...Fourth Amendment Summary Jesus Lozano-McNeely Alonso Butts, Blair Smith CJA/364 Criminal Procedures University of Phoenix Mr. Dennis Dougan September 15, 2014 Fourth Amendment Summary Team C will define and explain the common law background of the Fourth Amendment. This paper will break down the basic terminology of the Fourth Amendment in which protects persons, house, paper and effects. From unreasonable search and seizures. Search warrant on a Person A search warrant gives the law enforcement officers permission to search for certain evidence in a specific place. Without a search warrant, police officers may not search a place without its owner’s consent or if the evidence is in plain view. It is supported by the Fourth Amendment “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Law. Cornell 2012)”. A search warrant is granted by courts where a judge needs to sign of it if he or she thinks the warrant is necessary. The officers must have probable cause when trying to obtain a warrant. When officers put in for a warrant, judges may issue the search warrant. To obtain a warrant, an officer must show that the search is justified and should have sworn statements that support their...
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...Competition Law Summaries Chapter 17- Article 102 TFEU- Exclusionary abuses- Non-pricing practices 1. Introduction In this chapter will be cover the extent to which the unilateral acts of dominant firms might infringe Art. 102 TFEU, especially non-pricing practices. This article has been applied to exploitative abuses, to exclusionary practices and to actions that partition the internal market; that the dominant position, the abuse and the effects of the abuse may arise on different markets; that a distinction should be drawn between horizontal and vertical foreclosure of the market; and that some limited defenses based on objective justification and/or economic efficiency are available to dominant undertakings accused of abusing a dominant position. 2. Exclusive Dealing Agreements Definition: It’s an arrangement on the understanding that no other distributor will be choosed or receive supplies in a specific area. This dealings are capable of infringing Art.102. The cases are predominantly concerned with exclusive purchasing obligations. In the case of 102 it is the dominant firm that infringes the competition rules, since 102 applies to a dominant firm’s unilateral act, so that the dominant firm can be fined and sued for damages, as well as being unable to enforce the offending provisions in the agreement. The exclusive purchasing agreements occurred when a customer is required to purchase all or most of particular type of goods or services only from...
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...Citation. 467 U.S. 431, 104 S. Ct. 2501, 81 L. Ed. 2d 377 (1984) Parties: NIX, WARDEN OF THE IOWA STATE PENITENTIARY v. WILLIAMS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Brief Fact Summary. Williams was arrested for the murder of a 10 year old girl whose body he disposed of along a gravel road. State law enforcement officials engaged in a search for the child’s body. During the search, in response to an officer’s appeal for assistance, Williams made statements to the police (without an attorney present) which helped lead them to the body. Williams was only read his Miranda rights after he was arrested. Synopsis of Rule of Law. This case introduces the inevitable discovery doctrine, which postulates that if evidence will be inevitably discovered, the method in which it is obtained is not important. Facts. Defendant, Williams was arrested and read his rights for the murder of a child after he led law enforcement officials to the body of the child by making statements, in passing, to officials who were conducting the search. While the statements Williams made were not allowed as evidence against him at trial, the body of the child, as well as photographic and medical and chemical test information was admitted. At trial of the matter, the court concluded that, even if Williams had not made the statements to police, the body of the child would have been found within a reasonable time, and that evidence could still be used. Issue. Whether...
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...Anti-Trust Laws and the Consumer Anti-trust laws protect the consumer from unfair and deceptive trade practices. These laws were created to protect business owners, consumers and economic efficiency. In an open and free market, businesses must provide quality products and services to consumers as well as truthful representation of their goods and services. Misrepresentation results in inferior products and artificially inflated prices for the consumer and is at times accomplished through unlawful collusion between competitors. A fair and open market where businesses compete in a non-monopolistic environment brings economic efficiency as businesses are encouraged to find more efficient methods of production stay in the market. Inefficient firms that fail to understand consumer needs, eventually lose in the market. If open market competition was nonexistent, cartels and monopolies would be free to distort the allocation of society’s resources for economic profit in the long run. This would result in economic loss to consumers as well as competitive harm to the economy. In the United States, the basic federal antitrust laws are: The Sherman Act of 1890, the Clayton Act (1914) and the Federal Trade Commission Act of 1914. The Sherman Act prohibits the restraint of trade and the creation of monopolies and is an important part of economic legislation in the United States. The Sherman Act prohibits any agreement among competitors to fix prices, rig bids or engage in other...
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...EXPANDING THE FRONTIERS OF ABUSE OF DOMINANCE THE ASTRAZENECA CASE AND ITS IMPLICATIONS FOR SOUTH AFRICA Neil Mackenzie and Stephen Langbridge1 On 6 December 2012 the European Court of Justice decided the case of AstraZeneca v Commission2. The ECJ upheld the European Commission’s finding of a novel abuse of dominance - by strategic misuse of regulatory procedures, AstraZeneca impeded the entry by marketers of generic pharmaceutical products into various European markets. The company was found to have made misleading representations to patent regulatory agencies in order to procure unwarranted extensions to existing patents, and to have strategically withdrawn the market authorisations ordinarily relied upon by generic producers to sell their products. What is novel about this? Abuse of dominance laws are typically applied to what might be described as conduct in the market. What we mean by this is the manner in which the dominant firm provides its goods or services to the market, and engages with its suppliers, customers and competitors. The AstraZeneca case applies abuse of dominance law to ‘non-market’ conduct in this case conduct in the course of engaging with regulatory authorities. This previously unchartered species of anti-competitive behaviour could be described as a ‘regulatory abuse’. This case appears, therefore, to have expanded the frontiers of European abuse of dominance law. Its implications may well be profound for the enforcement activities of competition authorities...
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...Marshall decided to challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...scholarship. For more information about JSTOR, please contact support@jstor.org. . Hong Kong University Press is collaborating with JSTOR to digitize, preserve and extend access to The Sources of Hong Kong Law. http://www.jstor.org This content downloaded from 143.89.105.150 on Sat, 6 Dec 2014 22:30:49 PM All use subject to JSTOR Terms and Conditions The Theory of Stare Decisis GENERAL THEORY Introduction The essential idea behind stare decisis is that a judge is required - thus has no discretion to refuse - to follow certain previous decisions. This obligation arises when a prior case A yields a proposition of law in circumstances which are indistinguishable from those confronting the judge in case B, and by a formal rule the judge in case B stands in an inferior relationship to the court which decided case A. Stare decisis requires three conditions: (1) an earlier case, and thus an element of 'priorness' or 'pastness', (2) factual similarity, and (3) a particular relationship between the decision-making authorities. We should also note that the doctrine looks both backwards and forwards: not only is a judge bound by decisions taken earlier, but his own decision is potentially binding on judges...
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...------------------------------------------------- Midterm Review PT-16 Studyguide 1. ABC approach: A= antecedent, B=behavior, C=consequence * Preventative approaches * Attempts to alter antecedents * Seeks to understand the purpose of function of the behavior * Behavior is presumed to have some reinforcing function 2. Acquired disorders: due to an injury. 3. Akathesia: A syndrome characterized by an inability to remain seated, with motor restlessness and a feeling of muscular quivering; may appear as a side effect of antipsychotic and neuroleptic medication. 4. Asymmetric tonic neck reflex (ATNR): A primitive reflex, also called fencer’s response, found in infants, usually is no longer evident by 3 months of age. When neck is turned in one direction, the arm shoots out on the same side and flexes on the opposite side; similar changes occur in the legs. 5. Athetoid diplegia: A form of cerebral palsy primarily seen where there is no muscle control in which the legs are more affected than the arms. 6. Athetoid hemiplegia: A form of cerebral palsy which is a form of dyskinetic cerebral palsy associated with athetosis (constant random, writhing involuntary movements of the limbs. One side of the body is more affected than the other; usually, the arm is more affected than the leg. Because the motor neurons that control one side of the body are located in the opposite cerebral cortex, a right-side hemiplegia implies damage to or dysfunction of...
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...one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical. 5. One of the important powers of courts in the United States is to interpret legislation. 6. It is the function of the jury to decide the facts that are in dispute in a case. 7. It is unconstitutional to conduct a trial with a jury of fewer than 12 jurors. 8. For diversity of citizenship jurisdiction, each plaintiff must have suffered over $100,000 in damages. 9. Sam Sophomore is suing the school board of Small Town, Iowa for suspending him because he held up a sign at a pep rally denouncing war. He claims that his First Amendment right of free speech was violated. He may file suit in federal district court in Iowa, even though he and the defendant school board members are citizens of Iowa. 10. A person who violates a decree from a court of equity can be jailed for contempt of court. 11. Each state must have at least 2 federal district courts, one to hear federal questions and one to hear diversity cases. 12. A plaintiff must have minimum contacts with a state in order to file suit there. 13. A major purpose of discovery is to encourage the parties to settle the case without going to trial....
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...Chapter One: The Legal Environment 1. Business activities and the legal environment 2. Sources of American law 1) Primary sources of law * Constitutional law (The U.S. Constitution, state constitutions) * Statutory law ( federal statutes, state statutes, ordinances; uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable remedies) * Plaintiffs, defendant * Action at law, action in equity * Merging * Equitable principles and maxims 3) Schools of legal though Jurisprudence * The natural law school * Legal positivism * The historical school * Legal realism, sociological school 4. Classifications of law 1) Substantive law & Procedural law 2) Civil law & Criminal law 3) National law & International law Chapter Two: Constitutional Law 1. The constitutional powers of government 1) Federal form of government: national government and the states share sovereign power. 2) Separation of powers: a system of checks and balances * Legislative...
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...domestic * Public v private * Substantive (rights and duties under the law) v procedural (rules of evidence and conduct) * Common (parliament and courts) v civil (legal code) * Civil actions v criminal actions Origins of Australian Law: * 1865 Colonial Laws Validity Act NSW (AUS) can pass own laws as long as they don’t conflict with England laws * 1901 Federation 6 separate states become 1 Government * 1931 Statute of Westminster legislative independence. * 1986 Australia Act Final court of appeal became the High Court The Westminster System: * A constitutional monarchy * Separation of powers 1) The Parliament Legislative 2) The Executive Government 3) The Judiciary interprets the law Making a law: 1. Draftsman drafts a Bill 2. 1st, 2nd, 3rd reading in HOR 3. 1st, 2nd, 3rd reading in Senate 4. Governor General consent 5. Bill becomes an Act and become law The Judiciary: Rule of law a means of maintaining the balance between personal freedom and legislative power in a modern democracy. Role of the courts: Impose a legally binding decision on the parties to the dispute. Features of the court hierarchy: * Provides a system of appeals * Allows different forms of hearing * Instrumental in building up precedent Courts jurisdiction: 1. Original jurisdiction authority to hear case 2. Appellate jurisdiction authority to hear appeals from decisions of a lower or equal level...
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...Antitrust law is the law of competition, and it is perhaps the least understood law of all. This article provides an overview and explanation of the essential principals of antitrust law, along with comments on certain recurring themes and recent developments in the voluminous case law by which the courts have struggled to give meaning and practical effect to the principal antitrust statutes. What Is Antitrust Law? Broadly speaking, antitrust laws seek to promote fair competition on the merits and to protect consumers and wronged competitor businesses from anti-competitive business practices — practices undertaken in effort to undermine competitive commercial behavior in a given market or line of commerce. The antitrust laws therefore forbid the wrongful acquisition or preservation of monopoly power, the abuse of monopoly power in order to establish a new monopoly, and concerted restraints of trade (i.e., business practices undertaken by two or more firms that improperly stifle or suppress “competition on the merits” in a given market). They also govern proposed mergers and acquisitions that are sufficiently large to constitute a threat to competition, and they address commercial practices that pose an arguable danger to competition on the merits in a properly defined antitrust market. The Principal Antitrust Offenses. Antitrust law is the law of competition. It is concerned with wrongs committed against competition on the merits in a given line of commerce or market. It is...
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...Creating Competition in the Market for Operating Systems: A Structural Remedy for Microsoft Thomas M. Lenard, Ph.D. Vice President for Research The Progress & Freedom Foundation January 2000 ©Copyright 2000, The Progress & Freedom Foundation. All rights reserved. TABLE OF CONTENTS EXECUTIVE SUMMARY iii I. INTRODUCTION 1 II. MICROSOFT’S OPERATING SYSTEM MONOPOLY 3 III. NEW MARKET DEVELOPMENTS 5 A. America Online/Netscape Merger 5 B. America Online/ Time Warner Merger 6 C. Linux 6 D. Information Appliances 6 E. Web-Based Computing 7 IV. ANTICOMPETITIVE ACTS: THE NETSCAPE BROWSER 8 A. Market Division Proposal 9 B. Exclusive Arrangements with Original Equipment Manufacturers (OEMs) 9 C. Exclusive Arrangements with Internet Access Providers (IAPs) 10 V. OTHER ANTICOMPETITIVE ACTS 12 A. Java 12 B. Intel 12 C. IBM 13 VI. HARM TO CONSUMERS 14 VII. ALTERNATIVE REMEDIES 16 A. Conduct Remedies 16 B. Structural Remedies 17 1. Functional Divestiture 18 2. Full Division Remedy 19 3. One-Time Licensing Auction 21 VIII. The Hybrid Structural Remedy 22 A. The Minimum Scope of the Windows Company 23 B. The Applications Company 24 C. Addition of Products into the Windows Companies 25 D. Other Operational Issues 26 1. Shareholders 26 2. Intellectual Property 27 3. Employees 27 4. Contracts 28 ...
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...------------------------------------------------- Price Signalling and Competition – Research Essay An evaluation of the law should be conducted in light of a specific objective. This way, one can make a valid determination regarding the effectiveness of the laws in question and their operation with respect to their intended purpose. The objective of the Competition and Consumer Act 2010 (Cth) (CCA) is to enhance the welfare of Australians by promoting competition and fair-trading, and to provide protection to Australian consumers. The relevant laws in place should therefore reflect the aims of this objective. It has been proposed that government action to prohibit anti-competitive price signalling and information exchange between competitors advances the objective of the CCA by strengthening its safe guards against anti-competitive conduct, recognising that competitive markets enhance the welfare of Australians. Several commentators from the business and legal community however challenged this suggestion. They argue that amendments to this end would be futile as such conduct is already regulated by the existing provisions in the CCA. Others have even argued that such regulation has the potential to impede to legitimate and pro-competitive commercial behaviour. Nonetheless, the Australian Consumer and Competition Commission (ACCC) has maintained its position in support of laws that specifically target anti-competitive communication between competitors. Recent public...
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...of my essay I have chosen the differences between the US and the EU in the competition policy. First of all I would like to start my paper with the explanation of competition policy: what is it about, why is it necessary, why is it good for us. So what is competition policy? It should guarantee an equal competition between the companies on the market, based on their products and prices and none of them should have any unfair advantage as against the others. Under competition businesses have to offer the best quality products and at the best possible price to gain profit otherwise consumers can and will choose another company. There is a big pressure on the businesses and they often try to make their position safer with the bypassing of rules. With competition policy they try to avoid this anti-competitive behavior and to ensure perfect competition. The instruments which are used to avoid competition: -agreements between companies that restrict competition (for example cartels) -misuse of a dominant position (squeezing competitors out of market) -mergers -liberalisation of state-run monopolies -financial support for companies. These are the most important ones that the authority has to pay attention to. Why is it necessary and good? From the business side it is positive because they are motivated to be more efficient and more enterprising. From a consumer point of view we can chose from a wider range of products, which have better quality and we can get them at lower...
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