...The American Court System Behind Closed Doors America first established its judiciary system around the same time the 13 British Colonies became established as individual territories. When it came down to it, Federalist battled Anti-federalist over the writing of the Constitution of the United States. The Anti- Federalist were opposed to the idea of a one centralized government while the Federalists on the other hand were all for a centralized government. What came next was the establishing of the Judicial Branch known as Article III. The start of the first court system came along with Congress passing, The Judiciary Act of 1789. The act established the United States circuit courts which were also known to be United States federal courts and were located in each of the federal judicial districts. The act also established the United States Supreme Court and its justices. It wasn’t until 1912, that the district courts became exercised and became the new federal trial courts replacing the circuit courts as original jurisdiction. Circuit courts became known as federal court of appeals. They no longer have the right to try a case first, which is now the district courts role in the judicial system. With 13 circuit courts and 93 federal judicial districts the two courts make up most of the judicial system in our country. That’s why it is imperative that we know the differences and the similarities between each court. After observing both courts for about 5 or so hours, I really...
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...OBSERVATION REPORT (Observe – to pay attention to, to perceive or notice, to watch, to recognize or note occurrences, to draw inferences, to remark or comment) The Observation Report is to be the result of an in-person observation made for the purpose of partially fulfilling the requirements of this course, and must include a complete and comprehensive report on any 2.5 hours of observation from the list of choices below, exclusive of breaks and recesses. The observation report shall include the type of observation, the name of the presiding officer, the physical location of the observation, the parties involved, the issues, any decisions made and your personal comments regarding how you “see” the proceedings. Please place emphasis on your personal comments, clearly including what you “bring to the table” (your personal background and why you selected your observation). NOTE: Dr. Flower is the only person who will read your reports. You should, prior to the observation, make notes on your preconceived notions, ideas, and perceptions on what you expect to observe. Your pre-work should then be contrasted or compared with your actual observations. Your “gut” reactions to issues, personalities, competencies and results will most likely be very accurate and should serve as the backbone of your report. DO NOT wait until the last minute to attend the observation since it is common for students to discover the scheduled or planned observation does not take place when the...
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...ehow.com/facts_5007770_role-police-officer.html#ixzz1tRP3wAxg Read more: Role of a Police Officer | eHow.com http://www.ehow.com/facts_5007770_role-police-officer.html#ixzz1tRPGtoCW Read more: Role & Duties of a District Attorney | eHow.com http://www.ehow.com/list_7774779_role-duties-district-attorney.html#ixzz1tRSe3av7 Learn About Cost, Courses, & More For Colleges With CSI Programs '12 www.CampusExplorer.com/CSI Read more: Role & Duties of a District Attorney | eHow.com http://www.ehow.com/list_7774779_role-duties-district-attorney.html#ixzz1tRSozElQ Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTlS8rU Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRTwBvmX * Read more: Assistant District Attorney Job Description | eHow.com http://www.ehow.com/about_6678588_assistant-district-attorney-job-description.html#ixzz1tRU8Bc2n Police Investigate Filing of Criminal Complaint After an alleged crime is investigated, the police initiate the criminal procedure by filing a complaint with the Magisterial District Judge (MDJ) in the area that the crime occurred. Once the complaint is filed, the MDJ will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. If issued a summons, the...
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...ZHENG v. LIBERTY APPAREL COMPANY INC 88 91 998 103 No. 02-7826. Argued: Jan. 16, 2003. -- December 30, 2003 Before: WINTER, LEVAL, and CABRANES, Circuit Judges. James Reif (Margaret A. Malloy, of counsel), Gladstein, Reif & Meginniss, LLP, New York, NY, for Plaintiffs-Appellants.Michael H. Klein, Kestenbaum, Dannenberg & Klein, LLP, New York, NY, for Defendants-Appellees.Jennifer S. Brand, Assistant Attorney General (M. Patricia Smith, Assistant Attorney General, Daniel J. Chepaitis, Assistant Solicitor General, of counsel, Eliot Spitzer, Attorney General of the State of New York, on the brief), Office of the Attorney General of the State of New York, New York, NY, for amicus curiae Eliot Spitzer, Attorney General of the State of New York.Catherine K. Ruckelshaus (Laurence E. Norton, II, Amy Sugimori, of counsel), National Employment Law Project, Inc., New York, NY, for amici curiae Asian-American Legal Defense and Education Fund and National Employment Lawyers' Association. This case asks us to decide whether garment manufacturers who hired contractors to stitch and finish pieces of clothing were “joint employers” within the meaning of the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., and New York law. Plaintiffs, garment workers in New York City who were directly employed by the contractors, claim that the manufacturers were their joint employers because they worked predominantly on the manufacturers' garments, they performed a line-job...
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... we will discuss the case of Jenson V. Eveleth Taconite Co. In August 1988, Lois Jenson and Patricia Kosmach filed a class action suit against Eveleth Mines alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2, and the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363.03, subd. 1(2). This case was the first sexual harassment class action to reach the federal court system, and was overseen by U.S. District Court Judge James Rosenbaum. We will look at this case and summarize the actions leading up to the lawsuit, discuss how management could have prevented the lawsuit, discuss ethical considerations, determine which sources of law would be most relevant, and finally make recommendations on what management could as alternate resolutions. “Jenson V. Eveleth Taconite Co.” Summarize the actions that lead to the lawsuit. This particular case was a very big lawsuit for its time and has been made into a movie we know as North Country. Almost from the beginning, according to court documents, Ms. Jenson and other women were subjected to sexual harassment, verbal abuse, threats, stalking, and intimidation. This behavior has since become known as "strategic" or "territorial harassment," in this case acts perpetrated by men in a predominately male workplace. Lois Jenson was a female worker at the Eveleth Taconite Co Mines from March 25, 1975 until January 25, 1992. During her work there, she was sexually harassed...
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...Defendant – Procedural History: Trial court dismissed the case; plaintiff appeals. Cause of action: Negligence Facts: Bigan engaged in a coal mining operation, and had trenches on his property for this purpose. The trenches were 16-18 feet in height, and contained water of 8-10 feet (water pump not working to take out the water). Yania went to Bigan's property for purposes of business. During his visit, he was taunted andcajoled by Bigan, which induced Yania to jump in the water and he drowned. Bigan made no physical act that caused Yania to fall in, and Yania to not fall in by mistake, but of his own volition Issue: Was Bigan responsible for Yania jumping in the water due to the mental impact he had on Yania? Is Bigan responsible for not acting to save Yania from drowning? - No, No. Holding: No, Order to dismiss affirmed. Reasoning: Yania was an adult of full mental capacity. Bigan's taunts, etc. arenot the reason Yania drowned. Yania jumped in of his own volition. Yania knew or should have known that jumping into the water was very dangerous, and made the decision to do so himself. Bigan had no legal duty to save Yaniafrom drowning, unless it was caused by his own negligence, which it was decidedabove that it was not. Bigan had no legal duty to rescue. Erie R.R. v. Stewart 40 F.2d 855, 1930 U.S. App Procedural History: Tompkins brought this personal injury lawsuit in diversity in federal district court in New York, the jury returned a verdict...
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...members according to detailed rules, regulations, and procedures. Magness and Redman were golfing members of the Dayton Country Club. Upon their filing for bankruptcy, their trustee sought to assign by sale their rights under these memberships to (1) other members on the waiting list, (2) other members not on the waiting list, or (3) the general public, provided the purchaser first acquired membership in the Club. The bankruptcy court found that the Club’s rules governing golf membership were essentially anti-assignment provisions and therefore the estate could not assign rights contained in the membership agreement. On appeal to the district court, the bankruptcy court’s ruling was affirmed. The district court added that this case was not a lease but rather a “non-commercial dispute over the possession of a valuable membership in a recreational and social club.” II. Issue When the rights under a contract are personal, they may not be assigned. . III. Decision Facts: Decision: Judgment affirmed. . IV. Reasons The Court of Appeals found that the memberships of Magness and Redman were personal contracts which are not assignable. A personal contract is one in which “the personality of one of the parties is material.” The determination of whether a contract is personal is a question of intent as shown by the language used in the contract and the nature of the contract. In this case, “[t]he contracts creating the complex relationships among the...
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...Human Resources Task One 1 Human Resources Task One Human Resources Task One Rekeesha L. Duncan Western Governors University Human Resources Task One 2 A. Constructive Discharge: The candidate provides a logical explanation, with sufficient support, of how constructive discharge as a legal concept is relevant to the scenario. Constructive discharge also known as constructive dismissal transpires when an organizations employees resigns because the organization or employer’s actions become increasingly unbearable, atrocious, or has made the employees experience with the organization so trying that the employee has no other choice but to resign and leave the organization. Under the law this type of resignation is not truly voluntary so it is viewed as a termination. The given scenario is relevant to the legal concept of constructive discharge because it paints the picture of an ex-employee who resigned due to a new company policy change that would require employees to work on a religious holy day. The new policy requires all shift-work employees to work 12-hour shifts with four days at work and then four days off. The four required work days can occur on any day of the week, Monday through Sunday. B. Title VII: The candidate provides a logical discussion, with sufficient detail, of a protected category under Title VII of the Civil Rights Act of 1964 that is relevant to the scenario. The law, Title VII of the Civil Rights Act of 1964 makes it illegal to...
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...| THE CIVIL COURTS ACT, 1887 (ACT NO. XII OF 1887). [11th March 1887] 1 An Act to consolidate and amend the law relating to Civil Courts in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:- CHAPTER I PRELIMINARY Title, extent and commencement 1. (1) This Act may be called the 2[ * * *] Civil Courts Act. (2) It extends to Bangladesh except such portions 3[ thereof] as for the time being are not subject to the ordinary civil jurisdiction of the High Court Division 4[ * * *]; and (3) It shall come into force on the first day of July, 1887. [Repealed] 2. (1) 5[ Repealed by the Amendment Act, 1891 (Act No. XII of 1891)]. (2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.] (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, [or East Bengal Civil Court Act] or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. CHAPTER II CONSTITUTION OF CIVIL COURTS Classes of Civil Courts 6[ 3. There shall be following classes of Civil Courts, namely:- (a) the Court of the District Judge; (b) the Court of the Additional District Judge; (c) the Court of the Joint District Judge; (d) the Court of the Senior Assistant Judge; and (e) the Court of the Assistant...
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...Michigan. Jolans has decided to represent Sandra Nelson in her lawsuit against David Namisch. Based on the following information, draft a complaint to be filed in the U.S. district Court for the Eastern District of Michigan. Sandra Nelson is a plaintiff in a lawsuit resulting from an automobile accident. Sandra was turning left at a traffic light at the intersection of Jefferson and Mack streets, while the left-turn arrow was green, when she was hit from the side by a car driven by David Namisch, who failed to stop at the light. The accident occurred on June 3, 2011, at 11:30 p.m. David lives in New York, was visiting his family in Michigan, and just prior to the accident had been out drinking with his brothers. Several witnesses saw the accident. One of the witnesses called the police. Sandra was not wearing her seat belt at the time of the accident, and she was thrown against the windshield, sustaining massive head injuries. When the police and ambulance arrived, they did not think that she would make it to the hospital alive, but she survived. She wants to claim damages of $500,000 for medical expenses, $65,000 for lost wages, and $55,000 for property damage to her Rolls Royce. The accident was reported in the local newspaper, complete with photographs. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN Sandra Nelson, Plaintiff, vs.David Namsich, Defendant. | )))))))))) | Case No.: ___________________________Complaint For Damages AndDemand For Jury...
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...setting aside the default judgment? Answer: A default judgment may be set aside on the grounds of excusable neglect. Discussion: Perry v. Central Bank & Trust, 812 S.W.2d 166 (Ky. Ct. App. 1991) does not apply to the case at hand. Perry challenges the trial court's assertion of jurisdiction. Both parties filed responses to the motion for default judgment. In Green Seed Co., Inc. v. Harrison Tobacco Storage Warehouse, Inc, 663 S.W.2d 755 (Ky. Ct. App. 1984) the issue of jurisdiction was also present. The appellant asserted that his reliance on the removal of the trial court's jurisdiction to the United States District Court is a sufficient showing of good cause but it was held that it was not. Ky. Civ. R. 55.02 states that for good cause shown the court may set aside a judgment by default in accordance with Rule 60.02. Ky. Civ. R 60.02 states that on motion a court may, upon such terms as are just, relieve a party or his legal representative from its final judgment, order, or proceeding upon the following grounds: (a) mistake, inadvertence, surprise or excusable neglect. The motion shall be made within a...
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...Cases for Analysis (Class, please use the FIRAC format for each case analysis. TIP: just use the information from the court case and summarize the “higher court’s decision” using the 5 steps, nothing else. There is no need to do any research. Thanks). ================================================================== Week Two COUGHLIN v TAILHOOK 112 F.3d 1052 (1997) United States Court of Appeals, Ninth Circuit Appeals from the United States District Court for the District of Nevada WIGGINS, Circuit Judge: During a convention at the Las Vegas Hilton, Navy Lieutenant Paula Coughlin was attacked by a group of men in a hotel hallway outside several convention-related hospitality suites. She sued several defendants, including the hotel and the organization which hosted the convention. A jury awarded her several million dollars in compensatory and punitive damages against the Las Vegas Hilton Corporation ("LVHC") and Hilton Hotels Corporation ("HHC"). LVHC and HHC (collectively,"Hilton") appeal. BACKGROUND The infamous 1991 Tailhook Convention served as the stage for the despicable event that led to this lawsuit. Hosted by the Tailhook Association ("Association"), the Tailhook Convention was an annual symposium and convention primarily directed at military aviators and held at the Las Vegas Hilton in Las Vegas, Nevada. Navy Lieutenant Paula A. Coughlin, a decorated helicopter pilot, attended the 1991 Tailhook Convention in her capacity as...
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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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... we will discuss the case of Jenson V. Eveleth Taconite Co. In August 1988, Lois Jenson and Patricia Kosmach filed a class action suit against Eveleth Mines alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2, and the Minnesota Human Rights Act (MHRA), Minn.Stat. § 363.03, subd. 1(2). This case was the first sexual harassment class action to reach the federal court system, and was overseen by U.S. District Court Judge James Rosenbaum. We will look at this case and summarize the actions leading up to the lawsuit, discuss how management could have prevented the lawsuit, discuss ethical considerations, determine which sources of law would be most relevant, and finally make recommendations on what management could as alternate resolutions. “Jenson V. Eveleth Taconite Co.” Summarize the actions that lead to the lawsuit. This particular case was a very big lawsuit for its time and has been made into a movie we know as North Country. Almost from the beginning, according to court documents, Ms. Jenson and other women were subjected to sexual harassment, verbal abuse, threats, stalking, and intimidation. This behavior has since become known as "strategic" or "territorial harassment," in this case acts perpetrated by men in a predominately male workplace. Lois Jenson was a female worker at the Eveleth Taconite Co Mines from March 25, 1975 until January 25, 1992. During her work there, she was sexually harassed...
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...Some experts believe it is more difficult to convict in a criminal trial (e.g., Casey Anthony). Types of Litigation Services Provided by Accountants ¶8011 Consultant An accountant may be hired by an attorney to gather and interpret facts, prepare analyses, help the attorney interpret evidence, advise about issues and strategies involved in a legal matter, locate other accountants to act as consultants or expert witnesses, and help expert witnesses form their opinions. Accountants acting as consultants will not be asked to testify in a judicial or regulatory proceeding, and their work usually will be protected from disclosure by the attorney work product privilege. ¶8016 Expert Witness An accountant may be retained by an attorney or court as an expert witness to testify in a judicial or administrative proceeding. Accountants often are asked to lend their expertise to shareholder disputes, valuation controversies, and commercial damage claims. Accountants retained as expert witnesses will be expected to...
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