Essays on Judiciary

Aspects that Provide for Legitimacy of Federal Laws and Regulations in America

Federal regulations and laws in America apply throughout the country, including individual states that build up America’s entirety. The existence of the regulations, however, owe to various aspects within the country that govern and limit their application. Generally, the American Congress ensures the passing of regulations and laws that govern the country, and additionally authorizes various federal agencies to create and enforce the regulations (Bumgarner, 2006, p. 4). The Administrative Procedure Act, for instance, governs administrative agencies’ proposal and establishment of laws. In addition, the Housekeeping Act, the Congressional Review Act, the Paperwork Reduction Act, and the Regulatory ...

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, ...

Introduction

The term “unlawful conduct” is used to refer to as the conduct that is general forbidden by law. It includes all actions that go against the law. Many aspects of Civil and criminal law also fall within unlawful conduct (Martin, 2001). Criminal law includes all actions that the law has defined illegal. A guilty person in a criminal law gets punished in either a fine, jail term or other forms of penalties. Civil law on the other hand deals with actions of disagreements between people/citizens. In civil law, there is no particular crime that is committed. A defendant who ...

The Virginia plan was drafted on May 29, 1789 as a proposal for the government structure by Virginia delegate Edmund Randolph. The plan was written by James Madson, which traced broadly, what later came to be the United States constitution. On the other hand, The New Jersey Plan was a proposal created by the New Jersey delegate William Peterson that suggested a system of election of the executives and a national legislature. The rational in the New Jersey plan was to establish an unbiased system of selection of state representatives to a centralized legislature.

The Virginia Plan proposed creation of a Federal system of ...

Akpabio, E., and Akpan, N., 2010. Governance and oil politics in Nigeria’s Niger Delta: The question of distributive equity. Journal of Human Ecology, 30(2), pp.111-121. Frynas, J., 2000. Oil in Nigeria: Conflict and litigation between oil companies and village communities. Germany: Lit Verlag Munster. Omeje, K., 2005. Oil conflict in Nigeria: Contending issues and perspectives of the local Niger Delta people. New Political Economy, 10(3), pp.321-334.

The Nigerian political economy is seriously damaged by the rift between international oil companies with large-scale operations in the Niger ...

The Office of the Independent Council (OIC) was tasked with the responsibility of producing substantial and credible evidence that would be used by the prosecution and Congress to impeach the president. From the beginning, the case against the president was weak. However, when it was revealed that Monica Lewinsky was interfering with witnesses and that she was prepared to give false witness under oath, the case gained some weight. The major arguments made by the persecution include the following. There was evidence that Clinton had spoken to Lewinsky about being subpoenaed to give evidence in the Jones case. Furthermore, a ‘ ...

Friedlander, R. A., Levie, H. S., Musch, D. J., Alexander, Y., & Lovelace, D. C. (1979).Terrorism: Documents of international and local control. Dobbs Ferry, N.Y: Oceana Publications.

The main argument or topic in this source is the local and international control of terrorism. The author elaborates various ways in which terrorism can be controlled both at the domestic and international levels. The current strategies used to curb terrorism both at the local and international levels are well elaborated by the author. The authors develop their argument by linking their arguments and ideas on how various countries in various ...

1. Illegal Immigration: Why should it be eliminated?

Migration of people across the border, without any legal validation and against the cross-border laws, is called as illegal immigration across foreign territories. Mostly, economic and military securities are the reasons for immigration, and it happens from poor to rich countries. It is a rampant problem, and causes various issues like detrimental education, poor health issues, and unfair judicial practices. The problem with illegal immigration is that it is hard to keep count of the population, and due to lack of a proper census, these immigrants often face difficulties themselves, as well as cause problems for the natural inhabitants of the ...

Initially the leaders of the American Revolution did not consider the thought of political parties and battles between them. After the retirement from civil life, George Washington advised the Americans against the political parties in the year 1796. On the other hand, James Madison desired the idea of having political parties as a necessity; however, he did not approve them. Alexander Hamilton who liked the political and financial system of the British felt that faction was a frailty. Being an aristocrat, he favored the rich and the educated only, and considered the rest of the population as a great beast. On the ...

Historically, the idea of the deep state is described in the Turkish political structure where a powerful military would intervene in matters of a democratic government. In fact, the military served as an oversight for the government because it would take control, in its view, when the leaders overstretched their mandate on issues of Islam. The same concept of deep state is evident in the modern Egypt where the military rules indirectly through the influence it has over the elected leadership. In essence, Egypt’s deep state is characterized with a dominating military supported by other branches such as the police, the ...

Government is divided in three branches namely executive, legislature (congress), and judiciary. Each of the three branches has different responsibilities and independent powers such that powers and duties allied to one branch do not conflict with those of the other branches. Separation of powers is a necessary to ensure a balance of power and prevent any branch from using such power arbitrarily. Separation of powers is a system-based regulation that enables each branch to limit the powers of another.

In line with the principle of separation of powers, congress has the power to change the arrangement and the federal courts’ jurisdiction. The ...

Business and Corruption

1. In what ways is corruption a problem for economic development, social well-being, and prosperity? Unlock the mechanics of corruption.

Empirical evidence shows that corruption causes inefficient allocation of public funds and resources; inefficiency of corrupt financial flows in terms of the country's economy; loss of taxes when tax authorities arrogate to themselves a part of taxes; lost time due to obstacles, reducing the efficiency of the state apparatus as a whole. It also results in bankruptcy of private entrepreneurs; reduced investment in production, the economic slowdown; lowering the quality of public services; inappropriate use of international aid into the developing ...

My consulting firm will help the pipeline company comply with all regulations set up by the legislature and also advise them on how to co-work effectively with the executive and the judiciary arms of the federal government. The company will have to comply with Pipeline Regulations and Standards that fall into two basic categories; regulations on transportation charges and those that address the safety of the environment and the communities (Edwards, (2011).

The legislature affects the pipeline project through the legislations it has put in place regarding oil transportation. The specific legislation affecting the project is regard to safety ...

Chapter 1

The judicial branch stands as the third complement to the three-fold setup of the United States (US) government – the other two being the legislative and the executive branches. Anti-federalists initially saw the appointment of unelected officials in the federal judiciary as one that could pave way for massive power abuse, yet the Framers of the Constitution saw such system as fitting for instilling impartiality in court judgments. The year 1789 saw the enactment of The Judiciary Act, which provides for the basic outline of responsibilities each member of the judicial branch should commit. The power of judicial review ...

Introduction

Poland became the 2nd independent nation after the United States to adopt a comprehensively formulated constitution to define its government structure in 1791. The authors’ of Poland’s constitution found great inspiration from the philosophy and text of the United States constitution that had been adopted four years before. Similarity between the two constitutions is therefore very conspicuous.

In both constitutions, citizens are given almost the same nature of rights including the basic rights. The US and the Polish constitution guarantee the upholding of all civil rights and freedoms including political, social, personal, economical and cultural. Additionally, all citizens of ...

In most democratic nations, the executive, legislature and judiciary are the three government arms/branches (Hamilton, 13). They carry distinctive roles that are essential to the government functioning. They work closely together to ensure smooth running of the government.

The executive

The president and the vice president together with the cabinet form the executive. Different governments have a different executive structure. In the USA, it also constitutes several departments like the state, Interior, education, defense and Transportation. The president appoints the several secretaries to head the different government departments. The executive mandate is to implement, enforce laws and facilitate daily government operations.

The Legislature

The ...

The constitutional doctrine of the independence of the judiciary is one of the key pillars of a functional judiciary. However, this has been used by most judges and judiciary officers a means to escape accountability for their actions and decisions. They hide behind the confines of judicial independence thus making biased decision premised upon irrelevant matters.

Therefore, it was surprising to see that judges and judicial officers are subject to administrative oversight and accountability. What is even more encouraging is the fact that judicial officers are urged to conduct their business in an ethical and legal manner. In addition they are ...

- United State Interest in Afghanistan

The Afghanistan war was conducted by the American soldiers in a bid to stamp out the terrorist group of al Qaeda. The group enjoyed support by the extremist leadership of the Taliban within Afghanistan. The first few years of the war provided success with the military group scattering and some of the members moving to the mountainous regions.

The presidential address showed that the group was regrouping which would be a problem to the homeland security (Military, P.3). The regrouping members of the terrorist group have been blamed for causing insecurity in Pakistan region. The group has started causing insecurity within ...

Article three of the United States constitution establishes the Judiciary arm of government. The judiciary structure of the United States in unique as it consists of two cardinal courts systems, which are different yet complementary. These include the state court system and the federal court system. The two systems are responsible for the determination of different cases and are entirely independent of each other. State trial courts vary in each state. However, there are two main sets of trial courts found in most states. These include limited jurisdiction trial courts that are concerned with family, probate and traffic cases, ...

Crime and the criminal justice system

Crime is an act that violates or breaks a given set of rules or laws and which may lead to the person being prosecuted. Crimes vary from region to region and also from the different countries. The constitution governs acts of crime, disputes and also defines the laws of a county or country. When a person commits a crime, the kind of action to be taken against that person and the equivalent punishment are defined within the laws.

Basis through which the society determines the criminality of an individual’s actions

The society uses two main models to determine criminal acts. A violation of any of the issues addressed by this model leads to a criminal act ...

Summary

Alvarez (2012, p. 1) article provides an argument on remaking of the Florida Supreme Court. Republicans are the ones who have campaigned for the removal of the three state Supreme Court justices by voters (Alvarez, 2012, p. 1). This move is aimed at ensuring that the Legislature has more power than the Supreme Court in terms of judicial rules and appointment procedures. This issue of remaking of Florida’s Supreme Court is regarded as a politically divisive matter, which Florida is experiencing currently. “President Obama’s health care law” (Alvarez, 2012, p. 1), was the foundation of political divisions in ...

1. The American Civil Rights Act amendment act of 1964 emphasized the role of quality education as key to the realization of the American dream. It is not by coincidence that the United States has achieved one of the highest levels of high school graduation rates in the developed world. The United States education system has not only been formidable in its focus on holistic education that includes pursuit of talents and academics at the same time, but has also received accolades for its universality. However, the education system has not escaped controversy regarding quality and mode of operandi. ...

On January 21, 2010 the U.S. Supreme Court decided that corporations had equal rights as individual citizens with regard to campaign contributions during political elections. This therefore implies that corporations also enjoy the protection of the First Amendment in the Bill of Rights (Freedom of Speech). The court case was Citizens United v. Federal Election Commission (Levin-Waldman, 2011, 178). The above reaction to the court decision is from the liberal side and I agree. I think that the decision was not good and not respectful of the rights of citizens. Democracy is no longer powerful when campaign elections can ...

Introduction

John Austin is a renowned name in the field of jurisprudence. Etymologically, the word jurisprudence is formed from two words, ‘juris’ meaning law and ‘prudentia’ meaning prudence or knowledge (Anupom, 2011). Jurisprudence can, thus, be defined as the knowledge and science of law that is essential to ensure due justice to the people. Austin’s work was a remarkable start in the direction of the systematic legal system of modern age. Austin’s work emphasised that sanctions are important to ensure conformation to laws and the sovereign is the supreme authority that issues these laws. Austin’s description of ...

1. Overview of Topic This paper aims at discussing the question of the sovereignty of the British Parliamentary system based on the outcome of Jackson v. Attorney General 2005.According the constitutional provisions of the British legislative system there lacks a clear line between the extent of interference between the House of Lords and that of the House of Commons. The ruling of Jackson v. Attorney General 2005 supports this hypothesis based on the structure of arguments presented by the Jury in giving the verdict of this case. This paper intends to use the outcome of this case to determine ...

Designation: ______________________________________

Earl Warren was nominated as a Supreme Court judgepursuant to three years as California’s governor. This followed posta failed attempt to be a presidential nominee for republicans in 1952. He is famously acknowledged for his affable ways and likeable character. Warren fought vigorously for achieving consensus on multiple controversial issues. He was responsible for some key compromises that enabled apprehensive justices to reinforce his ranks and also deployed a substantial amount of diplomacy to this effect. The Warren Court has been on the receiving end of both adulation and opposition for its improvised constitutional judgments and its contemplation of the judiciary ...

Checks and balances refer to the regulation of the exercise of power among the arms of government such that no arm of government abuses the exercise of its authority without remedy for the likely harm done. The remedy for the excesses of one arm of government lies in the two remaining arms. Checks and balances can be seen to be operating when the judiciary decides on the validity of a law created by the legislature. Additionally, the vetoing of a bill from the legislature by a governor due to a defect demonstrates the operation of checks and balances. Checks and balances can also ...

In Ohio law, an allegation regarding violation of a non-compete clause requires the claimant to prove that the section is reasonable and required to secure legitimate interests of the company. Such a clause is acceptable if it is not more than required for the security of the company, does not put excessive hardship on the worker, and is not detrimental to the general public. If the section is arbitrary or too broadly drafted, the judiciary may alter it for securing the company's legitimate stakes. (Bishara & Westermann-Behaylo 2012) Per Raimonde v. Van Vlerah, the Ohio Supreme Court grants recognition to an authority ...

Illinois is a Midwestern state with its headquarters in Springfield. The largest city in the state is Chicago. The population of the state according to 2014 figures is approximately 12.5 million residents, which make it the fifth largest state in terms of population. Chicago, the largest city in the state also boasts the third highest city population in the United States behind New York and Los Angeles. As mentioned, Springfield is the seat of government with the Illinois state capitol located in downtown Springfield. The state is largely balanced politically with both the Democratic Party and the Republican Party almost ...

Dicey was an incredibly important figure in the development of the Rule of Law in contemporary Britain. The Rule of Law, in a modern context, has been developed through many different societies; however, the liberal understanding of the role of government and law in British society today is very much the result of Dicey’s philosophical input. Dicey suggested that individuals cannot be punished in any way unless they have committed some sort of transgression against a law that has been established by the rightful government and Courts in the realm. Dicey also suggested that an important characteristic of the Rule ...

Introduction

Democracy in the United States was meant to give power to the people by creating a separation of powers into three main arms of government. The reason was to create a governance structure in which no single individual or institution of government will override its power and erode the civil liberties of individual Americans. The American democracy was seen as an improvement over the monarchy in Britain and the colonial government the people had experienced. One of the elements of American democracy was the establishment of an independent Supreme Court (head of the Judiciary) that has to be led by independent ...

Introduction

Globalization has opened up borders and rendered it possible for globally competitive companies such as Khmer Foods Group (KFG) to leverage the best that this new reality presents. However, mounting global operations necessitates managing difficult geopolitical, regulatory and cultural challenges, which, fortunately for KFG, should not be a challenge, given the company’s long experience and high standards. This report gives a detailed account of Brazil’s business environment, and assessment of its suitability for KFG’s purposes. The report includes an analysis of the economic, political, legal, cultural and ethical factors relevant to KFG’s possible operations in the country, ...

In your opinion, how does the principle of separation between church and state compare in theory and in practice in the United States? Provide specific examples. The Establishment Clause was aimed at prohibiting state sponsored religion leading to the doctrine of separation of church and state. Thomas Jefferson referred for the first time this separation as “wall of separation between Church and State.” This principle is a unique American vision. As far as the interpretation and meaning of Establishment clause is concerned, there are three major theories. According to the strict separation theory, the religion and state should ...

Response to Post No. 1

Although negotiating is a very important aspect of a lawyer’s function in the same way that litigating, representing, and counseling are, I think that drafting of documents is the most important task that a lawyer does – if I were asked to make a choice. Although negotiating has become a common function of a lawyer in plea bargaining (Neubauer and Meinhold 134), which is becoming a trend in the United States criminal judicial system, most negotiations in this area are dominated by prosecutors and I would think all a defense counsel can do is either advise his client to accept or not to accept an offer from ...

Introduction

In modern democracies in general and American in particular, the key principles to constitutional democracy is the separation of powers and rule of law. These principles are damaged by the administrative state where much power is vested in unelected government officials or bureaucrats. In a political system with separation of powers like that of the United States of America, the constitution divides policy making powers among the three branches of government. The Congress is charged with the responsibility of making laws, the executive branch is charged with the implementation of the laws formulated by Congress while the judiciary interprets the ...

In the following essay, I would like to explain the key provisions of the doctrine of the separation of powers, as well as to demonstrate how that doctrine operates within the system of Australia`s public law. - Separation of powers doctrine Separation of powers is a political and legal theory, according to which the government should be divided between three independent branches: legislative, executive and judicial. The differentiation between these powers prevents possible abuse of power and the emergence of a despotic regime where no individual freedom is possible. Each of the three authorities performs its inherent tasks ...

The use and application of power are first defined by the social set up that constitutes a society and the country. A country is a composition of multiple nationalities with almost similar cultural practices comprised together in a formal political union and economic integration. Cultural practices in a country determine the overall application of law and practices that defines the do’s and don’ts of a country. The constitution of a country stipulates the scope of power of the government. In drawing up a constitution, cultural practices of the society are put into consideration so that the laws and regulation are within the society’s ...

1. What is the role of congress in policy making process? A policy is defined as a course of action that is established by the legislature, executive or the judiciary to influence the behaviors and decisions of the citizens in a federal state. Policy making process is not a monopolized affair and, therefore, involves decisive interactions among all arms of the government and the public participation. The congress and the President participate mutually in the legislative roles to a greater extent. However, their roles are made distinct at some point. The Congress is mandated in Law making, representation of the citizens as ...

When most Americans hear that the Supreme Court has utilized judicial review to strike down a federal legislation, they often understand the Court’s act as a nullification of the legislation. Simply put, the court has undone the work of the congress and ended the life of the statute. The other branches of the federal government are elected by the Americans and are entrusted with the responsibility of making laws. Nevertheless, the reality is that judicial review does not usually end the life of the statute, but offers an exemplary opportunity for the congress to review the legislation and incorporate or ...

Governance, from a national point of view, refers to the process of decision making for the whole nation. Different countries grant the power to make policies and decisions to different bodies of the government. Likewise, different arms of the government play different roles in a particular country. The three main arms of the government are; the executive, which has its members selected from the parliament and it is answerable to the parliament and the people for any of its actions; the legislature, also known as a parliament, it is responsible making laws and policies for the country; and the judiciary, which interprets ...

Introduction

The debate on the adequacy and sufficiency of presidential versus parliamentary systems has been raging since the fall of the Soviet Union and its communist ideals. Academicians, scholars, and politicians from diverse parts of the world are deeply stratified by the two democratic systems, with each side professing more benefits than the other. The choice of a democratic system for a nation depends on varying factors such as their culture, history, demographic characteristics, and composition of the population (O’Neil, 2012). While each democratic system has its own merits and demerits, I personally think that the presidential system is better at ...

Now it is time to give careful consideration to the nature of corruption that is the case in the USA. Pepys (2) notes that corruption within the system of justice may be defined as the use of management reserves or public authority to one’s own advantage or for personal gains resulting in an inappropriate legal protection of citizens and delivery of judicial services. In a broad context, the system of justice embraces judges, police, prosecutors, public defenders, court personnel, private bar, and a variety of court decision enforcement agencies, such as, for example, penal institutions. Whatever the variety of justice ...

John G. Roberts Jr.: Chief Justice of the United States

Many Americans of this day and age are relatively uneducated about different facets of government. They know there are a president, a vice president, a secretary of state, and other cabinet members. Some can name the three branches of government. Others understand the ins and outs of the voting process or the part different government officials play in politics. However, there are some facets of the government, specifically within the judiciary branch, that are not well known. The Supreme Court is a well-known phrase, and many people know what it is, but hardly ...

Pros and Cons of the Notwithstanding Clause

The Canadian Charter of Rights and Freedoms contains the notwithstanding clause. This clause has been a major talking point in Canadian politics. This is because the notwithstanding clause gives power to the provincial legislatures or the parliament to override certain portions of the rest of the Canadian Charter of Rights and Freedoms. Morton (2002) notes that this clause is also controversial in any instances such that there is a valid argument against its application when used and, on the other hand, its use seems unavoidable. This paper discusses the pros and cons of using this clause.

Pros

In the entrenchment of the ...

Texas Judiciary is one of the most flawed Judicial Systems in the world. Those holding Judicial positions campaign to get elected. This includes court Judges to the Attorney General. The elections are partisan involving two major political groups, the Democrats and Republicans. The political affiliation of the judges and other holders of office affect their competency. This has been displayed in past rulings where judges do not seem to follow substantive or procedural law in making their verdicts (Dead Wrong, 154). During the campaigns, candidates are funded by their parties. This consequently that when a candidate is elected to ...

The Constitution rests on a proposition of all constitutional governments through the definition of limited governments. It adds that constitutions are legal and not simply political limitations to the government. There are considerations by various anti-thesis on the arbitrary rule. The contrary imagery to this is despotic government for which the government depends on willingness above law. As the constitution declares all men equal, what is the connection between equality, liberty and happiness? Liberty and equality are incompatible concepts that tend to conflict at most times. Liberty means being free from interference and this is what has driven liberalism especially ...

Introduction

Social media has revolutionized human interactions socially and economically. Almost everyone with access to internet whether on a mobile device or on a PC uses at least one social media outlet. Facebook has Sites such as Facebook, twitter, LinkedIn, Badoo among thousands of others have formed sound marketing platforms for many varied companies. Facebook which currently has more than 1.3 billion people comes out as a very preferable social media marketing outlet. Using Facebook as the social media outlet, this essay discusses the four component of a legally astute media marketing manager, analyzes the methods of alternative dispute resolution choosing one that may ...

The purpose of this paper is to examine the depth and extent to which researchers have to conduct data collection, search for information and conduct analysis so that they can arrive at accurate and reliable conclusions. For every research paper that is written and presented the researchers has to go through several sources of information to gather relevant data so that their papers and analysis present facts which can be proved beyond any doubt. That is why it has been rightly said that researchers are diggers. This stands true for research where numerical or quantitative data is involved and ...

Today, many countries of the world are governed in different political systems. The main determiner of what system a country follows in exercising authority is in connection to historical factors. For instance, a former colonial of a certain country adopts a political system from her colonial masters. However, this is not always the same. Many countries’ political structures have evolved from their initial colonial adaptations to accommodate the interests of the local people to which they serve (Andersen et al., 37). This essay will explore the aspects of power and authority across four countries. They include the United States of America, the United ...

In every person’s life, marriage is considerably one of the most important highlights of their lives as this signals their commitment to one another and a new life. Many consider marriage to bevery serious business as many couples opt to take a long time to determine whether they can enter such commitment or just stay separated. However, there are a few who would undergo marriage and later on file for divorce due to irreconcilable differences and other reasons that would show the other is unfit for such commitment. For years, divorce remains as a hot topic for many countries, especially in the ...

Structure

Both the Virginia and New Jersey Plans are similar in terms of proposing a federal government for the United States (US) divided into the executive, legislative and judicial branches. However, both the Virginia and New Jersey Plans differ from one another in terms of power distribution. Greater legislative power is promoted by the Virginia Plan, which plans to delegate executive and judicial appointments to the legislature. Proponents of the New Jersey Plan, however, recommended a more balanced power distribution by enabling the legislature to appoint officials to the executive branch, which in turn would appoint officials to the judiciary. Moreover, both ...

Virginia and New Jersey Plans

Virginia Plan

The Virginia Plan recommended a National Legislature consisting two branches. That the members to constitute the first branch be elected by the people for a term of three years, that those members be disqualified from taking up other state offices or any offices under the authority of the United States that were not related to their legislative functions and the ban be extended to one year after the expiry of their legislative term. The second legislative branch be chosen by individual legislatures, occupants be of the age of 30 years and above, and serve in their legislative capacities for a ...

Introduction to Law Enforcement

Introduction Law enforcement is the legal process of ensuring that laws and legislations of a state or a country are protected and persons who go against the constitutional requirements are charged and if found guilty are punished. The current world situations in respect to uprising push for human rights and humanity has resulted in law enforcement drawing several meanings just beyond punishing the culprits. On a legal argument, law enforcement includes protecting the legislations of an institution or state and as well protecting the rights of accused. This to some extent of legal argument means persons accused of white-washing a legal obligation ...

Criminal justice research project

Overview The respect and application of the rule of law is the integral function of the criminal justice system. Criminal justice system can be termed as collective institutions of implementing justice through upholding the constitution. Such institutions aid in mitigating and preventing crime, in the line of maintaining integrity, transparency and coexistence of the society. What is more, criminal justice institutions incorporate powerful structures, which propagate quality implementation of criminal justice. Similarly, criminal justice system is a process that entails arresting, investigating, prosecuting and imprisonment of criminals who violate the rule of law. AS a result, criminal justice system can ...

Federalism as a system of government in the United States of America is one democratic governance. It ensures that power is vested in the people, as opposed to a central government and the political structure that come with it. Federalism has played a great role in the economic development of the Union. It is believed that it is in America that one would find the most stable democracy in the whole world. So below is a case study of three states with distinctive types of federal governments within them.

California State Government

California is among the few states that practice direct democracy in the United States ...

Structural Differences

Both the Virginia and the New Jersey Plans advocated for a tripartite branch division of the federal government of the United States (US) – executive, legislative and judicial. However, the Virginia and the New Jersey Plans differed from one another in the foregoing aspect. The Virginia Plan, presenting a more powerful legislative branch, outlined a plan to appoint people in the executive and judicial branches through motions authorized by the legislature. The New Jersey Plan, on the other hand, suggested that the legislature arrange executive appointments and the executive branch select judicial appointments, particularly the Supreme Court justices. The proposed legislative structures ...

Business Ethics Antitrust Law

Business Ethics Antitrust Law

Introduction

The antitrust laws aim at ensuring that all businesses in a given market play by the same rules. This is so because businesses in a free market may achieve the near-monopoly status via their own merits such as creating better production processes, offering the best quality service and decreasing costs among others. However, antitrust laws set vivid boundaries for fairness in the business by prohibiting practices that control free trading. It also restrains dominant firms from abusing their market position. The antitrust laws offer regulatory review of business mergers, acquisitions and joint ventures to ensure they do ...

Richard Nixon became the 37th president of United States of America after the presidential elections of 1968. He successfully served his first term as president and was reelected overwhelmingly into office in 1972. He, however, did not complete his second term in office due to allegations of involvement in Watergate scandal. He resigned as the president of US on August 9, 1974 after the Judiciary Committee had recommended his impeachment to the Congress over Watergate Scandal (Vile 30). Before Nixon became president, he served as the vice president during Dwight Eisenhower’s presidency between 1953 and 1961. In 1960, ...

For nearly ten years the Articles of the Confederation had been in effect as the first agreement among the thirteen States since their independence from Britain. After that, it became evident that a new document for dictating how the new country should be organized had to be made. It was James Madison who presented a draft for a new government structure, aimed to give more power to a federal authority. The coalition that backed this draft was formed mostly by people from the State of Virginia, so it came to be known as the Virginia Plan. The most important feature of this ...

Purposes of law

In broad terms, the major function of the law is act as a platform or system of order that levies punishment for crimes that have been defined by the same law. Another function of law is to ensure that there is a uniform fairness across all boards of the justice system. In the business environment, the law also provides a platform whereby disputes between different parties are resolved, and the legal rights of the different parties in the business are also discussed. It is of the essence to note that the law is also used in businesses as a catalyst that is used ...