore, in most cases the Supreme Court deals with appeal cases from lower courts, when parties to cases do not feel satisfied with the decision of the ...

The United States Constitution is one of the most progressive and the oldest written constitution in the world. It gives the government its legitimate authority and outlines the responsibilities of the people to the Nation. The constitution also protects human rights and fundamental freedoms of the citizens in the Bill of Rights. It provides the citizens with an avenue to enforce their alienable human rights by recourse to the judiciary.

Popular sovereignty is one outstanding characteristics of the US Constitution. Political power rests with the people, consequently, people have the power to elect into office and recall their representatives. ...

- Both the prosecutor and defense attorney are officers of the court who are given authority discharge several duties both within and out of the courtroom

- As court officers, both the prosecutor and defense attorney have support staff such as secretaries and investigators whom they rely on during the investigation of cases to be presented before the court of law (Reyrauch, 2011).

- Both the prosecutor and defense attorneys have powers to participate in the investigation of a case. This is done by interviewing evidence, analyzing the crime scenes and police reports to determine their credibility and validity before ...

The best evidence rule is codified in the Federal Rules of Evidence. Rule 1002 provides that, unless otherwise provided by the federal statutes, an original recording is required in order to prove its contents. At the same time, Rule 1003 states that the duplicate of the original recording is equally admissible unless there are genuine doubts as to the authenticity of the original piece of evidence. Rule 1004 allows not to require the original evidence if it is impossible to obtain the original by any available judicial process. The court may also admit the summary of the original evidence, ...

Law

Alastair Brett v The Solicitors Regulation Authority [2014] EWHC 2974

In 2009, Patrick Foster, who was a media reporter of The Times, faced charges involving breach of code of conduct for violating the provisions of the Computer Misuse Act 1990. Foster hacked the personal email account of detective Richard Horton, who was a police blogger and used the code name “Nightjack” in his blog site. Foster was able to find out the true identity of “Nightjack” after hacking Horton’s yahoo account. As a result, Horton filed a case for injunction against The Times for and breaking into his email account ...

Following the American Psychologists Association’s Guidelines

The case in question, that of the Carr Brothers, involved two siblings Reginald and Jonathan, with a long history of criminal activities having killed and sexually abused five young men and women. A sixth woman, who survived a gunshot wound to her head, and walked a mile in the snow to seek help. She succumbed to her wound later, and before death gave her evidence against the brothers.

The Wichita Court sentenced them to death. According to the sixth amendment to the US Constitution, there must be -“ In all criminal prosecutions, the accused shall enjoy the right to a speedy and public ...

Introduction

Many school officials have performed countless duties and responsibilities in different level of challenges that are extremely in demand. School officials are expected to work hard with different students with different characteristics, faculty, and parents in complex circumstances. It is necessary to face multiple needs and the necessity to make decisions in accordance to the environment it belongs, in the right time, right management, and with full liability. In the legal research, the importance of the Supreme Court about the New Jersey v. T. L. O. is reviewed properly by state court cases related to the Search and Seizure ...

It is true that works of the African American Psychologist, Dr. Kenneth Clark was heavily relied on by the United States Supreme Court in Brown V. Board of Education (1954) and substantially had an influence in its decision. It should be appreciated that prior to the Supreme Court reaching the decision to outlaw the racial segregation in the Education sector, the Supreme Court in its decision in Plessy v. Ferguson upheld the constitutionality of state laws that required segregation in public facilities.

Based on the foregoing, it is obvious that the Supreme Court had to be moved for it ...

1. What is the proper case citation for the case?

The proper case citation for this case is R. v. J.A. 2011 SCC 28. (It is a neutral citation). This is a criminal law decision of the Supreme Court of Canada regarding consent in cases of sexual assault.

2. Who is the Respondent and who is the Appellant?

J.A. is the Respondent while Her Majesty The Queen is the Appellant.

3. Name all the levels of court (full proper names) involved in the case.

Court of Appeals for Ontario
Trial Court of Canada

4. How many SCC justices heard the ...

The constitution was written over 200 years ago. The Supreme Court is under the judicial branch of the central government. The supreme court of the United States is the most powerful judicial body on earth. They deliberate and reach their decisions in private. Even though its legitimacy is in the constitution, its power rests on public faith in their independence and impartiality. The court interprets the constitution as it safeguards liberty and upholds the rule of law. Whenever a new justice arrives, the court pose for a group photo. There has been over 100 supreme judges most of whom remain in ...

A pretrial motion is a meeting that occurs between the accused person, the plaintiff, the layers and the judge. The pretrial motions are conducted after the confirmation that a case has to proceed to trial (Berry, 1989) .Pre trial motions deal with issues that affect will affect the outcome of a case. Some of the issues are;

Avenue change-Parties to a criminal case can request for avenue change. Factors such as publicity and security of an accused person may influence the court to order for the change of a trial location.

Evidence exclusion-Any party to a case can request a court to exclude evidence that they ...

Abstract

In Ross v. Moffitt (1974), it was held by the U.S. Supreme Court that the indigent criminal defendant is not entitled to the right of an appointed counsel at State’s cost as the indigent defendant is already entitled to the right of the appointed counsel at the courts below i.e., the trial court and first court of appeal where a counsel’s advise and presence is required at the various stages of trial and to point out to the Appellate court the errors committed by the court below. What is more important is the due process clause rather than ...

Some blue collar jobs requires both a high school diploma and a certification from a skills test to qualify for a certain position. Psychological test are also essential in the labor market to ensure the stability of an organization. However, some test made for blue collar jobs may not be valid because it does not capture adequate psychological information to assess the capacity of an applicant. From a personal experience of a friend, a company requires at least a minimum of college level to qualify for the position of the janitor. Such experience may be discriminating in the aspect of education because janitorial positions main requirement is ...

Drug courts play a vital role in the criminal justice system. The war against drug, which had started some decades back, is one of the causes of the ballooning of prison population in the US. Today, the US has the most populated prison system in the world (Hale et al 2013, p. 517). Drug courts can whittle down prison population and cut down recidivism rates. They add a facet to the criminal justice system – one that does not only judge and incarcerate, but help in restoring a person as a good member of society. The help that drug courts offer, thus, includes ...

Introduction

Since 9/11, the specter of terror attacks has turned US terror policies upside down. Legislations that broadened the scope of government ability to detain terrorist as well as an extensive overhaul of government departments ensued. The US, long known for its adherence to due process, immediately gathered and arrested terrorist suspects detaining them in a military prison facility outside of the country taking liberties that it would not have ordinarily done or allowed to do under ordinary circumstances. The handling of terrorist suspects is one of the most debated issues in recent times. On one hand, the government wants to ...

Furman v. Georgia

In the above case, the U.S. Supreme Court found for the first time that the death penalty in this case was unconstitutional. The petitioner William Henry Furman was committing a burglary in a home when his weapon accidentally killed a resident therein. Georgia court convicted Furman for murder and awarded death sentence. Along with this, two other cases Jackson v Georgia and Branch v Texas that awarded death sentence for rape were decided by the Supreme Court on the question whether death sentence in these cases constituted cruel and unusual punishment violating Eighth and Fourteenth Amendments. The U.S. Supreme Court reversed the ...

Introduction

Under criminal law, false arrest occurs when one party holds another wrongfully and takes them to custody against their will. This can be committed by both law enforcement agencies and private persons. It is a crime to restrict wrongfully or limit the personal freedom of another person against their consent (Rix, 1995). Anyone doing this commits a crime of false imprisonment. The remedies available to the victim of false imprisonment depend on the harm caused. In most cases, however, the victims have the remedy of damages.

There is no doubt that Dziuma was falsely arrested, and he was never given a chance ...

Solitary Confinement: Forced isolation-issues and concerns

One of the more disquieting trends prevailing in the American correctional system is the rising instances of drawn out and at times fixed practices of cruel solitary isolation in “supermax” prisons to detain prisoners that the government deem as extremely dangerous. Majority of these prisoners are detained for extended periods in solitary confinement facilities. In a number of states and in the Federal correctional system, there are a number of inmates that have been literally sent to harsh solitary confinement for all of their sentences in prison. For example, a set of prisoners in the Ohio correctional system have been designated ...

In the case of Nova Mink v Trans Canada Airlines , the High Court ruled that airplanes that are governed by the Air Traffic Rules which are ruled by competent authority shall be subject to common law duties of care, unless otherwise excluded by legislation that expressly provides for an exclusion. This is regardless of the fact that they cover a wider range of mobility, both in vertical and horizontal settings. In the case of aeroplanes, they cannot be analogous to railways since the latter is excused when operating in accordance with statutory rules including accidents which occurred in level crossings ...

1. What key needs in local law enforcement agencies must be met to improve response to computer crimes? How is the issue of computer crime currently addressed, and how do you feel that law enforcement responses could improve? Explain.

The of the key needs in local law enforcement agencies in improving the response to computer crime is keeping pace with the Tech-savvy criminals. There are has been tremendous changes in the computer field. The computing environment is becoming more and more complex. As such, the computer criminals are also coming up with sophisticated ways of overcoming the security mechanism ...

Chicago v. Morales is a 1999 Supreme Court case where the court provides that the law is not vague to distinguish an illegal activity from an innocent activity (Sigel et al. 2011). Common law provides that loitering is a form of crime. The Chicago gang ordinance prohibits people in the area from loitering aimlessly in the streets. In the instance an officer on patrol noticed a man and perceives them as a gang, the officer can disperse the person from loitering in the public. The police department uses a 92-4 order to provide the designation from the public areas. Some of the judges upheld ...

Introduction

The West Tankers litigation, especially the decision of European Court of Justice, has raised many questions as to the issue of enforceability of arbitration agreements in EU Member States. The Court, by its decision, has extended the scope of application of the Brussels regulation to the arbitration agreements, and precluded English courts from issuing of an anti-suit injunction aimed at prevention of any judicial proceedings in other Member State when such proceeding clearly violates the arbitration agreement. In the following article, I would like to contemplate on the possible consequences of the court`s ruling as to the enforceability ...

Political science

Lawrence v. Texas is a litigation in 2003, which led to the cancellation of prosecution for anal sex between adults by mutual consent in the United States. In 1986, the Supreme Court has already analyzed a similar case in the state of Georgia at a legal investigation "Bowers v. Hardwick". Then the Supreme Court by the decision of five judges against the four acknowledged the appeal of plaintiffs for equality of all citizens before the Constitution ridiculous and left the law in force. When considering the case of Lawrence, it was not easy for the Supreme Court to take the opposite ...

Bankruptcy is a state where a business or person is unable to pay their debts. There are benefits that an individual gets from filing a bankruptcy like the possible discharge of certain debts. They also include cushion from harassments over debt collection and more time to prevent foreclosure proceedings. On the other hand, it might have some negative effects including the effects on debtor's credit rating, liquidation of property and the problem of securing loans or credit card. The elements of bankruptcy clearly defined under chapter 7, 11 and 13 (Keenan & Riches, 2007).

The bankruptcy in chapter 7 is where ...

Drug courts are courts that oversee the reformation and rehabilitation of non-violent drug offenders (Cole & Gertz, 2012). Under these courts all stakeholders of the criminal justice system work in tandem to ensure that those going through the program are reformed and rehabilitated. The drug courts supervise the treatment program especially through regular review of the offender to ascertain the progress made. The court normally rewards the offender where there is positive progress, and imposes sanctions where the offender has regressed or violated any of the conditions that had been imposed. There are drug courts for adults, juveniles, and ...

The situation in which John Jacobs and the local Chevrolet car dealer find themselves is a dire one. The two parties sign a contract that is both binding and legal. Both parties have an obligation to honor the conditions that have been set in the contract that they entered into together. John Jacobs breaches the contract that was signed when he is unable to pay the local Chevrolet dealer when he blatantly refuses to perform his obligations of the contract that he was to pay for the monthly instalments. In this case, John Jacobs is the defaulting party and the local ...

a.
In the case presented, plea-bargaining agreement is important to the justice system because it de-clogs the cases courts need to address. It helps the court focus their limited resources in more important cases. Siegel, Schmalleger& Worrall (2011) corresponds to a legal term that is considered as a comprise, that is vital for the judicial function. It is an agreement between the prosecutor and defendant parties, where the defendant pleads guilty to several aspects of the charges. The defendant will plead guilty to a less serious charge or charges and, as a result, the other aspects of the charges will be dismissed ( ...

The Miranda warning is a rule which provides that the police must give criminal suspects in the custody of the law enforcement officers, in the United States, a warning before they can ask questions about what took place during the crime. The rule is exclusionary in that any evidence that is obtained with the violation of the Miranda rules can be successfully suppressed in a court of law. The rule was mandated by the decision of the Supreme Court of the United States in 1966 in the case of Miranda v Arizona. This decision was made in order to protect the Fifth ...

Facts: This case was filed by Ernesto Miranda and his 3 other co-defendants for failure of the investigating officers to warn them of their rights before conducting the custodial investigation. The defendants were charged for the crimes of rape, kidnapping and robbery. During the interrogation, the investigating officers failed to inform the Miranda of the legal consequences of the oral admissions made in the presence of the police officers (Burgan 25). Miranda claimed that the officers promised that they will drop the robbery charges if he will confess to the crime of rape. Miranda admitted that he had raped ...

Once a complaint and summons have been served on the defendant, settlement negotiations must stop.

In a federal court action, a general denial challenges the subject matter jurisdiction of the court.
If the defendant has an affirmative defense to a claim, it must be alleged in the answer or it may be waived.

A copy of the answer must be personally served on the plaintiff.

A cross-claim is generally allowed when a claim by one defendant against another named defendant arises out of the same transaction or occurrence that is the subject matter of the complaint.

A third-party complaint, unlike the cross-claim and counterclaim, is a separate pleading.

All allegations in a counterclaim, cross-claim or third-party complaint are deemed denied and need not be responded to.
If a defendant in a lawsuit fails to object to the subject matter of the court prior ...

Introduction

Ideally the investigating officer clearly violated the Brady Rule. The officer would instead have had relied on the fourth witness, a situation that would provide more and reliable information regarding the suspect. It will be realized any information obtained from witnesses provided that they are mentally fit and unbiased should actually be relied on since people may have differing views concerning an event.

Studies extend to reveal that the Brady Rule requires all prosecutors to reveal materially exculpatory evidence within the possession of the government to the defense. Generally, the evidence that the prosecutor is actually required to reveal with ...

Criminal Law

Question No. 3

The biosocial perspective is an essential tool in order to develop both effective prevention and rehabilitation programs. Some of these biosocial factors include socio-economic deprivation, poor parental supervision, low intelligence, anti-social parents and siblings, harsh-child-rearing approach, delinquent friends and impaired decision-making (Cole and Gentz, 2013). Delinquency prevention efforts must not only be based on psychological but biosocial theories. Delinquency, especially on the part of the youth, should be directed at strengthening the child’s life at home and personal relationships. Family problems such as alcohol and drug-dependency issues, child abuse and sexual abuse can trigger deviant ...

The juvenile justice system is a foundation in the society which is granted responsibilities and power; it mirrors the adult system of criminal justice in that it also has three basic components like the adult system of justice. Its components are courts, police and corrections. The juvenile justice system brings the juvenile delinquent in contact with the court system if found guilty and the local police. A police officer is the first contact that a juvenile offender has with the juvenile system. He/she is considered the gate keeper of the juvenile system. Police officers are the most visible officials in the ...

Transferring the juveniles to adult court is a weighty matter. It has many implications for the adolescent involved and the meaning of the justice system. The transfer of the juvenile to the adult system holds the probability of a harsher punishment. Transfer of juveniles to the adult court system is a statement that the justice system will not shelter the adolescent from harsh justice. The seriousness of the crimes committed by the juveniles necessitated the transfer of the juveniles to the adult court. This ensured that no criminals were roaming in the streets. The harmful effect of transferring the juvenile to the ...

The term de minimis is an abbreviated form of a Latin term “de minimis non curat lex” which loosely states that the law does not care for small things. It refers to the legal doctrine where a court adjudicating over a matter refuses to be drawn into trivial matters or to consider petty matters. This common law concept was expressed in the English decision of the “Reward” in the year 1818 and also restated by Justice Robert Seigmann of the Illinois Appeal Court in the case of People v Durham.In a law suit coming for adjudication, the court applies this doctrine ...

Weeks v. United States (1914), was a Supreme Court petition appeal for which Weeks had been convicted. The Court solidly agreed that a warrantless confiscation of property from a personal place of residence constitutes a breach of the Fourth Amendment. The case led to prevention of evidence securing in the federal exclusion rule by police officers who later gave it to the federal officers

Silverthorne Lumber v. U.S. (1920). Here, the question was to allow or not to allow products of illegal evidence in court, which would allow police to dodge the Fourth Amendment. It was held that the evidence was not admissible ...

United States v Karen Fletcher (2006)

Fletcher’s Lawyers

Indeed it is our contention that the actions in this charge do not in substance amount to obscenity. It is our contention, which we humbly submit, that the contents of the Red Rose Website in their entirety do not constitute any form of obscenity. In seeking to convince the court of our contention we wish to rely on the celebrated ruling of Miller v California. Indeed, the Miller test was muted with the intention of phasing out the previous bad law. The Miller test classifies obscene material as that which lacks serious literary, ...

Abstract

Freedom of speech, freedom of press, freedom of association, freedom of assembly and petition are all part of this great nation’s democratic freedom of expression. Protected by the First Amendment, freedom of expression, as the Supreme Court has written, is the matrix of every other form of freedom. However, this freedom has been on many occasions misused, especially during times of national crisis. In 1984, during a Republican National Convention in Dallas, Texas, one Gregory Lee (Joey) Johnson participated in a political demonstration to protest against the then President the late Ronald Reagan and some Dallas-based corporation’s policies. In ...

Item 1

- The Family and Medical Leave Act (FMLA) is a law requiring all employers with group health insurance coverage to grant its employees with unpaid yet job-protected leaves without the postponement of their health insurance, subject to their eligibility. Whereas the FMLA allows employers to let their employees with family and medical problems go on leave without pay, it nevertheless requires them to preserve the job positions and health insurance benefits of eligible employees. Employees eligible under the FMLA include full and part-time employees with a weekly working duration of, or exceeding 50% of a normal workweek, which roughly corresponds to 40 ...

The petitioner who had been a Commanding General in charge of the Fourteen Army Group that belonged to the Japanese Army stationed in the Philippine Island. He was forced to surrender to the US Army making him a prisoner of war (Kirk, (1974). On the other end the respondent was the commanding General from the US Forces whose base was the Philippine Island. He had appointed a military commission that was in charge of the case. The charge being that the petitioner had on an earlier date been unable to control the operations that had been laid out for his troops. The ...

The court that I visited was the Boston Municipal Court which was located at the Government Center T stop on the Green Line. The name of the judge was Honorable Charles R. Johnson. The hearing that I attended was a criminal case involving theft. The defendant was present. He was about 30 years of age and was charged of stealing the money from a grocery store. There was a witness who testified before the court and was the cashier during the time the defendant stole the money. The cashier was a 25 year old girl who was on duty when the crime took ...

Question one

K Company has restricted the European based from using the operating system to develop their computer brand. It denied them the right of sharing the copyright and patents of its software. It thus meant that it was the only company in the market trading the computers using that particular operating system. The company’s action violates article 81 and 82 by not a binding to set regulation of the agreement. Article 81 and 82 of the European Community Treaty are agreements that bind the activities or transaction-taking place between two nations. According to article 81, it states that all parties ...

A declaration is a statement under penalty of perjury, not sworn to before a notary.

The research for a memorandum of points and authorities is sometimes done by a paralegal.
Motion practice is often the subject of local rules of court, both in federal and state courts.
An order shortening time is often the result of an ex parte motion.
Service of moving papers in support of a motion is evidenced by a certificate of mailing.
The hearing on a motion can be handled by a paralegal.
Sanctions imposed for making a frivolous motion usually take the form of an award of attorney fees.
Under the Federal Rules of Civil Procedure, a moving party is required ...

Introduction

This paper explains how the courts in California are organized, particularly the Superior Courts system, and describes the method of determining a defendant’s bail, as well as considering the fairness of that method.

Description of the Superior Court System

The California Supreme Court is the highest court, supported by appeal courts and by a system of superior courts in each county, which have jurisdiction over both civil and criminal cases. In 2001, all 58 California counties merged their municipal and superior courts into a unified superior court per county. Overall, there are 400 superior courts locations, overseen by almost 1,500 judges. The superior courts also hear ...