Essays on Federal Court

Interaction between the three branches of power

"Trias politica", as it was formulated in the 18th century, includes separation of powers between the legislative, executive, and judicial branches of government (Peterson). An important element in it is the system of checks and balances, which guarantees that none of the three should dominate the others. This is ensured by empowering each branch to have its own set of powers (balances), and some of the competencies of each branch make sure that another branch doesn't abuse its power (checks). Here are just a few examples: Checks on the executive branch by the legislative branch: The Congress can override ...

Introduction

Gender equality is one of the most controversial and complicated issues that have plagued human societies for many years. In fact, the issue regarding gender equality has been an age-old problem that have prevailed even in the contemporary society. The problem in gender equality lies on the concept of equality itself, primarily because the concept of equality is too broad to be explicitly defined. The case of Stella Bliss, for example, is a manifestation that the concept of equality is subjective and depends on the prevailing perception on equality. According to the merits of the case, Stella Bliss, a ...

Chapter 3: The Case of Barr v. Goldberg

The answer to the question of whether the cases from New Jersey, Michigan, Oregon are precedent depends on whether the trial judge is sitting in a federal court in Nevada or a Nevada State court. If it is a federal court, then the Oregon case would most likely be precedent whereas the Michigan and New Jersey cases would be persuasive. The reason for this is that the court system at the federal level is in essences, the same court divided into 13 circuits or regions that span the whole country. In other words, all federal courts apply federal law, ...

Introduction

Statements made prior to making a contract, as a rule, are not binding for the parties. At the same time, false or misleading statements made with the purpose of inducing another to enter into a contract can be found invalid, giving an innocent party the right to various remedies under the law. Under the common law, a victim of misrepresentation may be entitled to rescind the contract. Legislation, such as Australian Consumer Law, sets a pecuniary penalty in the event of breach of any of its provisions relating to consumer guarantees or false/misleading statements. Thus, the relevant case law ...

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990. The FAA provides the guideline for the enforcement of arbitration agreements ...

Question 1

Essential roles of trial judges are to establish privileges in courtrooms and qualifying privileges, while promoting fairness, morality and justice in the society. Judges are to uphold the constitution and the law of the jurisdiction that they occupy in the judiciary system. The judge assists claimants in solving issues amongst themselves by getting rid of the emotions and providing guidance to the claimants. The judge can achieve this on their own or with the help of a jury.

Question 2

Various states are accepting the use of non-unanimous verdicts due to the complex nature of certain cases. In some instances, the ...

Homework Assignment #2

1. What are the essential responsibilities of a trial judge? The essential responsibilities of a trial judge are to safeguard public interests and the rights of the accused, treat each case individually, be sensitive to and respectful of all participants of the criminal trial. 2. Why have several states eliminated the requirement of unanimity in jury trials? The First Congress eliminated the requirement of unanimity in jury trials. The Court concluded that this requirement used to be the common expectation. 3. a. Name the three (3) critical roles a lawyer serves in society.

3.b. Why have many lawyers and ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

The use of marijuana has remained on the balance with different states making it legal for both medical and recreational reasons. The medical aspect of marijuana has been subject to debate for several years as many under the American constitution. It remains critical to the understanding of users as well as potential businesspersons to follow the laws regarding the handling of marijuana laws. Given this, the federal legislation has always prohibited the use of marijuana with very few exemptions. There are often several challenges when it comes to licensure and legalization of marijuana. It has high potential for abuse ...

Introduction to Travel and Tourism, Hospitality and the Judicial Process

1. A. In this case, Hanna can claim for the damages for the sufferings she met owing to the incompetency of the hotel. Hanna can claim for the compensatory damages, that will include the out-of-pocket medical expenses incurred, lost wages and damages for the mental and physical agony suffered. She is also eligible to claim for the damages due to loss of enjoyment in life, loss of consortium or companionship, inability to engage in sexual activities during the recovery period, loss of services that will include loss of aid, companionship and assistance of the parent or another person, etc. . ...

The federal court system of the United States has been divided into 94 federal judicial districts in order to efficiently dispense federal justice. The physical extent of the powers of each judiciary is not necessarily bound by state borders or borders of any specific kind, but is decided by Congress (“Court Role and Structure”). For example, the District of Wyoming has jurisdiction over all of Yellowstone National Park, including the areas of the park that are located in Montana and Idaho. Another example is that of New Jersey, where the physical extent of the jurisdiction includes Camden, Newark, and ...

Abstract

This paper examines the case of Massachusetts v. Environmental Protection Agency, a 5-4 Supreme Court decision that combined the substantive, environmental law question of whether the Environmental Protection Agency erred in its initial decision not to regulate greenhouse gas emissions for motor vehicles with the procedural issue of whether states, cities, and environmental organizations had legal standing (defined as the right to use the courts as opposed to Congress to force governmental action) for the environmental claims at issue in the case. This paper begins with a brief overview of the political, legal, and cultural context for assessing the ...

(1). As set forth in the Constitution and through judicial interpretation of the Constitution, the Supreme Court plays a number of important and necessary political and legal roles. First, it is one of the three branches of the federal government. Accordingly, as provide for in the Constitution, it is an essential part of the system of checks and balances that guarantees that no one branch is able to become too powerful. In this role, the Supreme Court may check the power of the Congress or the president through the determination of whether their actions abide by the Constitution. A ...

The legal principles of the United States were originally derived from the English and French legal systems, (Federal Judicial Center). Before that, those European systems were derived from Roman Law, (Federal Judicial Center). However, the system that we see in place in the United States today is derived from the United States Constitution, (Federal Judicial Center). The courts that comprise the federal and state systems are outlined in the Constitution. The Constitution essentially lays out the framework and limitations that the courts of the land can take. It is up to the Congress and the individual states to exercise ...

Unintentional discrimination occurs when a company’s policies uncritically reflect prejudicial stereotypes, however, do not involve overt racial prejudices of its managers or executives .

The people who have the most gain from allowing undocumented individuals to vote say it does. It is intentionally discriminating against people who should not be allowed to vote because they are not citizens. For example, in Washington D.C. federal court rejected a Texas laws that require voters to show photographic identification in order to cast their ballot. The three panel of judges found that the law imposed a strict and unforgiving burdens on the poor, pointing out ...

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 ...

CITE: USA Today, Oct. 2, 2013, page 34.

FACTS: Katherine Jackson, mother to Michael Jackson brought a suit on negligence against AEG Live LLC. AEG Live LLC was a concert promotion company that produced Jackson’s comeback concerts. Katherine argued that AEG Live LLC acted negligently in hiring the physician responsible for administering the medication that killed Michael. Conrad Murray, the physician, was found guilty of involuntary manslaughter in November 2011 for administering a propofol overdose that lead to the death of the singer.

In their negligence claim, the family sought to show that AEG Live LLC was responsible for hiring the ...

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 ...

There are several issues of law that are presented in the case scenario involving Little Jimmy O’Leary and Sally Johnson. The main issue is what’s known as a conflict of laws. Conflict of Laws is the legal process of determining the relevant courts that have jurisdiction over a case at hand, and also determining the appropriate laws that the court should apply in its decision over a case. In the present scenario Mr. O’Leary, domiciled in Alabama got into an auto accident in Florida with Ms. Johnson, domiciled in New York. Both parties owned homes in Florida. Mr. O’ ...

Questions:

i. How did this case help "hasten the arrival of the American Civil War"? This was due to the fact that the case brought the divides of slavery ever more open in the North and the South. The situation was such that slavery could no longer be tolerated in the North and the Southern states did not want to give it up either so a status quo prevailed and the countries went to war.

ii. On what basis did Scott claim that he should be considered "free"? Scott was a free man as he was in a Northern ...

Introduction

Clarence Thomas is the second African American to sit on the United States Supreme Court, preceded only by Thurgood Marshall who served on the United States Supreme Court from 1967 to 1991. Clarence Thomas was nominated to the United States Supreme Court in July 1991 and was approved by the United States Senate by a very narrow margin in October of 1991. Throughout his term on the United States Supreme Court, Clarence Thomas has been both hailed and criticized. He has been both compared to Thurgood Marshall and nicknamed an Uncle Tom. Throughout this paper, I will discuss United States ...

Introduction

The end of World War II has introduced an era where human rights were not only appreciated, but also considered inherited entitled. They were addressed by the Universal Declaration of Human Rights, which was adopted by the U.N. General Assembly, as part of the International Bill of Human Rights, in December, 1948 (United Nations). According to the Universal Declaration of Human Rights, Article 9, no person should be subjected to “arbitrary arrest, detention or exile” (United Nations). However, during wartime, the Fourth Geneva Convention is used, so to define detainees. There are many contradicting viewpoints, as to whether an ...

Indeed, the judge stepped over the line when he criticized the mother of the offender. The rationale behind it is that the mother is innocent with regard to the crime, and might have raised her on in a good way, but the son might have failed to listen to her. The judge has a right to pronounce a sentence as a punishment to the sexual offenses committed by the offender. However, he can only accuse the mother or parent of the offender upon realizing that the offender had been behaving in the same manner in the past and under the watch of the ...

Explain why individual rights and public order perspectives are such contentious issues in contemporary American Society

Individual rights are such a contentious issue in contemporary American Society because some laws cannot be interpreted in the same ways for all the cases. Individual rights have been outlined by the Founders and written in the Bill of Rights. The Founders believed that an individual has a right for freedom of speech, religion, press, as well as the freedom for unreasonable searches. Besides, an individual has social, political and economic freedoms. Nowadays, there are many cases, in which the individual rights have been violated (for example the cases of unreasonable searches and seizures). However, the trial did not take into ...

The congress splits the country into territorial district. After splitting, the congress creates federal court that is functional in every district. The structure is headed by the Supreme Court, thirteen court of appeals, 94 districts (reflecting the total number of districts) then two special courts. According to the constitution of United States, congress has the power to create and abolish any federal court. The structure of the federal system has direct influence on the process of application of the bill of rights. Well, in this paper, we are going to discuss how the structure affects the application of bill ...

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 ...

1. How does a Federal court decide on the admissibility of scientific testimony? Federal courts follow a set of universal guidelines termed as the Federal Rules of Evidence, governing the admissibility of scientific testimony . Although all federal courts abide by the Frye standard, they may not necessarily interpret the meaning in the same way. The federal courts follow the Daubert’s standard, which contains two components . The first element is the fact that to be regarded relevant, a scientific testimony should ‘’logically advance the material component of the case”. The second element of the Daubert’s analysis targets the reliability of ...

United States and China

I. Legal System The United States criminal legal system is based on the British Common Law system. Common law refers to those laws that are created and imposed by judges in the absence of specific a specific code or applicable statute defining the law (LaFave, 2000). Accordingly, during the early years of the nation when a judge was faced with a criminal activity that was not covered by a statute, he would use precedent, or refer to the decisions of similar cases, for guidance. Absent statute and precedent, the judge would simple use his best legal, professional and personal judgment to make ...

Following the filing of the complaint with the EEOC, the body will begin a fact-finding investigation of the organization and the human resource manager. In the course of the investigation, EEOC will ask the company to issue a statement to make its stand known on the matter; giving the firm a chance for defense and to go on record and state what they think happened in regards to the complaint logged. EEOC will further go ahead and sort the statement of the victim in an effort to try and unravel what truly unfolded. However, the EEOC will conduct a ground visit to the ...

There is a hot debate going round in a number of colleges in North America especially United States of America over college athletes’ pay. Some argue that college students who participate in sports deserve compensation while others are opposed to this idea. The main argument behind the opposition is the fact that college sportsmen are amateurs and not professionals (Mitchell, & Horace, 8). There is growing discontent among college athletes most of who feel their institutions take advantage of amateurism. As many people suggest that college athletes deserve pay, others still hold that situation should remain. The National College Athletic Association (NCAA), a ...

In this case, Jones plays a very significant role in helping the undercover agents to find more information about the practice of selling cocaine by Thompson and Smith. Although he was guilty of committing the offense himself, he is in an agreement with the detectives to the effect that they will not prosecute him to drug charges. To let him free because of the agreement will be a tough call. The best solution would be to file his charges in the city of Wichita. Taking him to the federal court would certainly mean he faces the maximum sentence (Luna, 2013). His ...

Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the expert opinion, ...

http://www.nytimes.com/2014/10/19/us/supreme-court-upholds-texas-voter-id-law.html On Oct 18, 2014, The Supreme Court upheld the right of Texas to require a photo ID to vote in the mid-term elections to be held on November 4th. This was a long time coming, but the controversy and legal wrangling is not over yet. Since 2013, Texas had required some type of ID in order to vote. In 2011, the legislature passed, and Governor Perry signed into law, regulations requiring a photo ID to be able to vote. Typical Photo IDs might be a Texas Driver’s license or Concealed Carry Permit, a US Military ID or a US Passport. Before ...

Question No. 1 Evolution of Federalism

One aspect of federalism that evolved through time is the jurisdiction of federal courts. In Chisholm v. Georgia 2 U.S. 419 (1793), an out-of-state citizen sued Georgia for unpaid supplies delivered during the Revolution. The Court held that such a claim could prosper in a federal court, but Justice Iredell dissented on the grounds that the state should not be subjected to a lawsuit unless it gives its consent under the common law concept. Georgia, therefore, did not have to defend itself in a private federal court action. The case inspired the passage of the 11th Amendment, which precluded federal courts from hearing ...

Introduction

The Administrative Appeals Tribunal was established under the Administrative Appeals Tribunal Act.The AAT derives its mandate from both the Administrative Appeals Tribunal Act and the Administrative Appeals Tribunal Regulations of 1976. The following discourse will focus on the mandate of the AAT in the light of the power to review the merits of administrative decisions of institutions. The paper indulges in a discussion on the institutional framework of the Administrative Appeals Tribunal, which characteristically distinguishes it from the ordinary court system. Moreover, it examines whether or not the AAT has been removed from the bureaucratic system and concludes by appraising ...

The controversial New York State Police Department; Stop and Frisk Policy is arguably facing its exit especially after the latest ruling in the case of Floyd et al v City of New York et al. However, before it is legally repudiated probably by the incoming Democrat Mayor, who enjoys colossal support amid the mayoral polls, this paper shall discuss the constitutionality or otherwise of the policy. From the onset, it is imperative to appreciate the paper’s contention that the New York stop, question and frisk policy is unconstitutional and that in that respect the policy is null, void ...

On May 14, 1787 only two delegations, Virginia and Pennsylvania were in attendance to revise the Article of Confederation and 11 days later five more states were present. Over the course of time seven other states participated through 74 representatives, of which 39 actually placed their names upon the document that would be known as the United States Constitution. These four pieces of paper outline and clarify how the country is governed and are the oldest document of this nature still in effect throughout the world. It has become a model for other nations to heed and a symbol for Western ...

The Founding Fathers so desired to have the Union without necessarily weakening the states. In that vein, the federalists devised the federal government structure which envisaged three tiers of governance. These are the federal, state and local government. Several centuries down the line, the Union can be reported as being in a more perfect state. Critical issues such racism, drug abuse, economic challenges, healthcare, among others still face the United States of America. It is the resilience of its people and its institutions that keeps the nation moving. In that context, this paper shall canvass one of the most critical ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that tended to link him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements ...

Within

USA Correction System Abstract The principal objectives of punishment in the correction system of America are to prevent crimes and although it has the right objectives they are not working. The only objectives that work are incapacitation and deterrent and they only work because the culprits’ ability to commit crime is taken away.

Analysis of the Principal Objectives of Punishment within the USA Correction System

It does not matter how small a community is, one of the first item on its agenda after choosing its government, is an institution that represents law and order. In the United States there are different branches of the judiciary system; however they share the ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Introduction

The government of the United States (US) regards the civil rights of each of its citizens with utmost importance, regardless of race, gender, or affiliation. The recognition of the importance of protecting the civil rights of every citizen renders the US government as the single largest protector. Yet, in cases where the US government requires the waiving of such duty, it has to provide compelling reasons subject to the strict scrutiny test of the US Supreme Court (SC). The case of Fred Toyosaburo Korematsu v. United States (Korematsu v. US), decided in 1944, served as the first instance where ...

Political Science

Federman (2010, p.215) stated that the Writ of Habeas Corpus provides a mode of redress for violating the provisions of the due process law under the Constitution. Under the U.S. federal law, the writ has permitted the state prisoners who have been convicted to appeal their cases to the federal district court and question the basis for such judgment finding them guilty. However, it is mandatory for the federal habeas corpus courts to have jurisdiction over the subject matter before setting the case for hearing and issue a ruling based on the merits. In the event that the federal court shall ...

The ratification or enactment of the American constitution was the pinnacle of defining authority lines between state and federal governments. Over the years the Supreme Court and political developments have redefined the historical relationship between federal and state governments. Federalism, as a principle of governance in the US has been misunderstood by many as it encompasses a system based on sharing and overlapping among all governmental levels (Gerston, 2007). Under this system the government powers are divided between the federal or central government and the states. In the central government the authority is further distributed among various arms of government. The ...

Garlock Sealing Technologies, LLC is a company that manufactures fluid sealing products used in the processing industry. The company employs more than1900 people, with 12 manufacturing facilities around the world (Garlock, 2013a). In the past, sealing gaskets for use with pipes moving steam or other heated materials were manufactured using asbestos to provide heat resistance to the seal. Workers exposed to asbestos in the workplace have a highly increased risk for mesothelioma, a type of lung cancer (Mayo Clinic, 2012). Garlock Sealing Technologies, LLC has been involved in product liability suits related to the use of asbestos in their seals for 35 ...

Part I: The Checks and Balances, Separation of Powers and Self Government Matrix

Figure 1: Adapted from Patterson (2012, p. 40). The separation of powers derives from the need to limit the government’s power by creating separate institutions that share power with no single power being able to exercise decisive power without the approval or support by the rest of the institutions. The people of the United States have the power of self-government, expressed in the constitution ensured through the provision for individual liberties. The people have the original power including the power to change the constitution, which subsequently gives and governs the exercise of power. However, in order to ...

The powers of the presidency have changed since the office was established with the writing of the United States Constitution. Some of these changes have involved the ways in which the president uses the influence of the executive branch on judicial nominations, the way in which the role of the commander-in-chief is used, and the manner in which the president is involved in the war powers since 1973. Part of public policy is influenced by who is sitting on the benches of the federal courts and the Supreme Court. Part of the role of the president is to ...

Affiliated Institution

How you would respond to towards the question, answers there are so many factors that influence whether a criminal transgression will be tried by the state or federally, and it can get somewhat confusing. I hope everyone reads your post because you were able to put it in a way that anyone could understand it - I tried, but I was all over the place in my attempt. There are many reasons as to why a criminal case can be tried in a federal court and not a state court; one of the main reasons is the magnitude of the crime. This is ...

Affiliated Institution

The federal court system is national in scope and offers many advantages over the individual state systems. Discuss some advantages and disadvantages to proceeding with a federal criminal prosecution as opposed to a state prosecution, providing that there is concurrent jurisdiction. The advantage of a federal court is that the investigations are more thorough and precise. Even the smallest details will be focused on. The other advantage is that the case is not likely to be influenced by local politics or even local beliefs. This is because at the federal court only facts are used and are considered and not about ...

Question one – Case study

This case was heard by the Supreme Court at Brisbane in the state of Queensland. The judgment was delivered at Brisbane by Judge Fryberg on the 24th January, 2011. The judge in the case was Fryberg J. The case was heard on the 2nd and 3rd December, 2010. The Plaintiff in the case is Ms Mee Wah To, a landlord who owns a parcel of land located at 33 Lisson Grove, Wooloowin. The Defendant on the other hand is Miss Eugene Choi, a tenant of part of the land owned by Miss Mee Wah To. The counsel for the ...

Introduction

The history of marijuana in the twentieth century has been a slow process for its social acceptance. This process of acceptance still continued in twenty-first century. If we look into the history, In the 1936 a movie "Reefer Madness," shows marijuana smokers, they were portrayed as morally depraved fiends. In 1950s, marijuana was considered as a dangerous drug, people assumes that marijuana was a stepping stone towards the use of heroin and more dangerous drugs. In 1979, In a pole by CBS News, New York showed that27 percent of Americans were in favored legalization of marijuana by taxing it. Slowly but consistently, the social ...

Where the federal and state courts obtain their authority

So as to enforce federal law, the Constitution created the federal judicial authority and therefore, the Constitution merely permitted the states to keep hold of their existing judicial authority. The Tenth Amendment stipulated that all powers not provide to the federal government were maintained by the states and since the Constitution never took away state court authority above internal matters, the state courts retained their authority (Constitution of the United States).

The structure of the federal court system, and the types of cases addressed at the various federal court levels

The federal court system may be basically a 3-tiered structure. The district courts are the lowest federal courts and there currently number is ninety four. Each state has at ...

Study Questions for Law and Public Policy (P

Abstract This essay encompasses individual research on Public law questions answered on a nutshell. Every title is a directive on independent questions answered and have no or minimal relation to other titles.

Introduction

Question 1: The legislature, executive and the judiciary are the main foundation of the American government. The House of Representatives, the senate and two houses of congress form the legislature. Every citizen in America has to adhere to the laws and policies formulated by the Legislature. The Executives come up with development goals and policies for the entire nation. The Judiciary decides on civilian, political and constitutional disputes. ...

Facts: Mr. Bormes, an attorney sues the Federal Government of the United States of America (USA).

Issue: Mr. Bormes files a suit case against the US Federal government for allegations that the receipts he received for the payment of the payment for his client’s Federal Court filling fee for the pay.gov was not a violation of the Fair Credit Reporting Act (FRCA) of 1681 because it included the last four digits of his credit card. In his argument, this was a violation of his right. Rule: the case was argued upon on 2/10/2012 and decided upon on 11/13/2012. It was rejected by the Federal Court decision on this day. Procedural History: Mr. James Bormes’ ...

Individual liberties in the United States (U.S.) would be at a loss without the writ of habeas corpus as provided in the U.S. Constitution. Any American citizen who has experienced trouble with the law recognizes it and is granted this right to appear before a judge first and foremost above anything else. However, even non-citizens of the U.S. detained in the war on terror have been granted the right of habeas corpus as determined by the U.S. Supreme Court. As a result, some of the detainees released have gone on to plan more violence against the U.S. Therefore, the writ of habeas ...

Report: The Federal Court System

Introduction As well as research on the history and evolution of the U.S. Federal Court system, and the various responsibilities of the courts and their jurisdictions and functions, this report also researches the basic organizational principles of the courts and the responsibilities of the various associated agencies affiliated with those courts.

The Research

History and Evolution of the Courts. As described in “History of the Federal Judiciary” (n.d.), the American courts system originated in 1789, following what was just an outline of a courts system in Article III of the U.S Constitution as drafted in 1787. Then in September 1789, ...

Executive Summary

The President, Board Members, CEO and CFO of the Centro Group were sued in 2008 by the Class Action specialist legal firms Maurice Blackburn ( backed by IMF1 Australia) and Slater & Gordon. The case was slapped on the grounds of release of false and misleading financial information to the investors and ASIC2. Centro had overlooked certain interest bearing short-term debts, and had shown them as long-term debts. The report said nothing about the fact that the company may not be able to refinance this total liability of $2,700 million. The company was thus alleged to have issued misleading and ...

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

Criminal justice system is a classification of laws and institutions directed to safeguard citizens and their property by perpetuating social control, preventing and alleviating crime. It verifies whether an action is an offence or not to the community. In Australia, everyone is presumed to be innocent until proven guilty by the law. As such, the law sanctions lawbreakers with criminal penalties and rehabilitation efforts. The fundamental advantage criminal system of justice is that the accused cannot prove their state of innocence and it is the sole purpose of the state, via the prosecutor to determine the guilt (Daly, Israel, & Goldsmith, ...