...Student name Institution name Date Introduction Question: Is the policy of eminent domain providing for the public welfare, through the taking of privately owned property, using a rightful procedure involving due process and just compensation as it was intended to do when the policy was founded? Eminent domain is the inherent power of the government to take over a citizen's property for public use without the owner's consent. Initially, this public policy originated in the Middle Ages throughout the world. It became part of the British common law before reaching the United States where it was then illustrated in the US Constitution in 1791 (Britannica: eminent domain). The Fifth Amendment granted the federal government the right to exercise eminent domain, provided protection to individuals, and protected the property rights of citizens. Shortly after the due process clause of the Fourteenth Amendment made the federal guarantee of “just compensation” applicable to the states. The use of eminent domain power to promote economic development, particularly in urban centers of the United States, has become the focus of significant controversy in this present day. This is commonly done when the acquisition of property is needed for the completion of certain project. Projects intended for the public good such as highways, bridges, schools, and government buildings have been created from Eminent Domain. The policy pertains to every independent government. It requires very little...
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...English Common Law, real property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth. | Question 2.2. personal property - Personal property is generally considered property that is movable, as opposed to real property or real estate. In common law systems, personal property may also be called chattels or belongings. | Question 3.3. eminent domain - The power the government has to obtain the property of an individual even without the person's full consent. In most countries, including the U.S., the land owner will be compensated for the land at fair market value. This power allows the government to seize land to be used in public enterprises such as roads, schools, or utilities | Question 4.4. condemnation - the seizure, as of property, for public use. | Question 5.5. inverse condemnation - is a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of Constitution. In some states the term also includes damaging of property as well as taking it. In order to be compensated, the owner must then sue the government. In such cases the owner is the plaintiff and that is why the action is called inverse – the order of parties is reversed, as compared to the usual procedure...
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...Reardon v. U.S. 947 F.2d 1509 C.A.1 (Mass.),1991. Heard May 8, 1991. (Approx. 19 pages) [pic] Lien on real property created by CERCLA when Environmental Protection Agency (EPA) determines that property owners may be liable for cleanup costs amounts to deprivation of a significant property interest within meaning of the due process clause. Comprehensive Environmental Response, Compensation, and Liability Act of 1980, § 107(l ), as amended, 42 U.S.C.A. § 9607(l ); U.S.C.A. Const.Amend. 5. Absence of notice and hearing may be justified by exigent circumstances. U.S.C.A. Const.Amend. 5. 92k251.5 k. Procedural Due Process in General. Most Cited Cases Constitution allows the process due to be tailored to fit realities of the situation. U.S.C.A. Const.Amend. 5. *1510 Lynn Wright, with whom Robin F. Price and Edwards and Angell, New York City, were on supplemental brief, for plaintiffs, appellants. George W. Van Cleve, Deputy Asst. Atty. Gen., with whom Barry Hartman, Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., Stephen L. Samuels, Steve C. Gold, Jacques B. Gelin, Attys., Dept. of Justice, Charles Openschowski, Office of Gen. Counsel, E.P.A. and Luis Rodriguez, Asst. Regional Counsel, E.P.A., Washington, D.C., were on supplemental brief, for defendants, appellees. OPINION EN BANC TORRUELLA, Circuit Judge. After removing hazardous substances from property belonging to the Reardons, EPA filed...
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...Analyzing Due Process in the Workplace ELIHU M. GERSON AND SUSAN LEIGH STAR Tremont Research Institute Every office is an open system, and the products of office work are the result of decentralized negotiations. Changing patterns of task organization and alliance inevitably give rise to inconsistent knowledge bases and procedures. This implies that there are no globally correct answers to problems addressed by OIL%. Rather, systems must deal with multiple competing, possibly irreconcilable, solutions. Articulating alternative solutions is the problem of due process. This problem and its consequences are illustrated by a case study of a rate-setting group in a large health insurance firm. There is no formal solution to the problem of due process. But it must be solved in practice if distributed intelligent 01% are to be developed. We propose an alternative approach based on the work of social scientists concerned with analyzing analogous problems in human organization. Solution of the due process problem hinges on developing local closures to the problem faced by an organization. This means analyzing (a) local, tacit knowledge and its transfer ability; (b) articulation work, that is, reconciling incommensurate assumptions and procedures. Categories and Subject Descriptors: H.l.l [Models and Principles]: Systems and Information Theory; 1.2.0 [Artificial Intelligence]: General; 1.2.4 [Artificial Intelligence]: Knowledge Rep- resentation Formalisms...
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...C.A.S.A. Dr. Fountaine’s and Ms. Stephenson’s case does not require this Court to decide any moral or ethical dilemmas regarding how people should, or may, accept or confront their own death. Rather, it is this Court’s responsibility to recognize that citizens have a constitutionally protected right in making significant life decisions for themselves, such as hastening one’s own death or asking another for help in the same, without the umbrella of judicial or legislative imposition. The beginning of this case should be examined similar to that of Roe v Wade 410 U.S. 113, in the reproductive rights context. Under the liberty protected by substantive due process under the Fourteenth Amendment to the Constitution, states should be permitted to regulate, not prohibit, physician assisted death. “The liberty protected by due process covers more than those freedoms explicitly named in the Bill of Rights…But such liberty can be limited if the state shows a compelling interest (not just a legitimate one)” Roe v. Wade 410 U.S. 113. States do possess a ‘compelling interest’ in preventing citizens from unnecessary death. However, this power extends to protecting the citizens from irrational, ill informed, or pressured decisions in that capacity. To that end, states do have the power to regulate and limit the...
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...discipline is very important when running a prison or jail. Usually, mentally ill inmates have had few or no protections against discipline routinely applied to their non-mentally ill peers. Arising from recent class action lawsuits challenging the quality of mental health care delivery in the nation’s prisons, prison mental health professionals have been called on to play an increasing role in the inmate disciplinary process. Referral questions include whether an inmate is competent to proceed with disciplinary proceedings and whether mental illness may have contributed to the rule violation. Prison mental health professionals participating in inmate disciplinary proceedings must therefore be familiar with relevant clinical, legal, and ethics issues. Little has been written in the psychiatric literature, however, examining this important role for prison mental health professionals. After first reviewing core legal and constitutional concepts, the author presents the results of a nationwide survey examining the role for mental health professionals in the inmate disciplinary process. To the author’s knowledge, this is the first study to provide a comprehensive review of this subject. Most prison systems have procedures for punishing prisoners who violate prison rules and for removing inmates from the general population for disciplinary or safety reasons. (For the purpose of this article, the terms “prisoner” and “inmate” will be used interchangeably. “Mental health” and “custody” are...
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...Alston v. Advance Brands and Importing Company (Page 65) 1. Given the courts reference to the rights of parents in the case of Alston v. Advance Brands and Importing Company, I do not feel there is any alternative theory. This is because, the plaintiffs cannot demonstrate that they have standing because they cannot show redressability or a remedy. 2. If Alston had been the parent of a smoker who suffered a smoking-related illness, Alston still could not allege an injury despite the fact that several different brands of the cigarettes contributed to the injury. There was no law broken by the manufacturer but by both the third-party seller and the underage purchasers. Brower v. Gateway 2000, Inc (Page 74) 1. The way that I would rewrite Gateway’s clause to be sure that it would be judged by the New York courts, would be first to not ask for arbitration before the ICC. Simply make the terms tolerable for the plaintiffs who seek protection of their rights. Furthermore, if the courts find that the defendants are liable then all fees should be refunded. 2. A. In this case the practical implication of Gateway’s loss is that their arbitration clause is unreasonable and burdensome to plaintiffs, it favored Gateway and it chose ICC as the arbitration forum. B. If Gateway had prevailed; it would have changed the cost-benefit analysis involved in deciding whether to settle the case because most of their computers cost less than the required amount from both parties. DiMercurio...
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...Due Process Clayton Cullins 01/04/12 CJS 220 Mr. Samuel P. Cervera Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so that judges - instead of legislators - may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. In the criminal justices, Due process can be in applied in court cases. In criminal prosecutions and civil cases are generally governed by explicit guarantees of procedural rights under the Bill of Rights. Most of these rights have been incorporated under the Fourteenth Amendment to the States. Among those rights is the constitutional right to procedural due process, which has been broadly construed to protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived...
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...Describe the concept of due process: Due process is a legal term from the government. It is a principle that the government must respect the legal rights of an individual according to the law. This due process holds the government to the law of the land protecting people from the states power. This is kind of a way of limiting what the government can and can’t do in efforts to make them not be unfair to the people. I read this and I feel that it helps explain what I am trying to say a little more clearly. "The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E. Householder Co., 125 So. 2, 7 (Fla. 1929). The constitution states only one command twice. The Fifth Amendment says to the federal government that no shall be “deprived of life, liberty or property without due process of law”. The Fourteenth Amendment uses the same eleven words called Due Process Clause and it is used to describe the legal obligation of all states. Basically they are giving an promise of assurance that all levels of the government must operate within the law and provide fair procedures. Describe three of the legal defense. The three defenses that I would like to describe would be the insanity defense, self-defense, and the entrapment defense. The insanity defense is the defendant claims that because of mental health problems they were not responsible for their actions. The insanity defense is based on...
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...160 Ohio App.3d 634; Ricker v. Fraza/Forklifts of Detroit; | |[pic] |[pic] |Page 634 |[pic] | RICKER, Appellant v. FRAZA/FORKLIFTS OF DETRIOT, Apellee. [Cite as Ricker v. Fraza/Forklifts of Detriot, 160 Ohio App.3d 634, 2005-Ohio-1945] 2005-Ohio-1945 Court of Appeals of Ohio, Tenth District, Franklin County. No. 04AP-582 Decided April 26, 2005 LAZARUS, Judge. {¶1} Plaintiff-appellant, J. Griffin Ricker, appeals from a decision of the Franklin County Court of Common Pleas, dismissing his complaint against defendant-appellee, Fraza/Forklifts of Detroit ("Fraza"), for lack of personal jurisdiction. {¶2} Ricker initiated this action with a complaint seeking damages for breach of an oral contract to provide insurance consulting services. The complaint alleges that Ricker is an insurance consultant with his principal place of business located in Hilliard, Ohio, and Fraza is a Delaware corporation with its principal place of business located in Roseville, Michigan. The complaint further alleges that, in 2002, Fraza hired Ricker to provide insurance consulting services, and agreed to pay Ricker $30,000 if business insurance was obtained through the efforts of Ricker. Such payments would apply to subsequent annual renewals of insurance. Ricker obtained insurance coverage for Frazer from Universal Underwriters Group for 2002. Fraza paid Ricker for his consulting...
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...hostile, as a mob met the youths. The trial judge appointed “all members of the bar” for the purpose of the arraignment. The defendants themselves were illiterate and “ignorant”. They were all tried separately, each trial lasting a day, convicted, and sentenced to death. Issue- Whether the defendants had sufficient counsel. Whether the Due Process Clause of the Fourteenth Amendment had been violated. Held- No. The Court noted that when counsel was in place that neither the defense counsel nor the court could say what a prompt and thoroughgoing investigation might disclose as to facts as there had been no proper investigation, and no opportunity to do so. Given the hostile circumstances, the illiterate status of the defendants, the close surveillance, their isolation from their families, and that they stood in deadly peril of their lives, the failure of the trial court to give them reasonable time and opportunity to secure counsel was a clear denial of due process. Discussion- The necessity of counsel is so important and urgent that the failure of the trial court to make an effective appointment of counsel was likewise a denial of due process within the meaning of the Fourteenth...
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...Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 74457 March 20, 1987 RESTITUTO YNOT, petitioner, vs. INTERMEDIATE APPELLATE COURT, THE STATION COMMANDER, INTEGRATED NATIONAL POLICE, BAROTAC NUEVO, ILOILO and THE REGIONAL DIRECTOR, BUREAU OF ANIMAL INDUSTRY, REGION IV, ILOILO CITY, respondents. Ramon A. Gonzales for petitioner. CRUZ, J.: The essence of due process is distilled in the immortal cry of Themistocles to Alcibiades "Strike — but hear me first!" It is this cry that the petitioner in effect repeats here as he challenges the constitutionality of Executive Order No. 626-A. The said executive order reads in full as follows: WHEREAS, the President has given orders prohibiting the interprovincial movement of carabaos and the slaughtering of carabaos not complying with the requirements of Executive Order No. 626 particularly with respect to age; WHEREAS, it has been observed that despite such orders the violators still manage to circumvent the prohibition against inter-provincial movement of carabaos by transporting carabeef instead; and WHEREAS, in order to achieve the purposes and objectives of Executive Order No. 626 and the prohibition against interprovincial movement of carabaos, it is necessary to strengthen the said Executive Order and provide for the disposition of the carabaos and carabeef subject of the violation; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the...
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...Mary a proprietor of a small business in Vermont specializes in the manufacturing of ski equipment and sales to Vermont ski resorts. Mary signed a contract with Froogle that allows Mary’s business to advertise on Froogles search engine. Mary is aware that Froogles headquarters is in California. Mary has never done business or been in California. All business relating to Mary is done directly on the phone in Vermont or via the internet. Two months after Mary signed the contract Froogle alleges that Mary violated the agreement between the parties and files suit in Superior Court for the county of Monterey in Salinas, California. Mary claims that the California court has no personal jurisdiction over her. Froogle claims California does have jurisdiction over her because she knowingly did business with a California Company. The issue in this case is whether Mary, resident of Vermont who sells ski equipmentin Vermont and maintains a website, is subject to the personal jurisdiction of a California court even though she has never been to California, and has no contacts there. In Gourmet Video, Inc. v. Alpha Blue Archives, Inc., 2008 U.S. Dist. LEXIS 87645 (D.N.J. Oct. 29, 2008), The plaintiff in this case is a New Jersey copyright owner who sued the defendant for violating the copyright act by selling the material via their website based out of the Northern California district. The defendant argued that the venue was improper and moved to dismiss the complaint. The court...
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...to understand the basis of the majority opinion and whether the arguments of the dissenting opinions are valid. Specifically, David wants you to answer the following questions: • The majority opinion concludes that “the right to marry is fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses… couples of the same-sex may not be deprived of that right and liberty.” What are the chief criticisms that Chief Justice Roberts’ dissent makes of the conclusion that the right to marry is a fundamental right? • Do you agree with the majority or with Justice Roberts on whether the right to marry is a fundamental right, and why? (Definition of “marriage” is part of Robert’s analysis of whether the right to marry is a fundamental right and is also part of the majority opinion, so you have to get into what the word “marriage” means) • Justice Thomas’s dissent states his view that substantive due process is wrong. He also says that, even if were “defensible”, “the concept of ‘liberty’ [that the majority opinion] conjures up bears no resemblance to any plausible meaning of the word as it is used in the Due Process Clauses.” What is Justice Thomas’s view of the meaning of “liberty”...
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...Volkswagen, Inc in New York, which at the time Mr. and Mrs. Robinson where currently residents. As they were traveling to Arizona to relocate, they were rear-ended by another vehicle. When the accident occurred the Robinsons realized that the Audi had a defect, which caused the doors to jam with the impact and the fuel tank position of the fuel tank caused a fire at the time of the accident. The Robinsons claimed that the major injuries sustained were caused by the malfunction and lack of safety from the vehicle. Issue (Legal & Court): Whether Oklahoma had in personam jurisdiction, even though the automobile retailer and its wholesale distributor did not have a residency connection with the state. The Court has to determine if the Due Process Clause is violated because of lack in meeting the “minimum contact” requirement. Holding: The U.S. Supreme Court reversed the ruling for Oklahoma to have jurisdiction, because the forum state did not have enough residency or a minimum contact with the defendant to meet the requirements to be considered a objective trial. Rationale section: (Why) The 14th Amendment limits a state’s power to judge a non-resident defendant without proper personal jurisdiction. This amendment provides protection against inconvenient litigation for the defendant located outside the state boundary. The Supreme Court used the principle of minimum contact to stablish whether the litigation would be fair and reasonable for the defendants. The court followed...
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