...Law State Constitution – LAWS 2501 T – Course Paper Topics Each of these three essay topics is intended to enhance your understanding of an aspect of this course. You are to select one topic below and write an essay on the topic- note: unless approved by me in writing papers on other topics will not receive a passing grade. You are expected to research and make sense of the topics independently; I won’t be able to answer “am I on the right track?” types of questions, or to comment on any drafts before your final copy is due on, or before, midnight November 25, 2013. Despite the foregoing, I am available for consultation on your paper, please contact me if you need assistance. Make sure you address the various aspects of the topic necessary to answering the question. You must independently assess how much space to devote to each aspect, depending on the importance it appears to have in the context of the question as a whole. The body of the paper’s text is strictly limited to between 10 and 12 double spaced pages. It is to be written in 12 point font, and include a title page, page numbers, footnotes, bibliography and citations following the Canadian Guide to Uniform Legal Citation (McGill Guide) format.Please note that overdue essays without valid excuse (e.g. death in the family, illness, injury) will be penalized 4% for each calendar beyond the deadline. Any paper more than seven (7) days late will automatically receive a failing grade. Essay Topic #1 On September...
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...June 1, 2014 Discuss one real-life criminal case, taken from current events, and identify the court that took jurisdiction. Explain why the court that took the case was the appropriate one for the particular circumstances. One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into three components: whether there is jurisdiction over the person, whether there is jurisdiction over the subject matter, and whether there is jurisdiction to render the particular judgment sought. Also there are different courts that have jurisdiction depending on the case. State courts have general jurisdiction, meaning that they can hear any controversy except those prohibited by their specific state laws. Federal courts have limited jurisdiction in that they can only hear cases that fall both within the scope defined by the United States Constitution. The criminal case I choose for this is the Boston Marathon bombing case against which Dzhokhar Tsarnaev killed three people and injured more than 260 during the Boston marathon on April 15, 2013 when he detonated a bomb close to the finish line (Valencia, 2014). In regards to jurisdiction and due to the seriousness and nature of the crimes, Dzhokhar Tsarnaev was charged in the federal court system rather than in the Massachusetts state courts. Dzhokhar Tsarnaev was charged with 30 counts including charges of conspiring to use a weapon...
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...300-word response comparing the court system of the state in which you live and the federal court system. If you are not a resident of the United States, choose any state’s court system to compare with the federal court system. Compare these two systems by structure, source of laws, and the types of cases that are heard. I live in the state of Florida in the court system is so different from the federal system. I think that Florida is a strict state when it comes to certain crimes that are committed and the court system gets involved. In Florida the structure of the state court is setup in 20 judicial circuits which there is a state attorney that represents the state in the prosecution of state law violations in either county or circuit courts. In Florida the highest court system which would be the court the Supreme Court for the state is located in Tallahassee and there is also a District Court of Appeals. There is five districts which they are located in Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach. Cases are reviewed by three judge panels. In with the state court you have the option to ask the highest state court to hear the case. When it comes to a case only certain ones are eligible for review by the US Supreme Court. When you compare the state with federal court system it is basically set up for congress that has the power to establish the 13 US courts of appeals, the 94 US District courts, the US courts of claims and etc. So, if...
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...DIFFERENCES BETWEEN THE STATE AND FEDERAL COURT SYSTEMS 2 Differences Between the State and Federal Court Systems Both the state government and federal government have their own separate court systems. They select their judges differently, hear different types of cases, and are structured a bit differently as well. The states use different types of ways to select their judges for their courts. In some states, voters get to vote for their judges during elections. In other states, the governor appoints their judges. Each state indicates the number of years that the judges will serve. In the case for federal judges, they are elected differently. The President of the United States nominates the judges and then the Senate confirms each nomination. Typically, federal judges hold office for lifetime, unless they are impeached. Judges can be impeached for misconduct and have to go through Congressional impeachment proceedings. Different types of cases are heard in state and federal courts. In the state courts, typically, criminal cases, contract cases, family matters, etc. are heard. In the federal courts, cases that are heard are those that involve violation of laws of the United States, public ministers, bankruptcy, disputes between two different states, etc. Depending on each case, the case will be heard upon the state court or the federal courts. This is due to the different laws each state has. For example, Illinois’ laws are different from...
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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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...the U.S Court Systems CJA/490 University of Phoenix When the English were colonizing North America, they brought with them their laws. Being from the British Common Law system, the settlers understood how that system worked, so they modeled their own government using Common Law. In the 18th century, when the Union was formed and the colonies became states, they kept their Common Law governments. However, the Articles of Confederation set forth to establish one supreme court, being the federal court. Article III of the U.S. Constitution states: 'The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.' As a result of the Constitution and the forming of the Federal Court, the powers were divided between the state and central government. There are fifty-one separate systems of courts, one for each state and another for the federal government. Hence the term “dual court system”. The federal court system includes: the U.S. Supreme Court; the U.S. courts of appeal; the U.S. district court; and courts of special jurisdiction. The U.S. Supreme Court, established in 1789, is the highest judicial body and final court of appeal in the United States. Its nine members include one chief justice and eight associate justices who are appointed by the president and confirmed by the Senate. The Supreme Court is responsible...
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...Courts System Paper Curtis Lee Cabil Jr. CJA/204 Russell Yeiser December 16, 2011 Courts System Paper The first bill introduced in the United States Senate was the Judiciary Act of 1789. This act divided the country into 13 different districts which represents the 13 colonies. Essentially, the Judiciary Act of 1789 marked the beginning of the historical development of the nations’ court system. From that, “the original American colonies had their own court system for resolving civil and criminal disputes” (Schmalleger, 2009). This in turn marked the development of the dual courts system. “The dual court system is the distinction of state and federal courts that make up the judicial branch of government” (Hewitt, 2008). Furthermore, this dual system will be the result of many years of gradual development. For the purposes of this discussion, I will examine in detail the historical aspects of our nation’s criminal court system, the dual system of the United States, and take note of the differences between the development and our nations’ dual court system. The Supreme Court first assembled on February 1, 1790. However, the meeting had to be re-scheduled to the next day. This was the time when the justices met in New York at the nation’s capital. This meeting took place at the Merchant’s Exchange Building. Despite this, the first actual meeting was not heard until 1792. During the first meeting the Supreme Court met to figure out how to organize it and determine the powers...
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...Court History and Purpose Leon White CJA/224 January 6, 2015 David Hernandez Court History and purpose The American court system is a vital part of the criminal justice system. Courts are part of the judicial branch and serves as an instrument of social control. A court must have proper legal authority and are entrusted to make decisions that are binding within the adjudication process. The court system has the task of punishing wrongdoers who commit heinous crimes against society. The courts also have the job of determining which behaviors may or may not be acceptable as well as which sanction to hand down and the severity of the sanction as well as settling disputes in civil case. The U.S. operates on a dual-court system, which consist of a federal branch and a state branch. Each branch operates under it own jurisdiction but work towards a common goal. U.S. District Courts The U.S. district courts are described as federal trial courts, and serves as an entry point into the federal judicial system. This is where federal civil cases are decided and where individuals who are charged with violations of federal laws are put on trial. According the Schmelleger “The district courts are the workhorses in the federal system. As we have indicated, they are the trial courts where most disputes are resolved.”(Schmelleger, 2011) As of today there are 94 district courts a majority of federal cases held and resolved at the district level. However, only a small percentage...
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...In the criminal justice field, the two careers I am considering are U.S. marshal and a private detective. I have known most of my life that I wanted to be in a job that contributes to the betterment of society while helping others around me. These two lines of work seem exciting and challenging. As a U.S. marshal, your primary responsibility is the Federal court system. A marshal has to uphold the court system to enable the judicial system in the United States to function. If items are taken from criminals during an arrest, marshals store and maintain those items. Witnesses in Federal cases are given protection by the marshals. And, marshals transport Federal prisoners. They can arrest and investigate Federal fugitives. Also, marshals protect the Federal judiciary, transport Federal prisoners, protect Federal witnesses, and manage assets seized from criminal enterprises. Most of the time, marshals are involved with all other Federal agencies. To become a U.S. marshal, the Department of Justice publishes these requirements: The U.S. Marshals Service uses a 2-phase testing process for Deputy U.S. Marshal positions. Phase-1: passing the written examination, and Phase-2: successfully completing an agency interview followed by a structured interview. In addition, you must meet the following qualifications: You must be a U.S. citizen, be between the ages of 21 and 36, be in excellent physical condition, have a bachelor's degree or three years of qualifying experience, or...
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...LAW/575 Final Exam 1) Which of the following is true regarding state and federal court jurisdiction? A. In all cases, state courts have concurrent jurisdiction with the federal courts. B. Federal courts begin with exclusive jurisdiction until a state court intervenes. C. In all cases, state courts have exclusive jurisdiction unless the state's Supreme Court grants jurisdiction to a federal court in the state. D. In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts. 2) Which of the following is true regarding a sole proprietorship? A. A sole proprietor shares control of the management of the business. B. The sole proprietor keeps a portion of the profits from the business. C. Profits are not taxed as the personal income of the sole proprietor. D. A sole proprietor is personally liable for obligations of the business. 3) Which of the following is a type of ADR? A. Consultation B. Mediation C. Case argument D. Case analysis 4) Which of the following is an extension of negotiation? A. Arbitration B. Minitrials C. Neutral case evaluations D. Mediation 5) Without obtaining advance permission, Annie places an unflattering photograph of the president of the college that she attends on folders that she is selling outside of class for extra money. Which of the following is true? A. Annie has committed defamation of the college president in the form of slander. B. Annie...
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...LSTD207 Midterm Click Link Below To Buy: http://hwaid.com/shop/lstd207-midterm/ The subject matter jurisdiction of federal courts is much more limited than that of state courts. True False Question 2 of 28 Jones hires Mitchell, a lawyer, in Oregon to sue Johnson for breach of contract. He agreed to pay Mitchell $300 for his services. Mitchell did the work, but Jones left the state for California and did not pay Mitchell’s fee. Mitchell sues Jones for his fee in an Oregon state court, and has Jones served with process in Oregon while Jones was visiting there on unrelated business. Jones promptly departed once more for California and has not returned to the state since. Under personal jurisdiction, the Oregon court: A.has personal jurisdiction over Jones B.does not have personal jurisdiction over Jones because he was served while he was there for a purpose unrelated to the fees claim. C.does not have personal jurisdiction over Jones because he is no longer physically present in the state. Question 3 of 28 The minimum contacts test does not apply to corporate defendants. True False Question 4 of 28 Pam was born and grew up in Pennsylvania. She went away to college in Massachusetts (her parents paid her tuition), but she always returned home to work in the summers. During her senior year, her parents moved to Virginia, and she lived there between college and law school. She is now a...
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...The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System Cassandra Jones PA101 Kaplan University Instructor: Emily Ryan The U.S. Court system and Jurisdiction of The Federal Courts, and The State (Ohio) Court System In this paper I will be writing about the organization of the U. S court system. The jurisdiction limits of the federal courts and their requirements for filing in that jurisdiction. I will also talk about the Ohio federal and state court systems and the similarities and differences of how they do their jurisdiction. The U.S court system is made up of two different types of court systems; the federal and state court. The federal court is also made up of two different types of systems as well. The first federal court is Article III court and the second is the Article I court (United State Courts, 2010). The Article III court got their name because as stated by the U.S courts “they derive their power from Article III of the Constitution” (United State Courts, 2010). The Article III courts are as followed the U.S District Court, the U.S Circuit Court of Appeal, and the U.S court of International Trade. These court systems judges are appointed by the President of the U.S with advice and consent of the senate and hold office during good behavior(United States Courts, 2010). There are ninety-four districts in the U.S for the U.S District...
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...in 1979, and received a J.D. He served as a law clerk for Henry J. Friendly of the United States Court of Appeals for the Second Circuit from 1979–1980 and as a law clerk for then-Associate Justice William H. Rehnquist of the Supreme Court of the United States during the 1980 Term. He was Special Assistant to the Attorney General, U.S. Department of Justice from 1981–1982, Associate Counsel to President Ronald Reagan, White House Counsel’s Office from 1982–1986, and Principal Deputy Solicitor General, U.S. Department of Justice from 1989–1993. From 1986–1989 and 1993–2003, he practiced law in Washington, D.C. He was appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003. President George W. Bush nominated him as Chief Justice of the United States, and he took his seat on September 29, 2005. The Chief Justice of the United States represents the head of the United States Federal Court system, which comprised the judicial branch of the federal government of the United States. The Chief Justice of the United States is the chief judge of the Supreme Court of the United States. The Chief Justice is the highest judicial official in the country. He acts as the Chief Administrative Officer for the Federal Courts. He is responsible for appointing the director of the Administrative Office of the United States Courts. The Chief Justice of the Supreme Court serves as the spokesperson of the judicial branch. The duties of the Chief Justice are not an...
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...blood baths, the justice system today relies on a dual court system, the state court and the federal court. These courts decide guilt or innocence and impose sentences on the convicted. There are different levels in the United States court system and they all dispense justice and help ensure that officials in the justice system work within the law when carrying out their duties (Schmalleger, 2011). The dual court system is a result of a general agreement among the nation’s founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control (Schmalleger, 2011). The original American colonies each had its own system for resolving disputes. In 1629, Massachusetts Bay Colony created a General court, a governor, deputy, 18 assistants and 118 elected officials. The laws were made by legislature and the court. As the colonies grew throughout time so did the court system and by 1776 the colonies established a full functioning court system. The state court systems developed by following several models. One was the New York State Field Code of 1848, which clarified jurisdictional claims and specified matters of court procedure (Schmalleger, 2011). The federal Judiciary Act of 1789 and later the federal Reorganization Act of 1801 provided other models for state court systems. The federal model is a three-tiered structure that consists of trial courts of...
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...first part of this paper. Why was Zimmerman charged and tried at the state level, and then face the possibility of Federal charges? Is this not “double jeopardy”? The court that will try a case is decided by jurisdiction, jurisdiction being defined as “(1) the legal authority of a court to hear and decide a certain type of case; (2) the geographic area over which the court has authority to decide cases “ (Definitions, n.d.). Also we must clarify state and federal jurisdiction. Federal court jurisdiction is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear cases in which the United States is a party and cases involving violations of the U.S. Constitution or federal laws. There are others, but those are the ones relevant to this paper. State courts have much broader jurisdiction, they preside over cases most individual citizens would be involved in and most criminal cases involve violations of state law and are thus tried in state court. Being as Zimmerman was charged with second degree murder, he was tried in a state court. Zimmerman was found not guilty by the jury, so case closed, correct? U.S. Attorney General Holder stated that after the trial that the Federal Government would investigate the possibility of charging Zimmerman with a civil rights violation, or the Federal “hate crime” law. The two statutes that he could be charges with are 18 U.S.C 245 and 18 U.S.C. 249. Section 249...
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