...important as it relates to the 14th Amendment. In the case of Mapp v Ohio police suspected that Dollaree Mapp could be helping a suspect hide in her home from the police Cleveland, Ohio. The police knocked on Mapp’s front door insisting that Mapp let them in, due to the police not having a search warrant Mapp told the police no. several hours later the police refrained from watching Mapp’s home and forced their way into Mapp’s home waiving a warrant as they entered. During the police searches they came across a trunk containing explicit materials. Mapp was then arrested and charged with possession of explicit materials. The Fourth Amendment "put the courts of the United States and federal officials under limitations and forever secures the people of their persons, houses, papers and effects against all unreasonable searches and seizures. By including only United States and federal officials in its ruling, the Court still left open the question of whether evidence unlawfully seized could be used in a state criminal court proceeding. (Lisa Pahm) The case Wolf v. Colorado in 1949, due to the effect the Fourth Amendment was discussed for the first time on the states. If the Due Process Clause of the Fourteenth Amendment united is determined,...
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...between procedural, substantive, criminal, civil, statutory and case laws. In this paper Learning Team D reviews the differences between the aforementioned types of laws, will provide an example of each, and will provide an example of a constitutional amendment designed to protect businesses and organizations. Each team member will also provide their thoughts on the course topics learned thus far and how those topics relate to each member’s respective business field. Procedural and Substantive Law Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair and consistency in the “due process”. Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. (Diffen, 2012) Substantive law is an independent set of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether he or she wins or loses, and even the compensation amounts etc. Procedural laws on the other hand have no independent existence. Therefore, procedural laws only tell us how the legal process is to be executed, whereas substantive laws have the power...
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...Due Process Crystal Groff Strayer University Professor Freeman Abstract We all wonder what the words life, liberty, and property derived from. In this paper I will be explaining what due process is and how it relates to life, liberty, and property. I will also explain where due process came from and what 2 amendments relate to due process. Before we start though I would like you to know that due process is there to protect the defendant under proving guilty. Define due process and its origin? Due process refers to a set of established legal principles, derived from the Constitution, that seek to protect the rights if citizens. It is done to insure that the government treats all the individuals properly and does not abuse there power by acting against the citizens in an arbitrary, oppressive, or capricious manner (WiseGeek, 2003). The most important fundamental level, is that it prohibits the government from taking any action against the individual that would result in the loss of liberty or property, without first making sure the individual notice of pending action, and has the opportunity to be heard. In every case, before the final decision can be made, the government has to provide the individual, through judicial or administrative procedures that are fair to the individual and impractical, and the ability to challenge the state action. The more serve the case of deprivation of liberty, the more rigorous the due process procedures afforded must be (WiseGeek...
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...Criminal Law vs. Civil Law There are numerous differences between criminal and civil law. Criminal law is defined as a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. (The Free Dictionary by Farlex) Civil law is defined as the body of laws of a state or nation dealing with the rights of private citizens. (The Free Dictionary by Farlex) In an attempt to explain the difference, you must first understand criminal law. Criminal laws are substantive and divided into categories of misdemeanors and felonies. The primary difference between misdemeanor and felony is the distinct punishments and issues regarding severity. In general, a misdemeanor is a violation of a meager crime. Misdemeanors typically do not involve violent actions or crimes that cause great harm to a society. Common forms of misdemeanors include: resisting arrest, simple battery, shoplifting, public intoxication, and in some states possession and use of marijuana. In contrast, a felony is a serious crime, such as rape, murder, kidnapping, grand theft auto, or assault with a deadly weapon. Convicted felons will undoubtedly face jail time. The Federal Government states that a felony is any act that carries a minimum one-year prison sentence (Difference Between a Misdemeanor and Felony). In criminal law and with criminal court the prosecution is always...
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...Brooke Baker A.P US History Court Cases I. Marbury v. Madison a) Issue: i) Judicial v. Executive and Congressional Power ii) Judicial review/separation of powers b) Background: i) 1803 ii) In his last few hours in office, President John Adams made a series of “midnight appointments” to fill as many government posts as possible with Federalists. One of these appointments was William Marbury as a federal justice of the peace. However, Thomas Jefferson took over as President before the appointment was officially given to Marbury. Jefferson, a Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ...
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...under the law, just as individual people. It is common knowledge that the more wealth a person has, the more power they also hold. Corporate personhood takes power away from the people and gives it to buildings and ideas also known as corporations. While corporations bring muchneeded capitol to the United States as a whole, as well to individual states, granting them rights as individuals has rendered them untouchable. Ultimate power by few to control many is not democracy, which is what this nation should be founded upon. Unless the concept of corporate personhood is ratified, democracy will die, along with the American way of life. The first documented case of a corporation challenging the state under the Bill of Rights was Dartmouth College vs. Woodward. In 1769, King George III granted a charter granting...
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...[pic] SCHOOL OF ACCOUNTANCY COLLEGE OF BUSINESS UNIVERSITI UTARA MALAYSIA COURSE CODE : BKAA3023 COURSE NAME : AUDITING AND ASSURANCE II PRE-REQUISITE : AUDITING AND ASSURANCE I _____________________________________________________________________ 1. SYNOPSIS This is a continuation of Audit and Assurance 1. It intends to strengthen and enhance the students’ understanding in auditing. Among the topics that will be discussed are code of ethics, auditors’ liability and in-depth explanations on analytical procedures, computer assisted audit techniques, audit sampling, materiality and audit risk, group audit and current issues facing the auditing profession. This course will justify other activities than financial statement audit that can be performed by a public accountant like performance/operational audit, internal audit and compliance audit. 2. COURSE OBJECTIVES This course intends the student: 1. To comprehend applicable regulations, legal responsibilities and ethical standards and current issues facing the audit profession. 2. To appreciate the concepts of internal control system and the use of computer assisted audit techniques in auditing a computerised environment. 3. To understand and apply audit risk, materiality, and statistical and non statistical audit sampling techniques. 4. To be familiar with related issues in audit completion, group audit, internal audit and related audit services and other services that...
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...crime after the crime was committed. Just as clear an rare like the first one. An example is raising the age of statutory rape form 16 to 21. Finally it takes away a defense that was available to a defendant when the crime was committed. The Ex Post Facto ban is protect private individuals by ensuring that legislature give them a fair warning about criminal and that they can rely on that requirement. The other purpose is to prevent legislators form passing arbitrary and vindictive laws. The Void-for-Vagueness Doctrine takes aim similar to the ban on ex post facto. Void laws fails to give fair warning to individuals as to what the law prohibits. It can never cure the uncertainty in all laws because laws are in word, not numbers. 14 amendment of the U.S constitutional states that,” no state shall deny to any person within its jurisdiction the Equal protection of the laws. Equal Protection is more frequently an issue in criminal procedure than it is in criminal law. First of all, equal protection doesn’t...
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...Discussion about Framed A Précis of Framed: America’s 51 Constitutions and the Crisis of Governance In Framed: America's 51 Constitutions and the Crisis of Governance, Sanford Levinson evaluates the current standing of the Constitution. He sets aside what most people would think of as ‘constitutional law’. He is not interested in discussing topics of major debate, calling them the ‘constitution of conversation,’ but rather, wishes to discuss those topics which have already been, for the most part, settled, aptly called the ‘constitution of settlement.’ Topics such as whether Congress should be a bicameral legislature, or whether judges should be appointed for life, or whether the electorate should be able to vote on constitutional amendments. Topics that are not questions of interpretation, but rather, questions of the wisdom of the structural decisions of the Constitution itself, most of which were made way back during the Philadelphia Convention. His purpose in doing so is not so much to answer questions, but rather to ask them. He seldom gives his own positions on the questions that he asks - more so, he wishes to open up the public’s mind about such questions. In order to do so, he seldom uses expert jargon, preferring to explain himself as much a common man (or woman) would. His point throughout the entire book is not to chastise the Framers of the Constitution, but to explain how while decision made back in 1789 were sound in logic, they may not fit the needs of today...
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...* Describe the natural law and positivist law schools. (100 word guideline). | Selected Answer: | Legal positivism and the natural law theory are rival views about what law is and its relation to justice and morality. Natural law is the set of truths of morality and justice and rejects ethical subjectivism and affirms ethical objectivism. Positive laws are commanded by political superiors. The consentrate of legal positivism is the "separation thesis" which can be defined as someone having the legal right to do something but not having the moral right to do it. They are general commands by people who themselves are not bound by them and who can also force obedience from everyone else. | Correct Answer: | [None] | Response Feedback: | [None Given] | | * Question 2 10 out of 10 points | | | Identify and explain the various sources of American law. (150 word guideline). | | | | | Selected Answer: | American law has a ranking system specifically associated with it. For Americans to know which body of law must prevail if there is a direct or even indirect conflict, this system is necessary. There are several primary sources of American law. The U.S. Constitution and decisions by the U.S. Supreme Court interpreting the U.S. Constitution, federal statues and treaties and as well as federal administrative law. The federal case law is to interpret anything outside of the U.S. Constitution. The federal law is also superior to all sources of state law. This...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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...Prof Ed 12 Relevant Laws for Teachers . Submitted to: Professor Rodrigo Duque Submitted by: Abbie Irish M. Mendoza III-2 BECEd G.R. No. L-39275 December 20, 1933 THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellant, vs. RICARDO MENDOZA, Defendant-Appellee. In criminal case No. 4851 of the Court of First Instance of Pampanga, the provincial fiscal thereof filed an information against the herein appellee, which reads as follows: The undersigned provincial fiscal accuses Ricardo Mendoza of the crime of assault upon a person in authority committed as follows:chanrobles virtual law library That on or about September 30,1932, in the municipality of San Fernando, Province of Pampanga, Philippine Islands, the said accused, Ricardo Mendoza, being a pupil of the teacher Iluminada Tinio, did then and there willfully, unlawfully and criminally attack and lay hands upon her person, to wit: slapped said Iluminada Tinio on one of her cheeks, while she was engaged in the performance of her duties as such teacher and while she was within the premises of the high school building exercising the functions inherent in such capacity. Upon motion of the appellee, as accused in the aforesaid case, the trial court dismissed the information on the ground that the facts alleged therein did not constitute a crime but simply a misdemeanor or light felony. The present appeal was taken by the fiscal for the purpose of setting aside the order of dismissal in question...
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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions...
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...operation issues in NCR By Abhishek Sonavane Ajeet Kumar Aditya Sharma Akshay Garg Alok Shankar Anjali Abstract This paper seeks to highlight the various aspects of the ongoing Uber case in India by tracing the development of the legal issues caused by the alleged sexual assault case that happened in NCR in December. Firstly, the paper gives a brief of Indian Taxi market, NCR region and Uber. Secondly, the paper sheds light on the incident that happened in NCR in December and the cases filed subsequently both in India and US. Thirdly, the paper describes the Uber’s response to the incident and its stance to the regulatory issues. In the fourth part we have discussed the amendment in various legal acts to bring Uber in the ambit of the law. The business strategy used by Uber is discussed in the fifth part. The paper finds its just conclusion in the sixth and the last part. 1. Introduction India is one of the fastest emerging economies in the world and the Taxi market is seeing phenomenal growth for the past 6-7 years. The Indian radio taxi market is estimated to be $9 billion and growing at 1720% annually1. The organized taxi market constitutes only 4-5% of the taxi market2 and many taxi companies are fighting for a share of this market with UBER being an important player. 1.1 UBER Uber, founded by Travis Kalanick and Garrett Camp in 2009, is an American international transportation network company headquartered in San Francisco, California. The company operates via...
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...Canadian International Council Strengthening the Non-Proliferation Regime: The Role of Coercive Sanctions Author(s): T. V. Paul Source: International Journal, Vol. 51, No. 3, Nuclear Politics (Summer, 1996), pp. 440-465 Published by: Canadian International Council Stable URL: http://www.jstor.org/stable/40203123 Accessed: 30/11/2010 19:58 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=cic. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. Canadian International Councilis collaborating...
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