...Law Report – Appendix Court | Date | Name | Case | Stage | Noted as | Supreme | 25/03/09 | Anthony Farell V R | Criminal | Appeal | C1 | | | Mohammed Ali V South Eastern Sydney Area Health Service | Civil | Trial | C2 | | | Gerard Michael Mcguirk V UNSW | Civil | Trial | C3 | District | 27/03/09 | R V Liam Paul Irwin | Criminal | Appeal (severity) | C4 | | | R V Warren James Ure | Criminal | Trial (adjourned for sentence – part heard) | C5 | Court Report Note: Refer to appendix for the case denoted by C1-5] The court is the medium in which judges and magistrates interpret the constitution as it applies today to administer justice; their judgements ultimately contribute to the doctrine of precedents. Australia has mainly adopted an adversarial system within a hierarchical court system in which the courts have specific jurisdictions. Two such examples witnessed are the District and the Supreme Courts – proceedings may be similar but their severity may differ but both seek to serve justice. At the district court cases C4 and C5 were seen first-hand with the former being a criminal appeal and the latter a criminal trial. In C4 the defendant had become a nuisance and acted violently. Subsequently he was placed under a bond, this was breached which led to the magistrate sentencing an imprisonment term but was appealed successfully against. Additionally, in C5 the defendant was prosecuted for carrying illicit drugs but argument focused on whether...
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...Interpreting Laws and Court Decisions Interpreting labor and employment laws, as well as court decisions, can be a tedious task at best. The laws set in place are constantly changing and use language that is not easily deciphered by the average working American. The United States Labor laws cover the binding legal connection between the employers, their employees and the employee labor unions. Within the borders of the United States; it is generally know that employers and labor unions do not see eye to eye on most issues regarding labor and employment laws. Labor laws can address one of three different situations: “A union attempts to organize the employees of an employer and to get the employer to recognize it as the employees’ bargaining representative; (2) a union seeks to negotiate a collective bargaining agreement with an employer; or (3) a union and employer disagree on the interpretation and application of an existing contract between the two. Within these three situations, specific rules have been created to deal with rights of employees and employers.” (Labor Law, 2005) The third situation is often seen more times than not; thus creating an everlasting rift between the two parties. In the case study 1-1 of our text, Reinstatement and Back Pay Remedy for Illegal Discharge, it seemed like a common sense; open and shut scenario. My initial thoughts without any research had me thinking there was no way an employer would need to reinstate an unlawfully terminated...
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...Criminal Law and the Supreme Court William Howard Taft the president of the United States from 1909 to 1913, who also was the Chief Justice, stated “Presidents come and go, but the Supreme Court goes on forever”. Currently that holds true. The first Supreme Court was called to assemble February 1 1790. It was then when they established their powers and duties. The Supreme Court of the United States now has one chief of Justice and eight Associate Justices. The Supreme Court of the United States is the highest judicial body in the United States. This paper will discuss a Supreme Court case. It will review some interesting facts on the case. The paper will also be about what are the various elements of a crime as well as accomplice liability and criminal liability. The elements of crime are actus reus, mens rea, and concurrence. In the case of the Supreme Court vs. Joel Tenenbaum who is a criminal of a different sort. Joel Tenenbaum is a former Boston University student who was ordered to pay $675,000 for illegally downloading and sharing 30 songs on the Internet. In 2009 a jury ordered Tenenbaum to pay after the Recording Industry Association of America sued him (Arizona Republic 2012). The three elements of Actus rues involve an act that causes harm or condemned in a statue. Joel Tenenbuam did an act of downloading and causes harm financially to the Recording Industry and is condemned in a statue. "I can't believe the system would uphold a six-figure damages amount for downloading...
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...The Analysis of Law and Courts in Today’s Business Environment Tabitha Merkow ETH 321 10/13/2014 Laurie Wicker The Analysis of Law and Courts in Today’s Business Environment In today’s business environment there is no exact definition of law. Law is a set of rules, standards and principles that outlines the behavior we practice in business. The legal system is a major institution that assists us in defining acceptable social behavior. Laws limit the activities that are not in the best interest of the public. All people have different values and desire different things in life laws act as a way to dispute resolution. Laws play a role in maintaining honesty and integrity in a social environment. The legal system is a tool used to implement changes in acceptable behavior. Laws and courts have many purposes in today’s business environment for example consumer protection, employee protection, environmental protection, and taxation. The laws government enacts are a way to enforce rules. The government’s role in business is to protect consumers from bad business practices by enforcing rules, regulations and laws that the businesses have to go by if they want to practice business. The government is also responsible for protecting the employees that work for these businesses by making sure they provide a safe work environment and that they are protected against discrimination. The environment has to be protected from...
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...Subject: Typical State Court System (Prazen vs Shoop) A typical state court system is designed to hear and rule various legal disputes and consists of limited-jurisdiction trial court, general-jurisdiction trial court, intermediate appellate court, and a supreme court. Limited-jurisdiction trial court also referenced as inferior trial courts preside over small claims courts, municipal courts, and justice of the peace courts. General-jurisdiction trial court or courts of record require that all evidence and testimonies are recorded and saved for future review. Two divisions of court of records consist of criminal and civil courts and preside over major legal cases, such as felonies. Intermediate appellate courts, referred to as appellate courts or courts of appeal presides over cases that have been heard in courts of record and all or part of the trial records is submitted for review. The appellate court gives its decision based solely on the facts that support the evidence. The final and highest court layer is the state supreme court; in which cases must have been heard in appellate court and certain trial courts (Cheeseman, 2013). In most cases, a supreme court verdict is final. The case of Prazen vs Shoop was processed through the state court system. Joseph Prazen retired from the City of Peru’s electrical department as the superintendent at the bottom of 1998 (Illinois Court, 2014). Prazen was able to secure his pension of more than 32 years of service with...
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...aristocracy) were exempt from taxation. They had to face taille , gabelle and capitation taxes. The peasants were forced to utilise the Wine mills and the wheat mills of the lord and pay a tax in return. The peasants paid taxes to the state, church and their feudal lord. It was oppressive and irrational. Foreign wars and bad financial management left the country in a state of bankruptcy. The ‘’lettres de cachet’’ was a major threat and the peasants weren’t granted human rights. They had no ownership to land and they were bound by feudal laws. The slogan of the revolution, ‘’liberty, equality and fraternity’’ were peaceful ideas . At first the estate general was to be called but this wasn’t a new idea, and France had a representative system which already existed, which was not at all unreasonable. The king promised to show up at the meeting, but instead he shut them out, thus provoking the revolutionaries to form a national assembly at a tennis court and prepared to form a constitution for France, had he not acted so decisively. Participating in the American war of independence did bring France victory and prestige,...
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...Chapter 19 Focus on Plessy v. Ferguson, a very important Supreme Court decision in 1896. What effect did it have on the Jim Crow laws? The African Americans was not treated equally within society. Many of their problems went to court to be fought for but it would be very hard for them to accomplish this because they whites did not want to give them much power. They fought to receive equal voting rights and equal protection for the African Americans within the south. The whites would murder them just so that they could keep control and not the African Americans. There was the civil war that was lead to equal right between the both races but the Jim Crow laws was not for this but racial segregation. However, the Plessy V. Ferguson a court decision is 1896 lead to separate but equal rights for towards both races. The Jim Crow laws was very specific on what African American could do with and around white they were not able to play any form of games together. They were not able to attend parties of one eight or more individuals of different races. They were not able to go to schools together so free African Americans schools was created so that they would not have to mix the races together, they could not go to schools of the other races. All railroad carrying passengers was also divided in to either by having separate passengers car or dividing one amongst them. Any female that has a child for a African American they would be sent for no less than eighteen months in...
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...A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states do not tend to have singular highest courts. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia; this is because decisions by the High Court could formerly be appealed to the Privy Council. In a few places, the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, which is superseded by the New York Court of Appeals, and the former Supreme Court of Judicature of England and Wales. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court, and supreme courts for each member state, with the former having jurisdiction over the latter only to the extent that the federal constitution extends...
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...Role and Functions of Law Latryia Beavers Eth/321 Charles (C.J) Hughes 07/20/15 Roles and Functions of Law Paper Laws have several functions and roles in society and business today. According to The Watch (1981), laws have been around for “more than 350 years and first established in Boston”. In my mind laws help try to retain people from doing things that they should not do. Many people feel that they can do things and get away with them or do things the way they want to do them. If the world was, free of laws, there would be no order and without order, there would be up roar throughout the world. According to Reference.com (2007), law is “rules of conduct of any organized society, which is enforced by threat of punishment if the law is violated.” Laws started out simple but moved to becoming bigger and started to have levels to them. Laws that were broken went through a system called court that helped punish those who broke laws. The following paragraphs will discuss the roles of laws and the courts involving them in today’s business environment. Laws Functions of laws are important and are important to understand, as there are functions that make laws important the roles are important also. Functions of laws can start at making sure that there is peace, making sure...
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...The primary function of the federal courts is to apply and enforce all federal laws created by Congress. These laws, in the form of statutes or codifi ed law, include a large body of federal criminal laws that range from violations of environmental laws to treason and piracy. (Chapt. 8, p. 12) The federal courts have a second and perhaps even more important function: They are continually called on to test the constitutionality of federal and state legislation and of court decisions. (Ch.8, p.13) At the lowest level of jurisdiction are the federal magistrates, formerly called United States commissioners. The magistrates not only have trial jurisdiction over minor federal offenses, but they also have the important task of issuing warrants of arrest or search warrants to federal law enforcement offi cers, such as agents of the Federal Bureau of Investigation and the Drug Enforcement Administration. Congress expanded the power of the federal magistrates by allowing them to “undertake virtually any task performed by district judges, except for felony trials and sentencing. (Ch.8, p.13) The trial courts in the federal system, called United States district courts , have both civil and criminal jurisdiction. (Ch.8, p.13) An appeal of a conviction in a federal district court is heard by a United States circuit court of appeal . The last handles appeals that originate anywhere in the country when they pertain to such matters as patents and copyrights, some...
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...Common Law Your Name Course Number Due Date Tutors Name Common Law Introduction In order to effectively interact with the legal department and staff, everyone must have some knowledge in respects to various areas of the law and the legal concepts that one will encounter on a day to day basis. Concepts and examples of common law, when it began, how it is used and where it is used as well as the sources will be discussed. The importance of precedent to the judicial decision-making process is also tied in with common law and how it is used when making court decisions and lastly, but just as important, knowing what equitable remedies means and how it is used in court decisions so as the Manager it is important that everyone is prepared to understand and have the ability to interpret the meanings of each concept. Common law Common Law is also called Anglo American Law or precedent. It emerged in England in the Middle Ages and it did not originally consist of substantive rights but procedural remedies. The English common law was developed from custom judges rather than legislatures in the English and U.S. courts. Common law, are laws based on court decisions in similar cases in the past. Although law and precedent originated in England they are being used in what used to be English colonies including this country. All other countries use a statutory system which is the theory behind the common law that should be reliable and predictable whereby, without it businesspeople...
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...of the U.S. Criminal Court System CJA/491 Amy Miller 5-27-2013 Professor Angela Bradrick Introduction This paper will examine the historic development of the American courts. It will define common law heritage and discuss the evolution of American law. It will also discuss, compare, and contrast the evolution of the United States courts, including state vs. federal, and trial vs. appellate courts. Common Law Heritage and the Evolution of American Law Back in the time of medieval England, common law heritage was established. Because of the unwritten laws of this time, judges used customs and societal norms to determine what laws were sufficient for what crimes. These were considered judge made laws. Judges would decide cases by using past rulings and sentencing to determine current similar cases; this was called stare decisis (Meyer & Grant, 2003). It was important for judges to use this procedure, making it a less difficult to prosecute each case independently. According to Meyer and Grant (2003), common law was un-codified, meaning these were unwritten laws. As stated earlier, judges used previous verdicts to identify what forms of prosecution and sentencing of law-breaking acts would be implemented in current cases. Codified laws, or written laws were also defined by pre-existing customs, but they were written statutes in which society could familiarize with and recognize as a law. The changes came about, when the common laws were codified to establish...
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...American Criminal Court System Kabie Goss CJA/224 July 14, 2014 Samyra Hicks American Criminal Court System When thinking about the American Criminal Court System, there is a lot to think about. Most cases are not just opened and closed in one day like they are on television, and there are different courts to handle different situations. In this paper I will be describing what a court is and its purpose, as well as defining what the dual court system is. I will also describe the role that early codes, common law, and precedent played in the development of courts. Lastly, I will identify the role of the courts in criminal justice today. Court and its Purpose Merriam-Webster defines a court in three different ways, but they all seem to intertwine. The first definition is; “a formal legal meeting in which evidence about crimes, disagreements, etc., is presented to a judge and often a jury so that decisions can be made according to the law.” The second being, “a place where legal cases are heard.” The third definition states, “An official group of people (such as a judge and jury) who listen to evidence and make decisions about legal cases.” There are many different types of courts at the local, state, and federal level. Courts can hear both civil and criminal cases. The purpose of the court is to settle legal disputes whether civil or criminal, through a legal process, while protecting the rights and liberties of everyone involved, and to administer justice...
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...1.i) Burden of proof refers to the obligation or responsibility to prove, in a case before the courts, the assertions made by a complainant. The general rule is that the burden of proof lies with the party who makes the allegation. ii) There are two standards of proof in trails. For the criminal standard, it was required as proof beyond reasonable doubt. And for the civil standard is proof on the balance of probabilities. iii) The standard of proof requires in criminal trail is to establishes the offense beyond a reasonable doubt, for the standard of proof required in civil trail is to proof on the balance of probabilities with clear and convincing evidence. 2. Criminal law is a branch of law which concerns crimes that committed against the government or society. For example, social conduct and proscribes threatening, harming, or otherwise endangering the health, safety, and moral welfare of people. The main objective of prosecution in criminal law is to punish convicted offenders by means a fine, imprisonment or other forms of punishments, unlike civil law, whose emphasis is more on dispute resolution and victim compensation. Civil law is used to regulate rights and obligations of individuals for upholding private rights and resolving dispute between private citizens. 3. The principal legal sources of law in Hong Kong include the Basic Law, Article 5, Article 8, Article 18 and also Article 19. The establishment of Hong Kong’s legal system was in accordance with the provisions...
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...German Law system Public Law * Public law rules the relations between a citizen or private person and an official entity or between two official entities, e.g. a law which determines taxes * Public law was formerly based on the so-called "superiority inferiority relationship", means that a public authority may define what is to be done, without the approval of the citizen. * E.g., if the authority orders a citizen to pay taxes, the citizen has to pay, even without an agreement. * In return, the authority has to abide by the law and may only order, if empowered by a law. * The newer theory to determine, whether a regulation is public or civil law, is the modified theory of subjects: if at least one of the subjects is part of the state or is legally empowered to act on behalf of any part of the state. Constitutional law * The constitution is called the Grundgesetz (Basic Law) because the drafters saw this legal part as a provisional document, to be replaced by the constitution of a future united Germany. * In reaction to National Socialism, the basic law shows mistrust towards its own people and its own government and was created as a reaction to the problems of the Weimar Constitution. * The constitutional law (Verfassungsrecht) deals mostly with Germany’s constitution and the rights and duties of the various institutions. * A major part are the Civil rights which are first in the basic law (Grundgesetz) and from which everything...
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