...Holding: Misconduct is not defined by the Unemployment Compensation Law within the New Mexico Statutes Annotated; however, the Wisconsin Supreme Court case Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (Wis.1941) formulated a definition which the Supreme Court of New Mexico adopted. This law states misconducted occurs with any of the following: disregards the standard of behavior, to show an intentional and substantial disregard of the employer’s interest, and disregard of the employer’s duties. Such actions as inefficiency, unsatisfactory conduct are not to be deemed as misconduct. (ld.) Analysis: With the definition of misconduct being adopted by the courts Mrs. Mitchell’s acts of name calling (terms such as birdbrain and “white” girl), improper attire (wearing non uniform pants), and insubordination (refusing job assignments and singing after being told to stop) on multiple occasions shows sufficient misconduct. The incidents as a whole show a consistent disregard for the center and Mrs. Mitchell’s co-workers. Decision: Therefore, as a result it is clear that Mrs. Mitchell committed various forms of misconduct over a three month period on her own accord with complete disregard by the requests of her employer to correct the mentioned actions. Analogizing / Distinguishing: This case and the case involving Natalie Attired both involve the use of improper language at work, which considered to be misconduct. Mitchell used derogatory...
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...with the Kentucky Supreme Court. This is when not only Batson’s sixth amendment rights were being questioned but also his fourteenth amendment rights. This is when the Swain v. Alabama case was discussed. The courts stayed firm on their decision stating that the defense must prove that there was an absence of fair cross section as a result of discriminatory challenges over an extended time frame (Beckley). The court reviewed the case from the Jefferson Circuit Court in Kentucky and confirmed that the conviction was accurate based on the evidence and witness statements. They also chose not to depend on the Swain case as a reliable argument made by the defense. The courts also felt that the judgment from the previous hearing was justifiable based on the voir dire process...
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...Cheever Case Citation 134 S.Ct. 596, 187 L.Ed.2d 519, 82 USLW 4032, 13 Cal. Daily Op. Serv. 13,303, 2013 Daily Journal D.A.R. 16,039, 24 Fla. L. Weekly Fed. S 492 (Westlaw, 2013) Facts In January of 1995, Scott D. Cheever killed Sheriff Matthew Samuels of the Greenwood County Sheriff’s Department at the residence of Darrell and Belinda Cooper in Hilltop, Kansas (The OYEZ Project, 2014). A few hours before Samuel’s arrived at the Cooper home, Cheever and his friend cooked and smoked methamphetamines. Cheever’s friends told him that officers were en route to his location. Cheever made the decision to attempt to flee the scene but realized his vehicle had a flat tire. He returned to the house and hid in an upstairs bedroom with a loaded .44 caliber revolver. He heard footsteps leading towards his location so he stepped out from his hiding spot and shot Samuel’s. While Cheever was walking back towards his hiding spot he shot Samuel’s once again. He made the decision to also shoot a deputy, a detective, and members of the local SWAT team which had also arrived. However only Samuel’s was shot (Westlaw, 2013). History Cheever was charged with Capital murder in Kansas. Soon after the Kansas Supreme Court determined that the state’s death penalty scheme was unconstitutional. The prosecutor’s chose to dismiss their charges to allow the federal authorities to prosecute him utilizing the Federal Death Penalty Act of 1994, 18 U.S.C 3591 et esq (Westlaw, 2013). Within the federal case, Cheever...
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...Exclusionary Rule Evaluation Christopher Revels CJA/364 August 1, 2011 University of Phoenix Exclusionary Rule Evaluation When examining the Exclusionary Rule certain measures were taken to integrate some significant meaning and justification constitutionally for law enforcement to follow. The rule does not stem from the Fourth Amendment; however, similar descriptions are found in the definition pertaining to the Fourth Amendment. Historically, the Exclusionary Rule serves as a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained illegally...
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... kidnapping, and robbery (Landmark Cases). After being arrested, Miranda was interrogated for hours where Miranda allegedly confessed to the crimes. He then stood trial were this confession being the only evidence from the prosecution and he was convicted and sentenced to 20 to 30 years in prison. Ernesto Miranda never finished the ninth grade, had a history of mental problems and received no counsel during the interrogation or trial. Following his conviction, Miranda appealed to the Arizona Supreme Court “claiming that the police had unconstitutionally obtained his confession” (Landmark Cases). The court upheld the conviction. He then appealed to the U.S. Supreme Court, which finally looked at the case in 1966. Upon evaluation of the case the court found many flaws in the arrest of Ernesto Miranda. Under the Fifth Amendment the suspect has right to refuse to be a witness against himself and the Six Amendment, which gives a guarantee to a criminal defendants the right to an attorney (Landmark Cases). This is the police’s duty to inform all suspects of these rights, something that was not given prior to the two-hour interrogation. Chief Justice Earl Warren made this all part of the written decision in a 5-4 ruling by The Supreme Court that overturned the conviction of Ernesto Miranda (Landmark Cases). Ernesto Miranda would later be retried and convicted of the same crimes without the use of his confession. However, the Supreme Court now made it mandatory for police to...
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...amendment of the US constitution in 1791, which formed the basis of Bill of Rights. It is imperative to assert that this amendment contains five provisions, which include choice of vocalization, press, and religion. Other provisions include the rights to petition, as well as assembly. The first amendment is critical since it shields some of the significant, fundamental human rights, as well as reflecting on concerns, which the government may ignore (Patterson, 2009). All these rights have limitations, thus prompting the Supreme Court to take primacy in passing the verdicts. Some of these cases relate to the five stipulations of amendment one. The distinguished cases include ‘Edward against South Carolina of 1963’ and ‘Hazelwood School District against Kuhlmeier of 1988’. The former case encompasses detainment of nonviolent protesters for unlawful conduct. The later is about liberty of expression in schools. Significant Cases Related to the Freedoms The case of Edwards against South Carolina occurred in 1963 when an assemblage of 187 Negros scholars gathered to express peacefully. This owed to the fact that they felt upset by laws of South Carolina, which purportedly forbidden their privileges. This group of lobbyists assembled at the spot of State administration and conveyed their accusations to the nationals, as well as other lawmaking bodies. It is important to assert that the police gave them an ultimatum to scatter in 15 minutes, and failure to which could lead to...
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...that is growing at a fast paste through either populations or corporations and also shrinking in size, the rules and regulations can keep everyone safe. Due to federalism, both federal government and each state government have their court systems. The Federal court structure, Federal courts hear the cases that would involve the constitutionality of law. The federal court structure starts with the supreme court, The appellate courts, (12 regional circuit courts of appeals) (1 U.S court of appeals for the federal circuit). Trial courts or U.S District Courts (94 Judicial Districts) and the U.S Bankruptcy courts. This level also has the U.S Court of International Trade, and the U.S Court of Federal Claims. The last level the Federal Courts and Other entities outside the Judicial Branch. This includes Military Courts (Trial and Appellate) Court of Veterans Appeals, U.S Tax Court and the Federal administrative agencies and boards. Each courts system has a lot of independence, they all have made the Judicial Branch an adamant equal to Congress and the President himself. State Government court systems are different; County organizes the New York State court system. Each county has a "County Supreme Court", a “County Court”, a “Family Court” and a...
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...formal institution such as trial courts or courts of justice, to address conflict resolution is indispensible. The establishment of this formal institutions is based on the social contract theory wherein the government is duty bound to maintain order in a community and to protect and enforce the fundamental rights of its inhabitants in exchange for the surrender of some rights of the latter. All these, follow the course of administration of justice. Administration of Justice examines the structure, function, laws, procedures, and decision-making processes of agencies that deal with crime management. Courts of justice plays a very important role in the administration of justice. Almost all countries experience problems in the administration of justice. The degree of seriousness of these problems varies depending on several factors. The most common among these problems is the increasing number of court dockets and flaws in the laws being interpreted and implemented. In the Philippines, Courts, in the administration of justice, follows a hierarchy of courts. There are four (4) levels of courts in the Philippines, wherein it is the Supreme Court that is at the apex of this four-tiered hierarchy. At the lowest level of the hierarchy are the first-level courts, consisting of the Municipal Trial Courts (MTCs), Metropolitan Trial Courts (MeTCs), and Municipal Circuit Trial Courts (MCTCs). These are basically called trial courts. These Trial Courts are the front liners in most...
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...Guam Unified Court System Research Paper for Judicial Process Instructor: Doctor Elberg By Donna Halbrook Guam Unified Court System The Judiciary of Guam is pleased to join the United States of America as the fifty-first state. The newest chapter of our judiciary journey begins with some major objectives in mind. One of these objectives is to increase access to justice for every member of our community. Another major objective is to ensure the Judiciary serves as a model of good governance. We will promote accountability, performance, and transparency (Torres 2010). The new court will be a unified court system, very serving and strong at the foundation levels where we meet the people at. We will start at the foundation and build to the highest court, the State Supreme Court of Guam. Supreme Court Court of Appeals [Problem Solving Courts] Foundation Courts Foundation Courts: Problem Solving Courts | Village Court | Trial Court | Family Court | Village Courts The Village Courts will play a vital role in the Guam State Unified Court System. These courts have broad jurisdiction and they hear both civil and criminal matters (New York State Office of Court Administration 1996-2011). In Guam, this will be for the smaller but very numerous legal affairs of our citizens. There will be a Village Court associated with each of the four police precincts, thus embracing the entire population of Guam. The offices and chambers for these courts will be in close...
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...internet and the online university library and searched terms such as video games and children, popular culture and video games, video game addiction, and video game violence. Listed below are some of the numerous sources I discovered. I choose a small sampling of the sources available, briefly explained their relevance, gave a short overview of the article, completed a quick pro and con review and lastly I completed a compare and contract of the source against two other sources. | Source 1 | 1) Source Title | The Effects of Video Games on Children | 2) APA-formatted citation for source | Gentile, D. A. (2004). The effects of video games on children: What parents need to know? Pediatrics for Parents, 21(6), 23-25. | 3) Source Evaluation | Peer-reviewed journal | 4) Relevance of source to Subtopic | This article shows the effects of gaming and that excessive time spent playing video games can have a negative effect on children. | 5) 3-5 sentence description of source | This article discusses the fact that video games can have both a positive and negative influence on children. It discusses the need for parents to monitor the games their children play if they do not want their children affected by the negatives of video games. It also addresses the correlation between the amount of time a child spends playing video games and effects. | 6) Strengths | This article breaks down the negative influences of children playing video games into five major effects. It then...
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...unemployment compensation benefits on the grounds of “misconduct” in July of 2010. She began working as a waitress at Biddy’s Tea House in May of 2009 and she received work performance evaluations every three months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvements. In June of 2010, Natalie purchased a full-sleeve tattoo that covered her entire upper right arm, from shoulder to elbow. The tattoo was partially covered by the her uniform, with the exception of the lower portion near her elbow. The owner, Biddy Baker told Natalie that, “If the tattoo was not removed, she would be fired”. Natalie refused to have it removed. She worked the remaining of that week and was terminated that Friday for misconduct. Ms. Baker could not provide any proof of decline in sales during Natalie’s employment. However, she did provide the names of two longtime customers who requested a different table when seated in Natalie’s section the day before she was fired due to the tattoo. Natalie filed for unemployment compensation benefits in July of 2010. Her claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was ineligible for unemployment compensation. ISSUE: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by N.M. Stat. Ann. §51-1-7. Also, if Ms. Baker provided...
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...Arrowhead School District v. James A. Kylap (2003 Mont. LEXIS 750) Supreme Court of Montana Plaintiff school district brought suit against defendant teacher to enforce a liquidated damages clause in the parties’ contract when the teacher informed the school that he would not be returning for the next school year, as he had accepted another teaching position. The District Court of the Sixth Judicial District, Park County, Montana, awarded judgment in favor of the school, finding the clause was enforceable. The teacher appealed. In his appeal, the teacher contended the trial court erred in concluding the damages clause in the contract was an enforceable liquidated damages term rather than an unenforceable penalty. Recognizing a disparity in Montana’s case law on the enforceability of liquidated damages clauses, the supreme court analyzed the history and development of liquidated damages and concluded that the proper way to resolve inconsistencies was to analyze liquidated damages clauses from the perspective of whether or not the clause was unconscionable as indicated by the nature of the bargaining process between the parties. As applied to the instant case, the supreme court determined that, although the teacher had no meaningful choice regarding the liquidated damages provision, the clause itself was still not unconscionable, because the contract’s 20 percent of salary liquidated damages was within the teacher’s reasonable expectations as a teacher familiar with...
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...Policies in Relation to Abortion Before and After the Roe v. Wade Supreme Court Case New Mexico State University Jennifer Walker Abstract The Roe versus Wade Supreme Court Case has had a huge impact on abortion laws in the United States. Before 1973, abortions were illegal and criminal, with few exceptions. Overnight, the decision in the case legalized first trimester abortions while leaving the specifications of the other trimesters up to the states. This case has led to many debates over the value of life and when life begins whether at conception, independence from mother, or first breath. All of these can be defined by religion, law, or individual beliefs. Unfortunately, none of the policies before or after Roe versus Wade have addressed the issue of unintended pregnancies, which is the underlying cause of abortion. Until this is addressed, policies will continue to be created, implemented, and challenged. Policies in Relation to Abortion Before and After the Roe v. Wade Supreme Court Case Introduction In 1973, a case was selected to be heard by the Supreme Court that would substantially impact women’s rights then and continue to impact them today. The case was over Texas policy article 1911 that stated, “If any person shall designedly administer to a pregnant woman or knowingly procure to be administered with her consent… and thereby procure an abortion, he shall be confined in the penitentiary not less than two nor more than five years…” (Law Library, 2014)...
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...is delineated advantageously through evaluation of historical precedents. The misuse of drawing voting district lines has been present for centuries. On February 12, 1812 Elbridge Gerry, the Governor of Massachusetts, caused the birth of a new term for the English lexicon: gerrymander. In 1812, Governor Gerry manipulated the lines of voting districts in Massachusetts in order to secure his incumbency. The shapes...
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...and also checks and balances for the government so that companies have some sort of freedom. The roles of law in businesses are divided by Criminal and Civil Law, Substantive and Procedural Law, and Private and Public Law. (Diak.2009) Criminal laws results in the legal punishment when a criminal act has been performed and are used in order to protect the society while Civil Law disputes cases between companies or individuals; private parties. If any one indulges in any criminal acts in a business or in society, they are held responsible and would have to face the consequences. In a business corporation, one would not want to get caught in any criminal acts, even though it still gets done sometimes, knowing that it could tarnish their reputation as well as the businesses and that encourages them to abide by the laws. The purpose of Civil law is for the private party to have their primary or sanctioning rights. This helps business and those who work in the businesses to respect each other’s rights and give guidance. The structure of Criminal and Civil laws are the same in New York State courts structure. There are...
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