...these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman conquest, the king’s courts sought to establish a uniform set of rules for the entire country. What evolved in these courts was the common law—a body of general legal principles that applied throughout the entire English realm. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. 3A Precedent Judges attempt to be consistent, and when possible, they base their decisions on the principles suggested by earlier cases. They seek to decide similar cases in a similar way and consider new cases with care, because they know that their conflicting decisions make new law. Each interpretation becomes part of the law on the subject and serves as a legal precedent—a decision that furnishes an example or authority for deciding subsequent cases involving similar legal principles or facts. A court will depart from the rule of a precedent when it decides that the rule should no longer be followed. If a court decides that a precedent is simply incorrect or that technological or social changes have rendered the precedent...
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...resources, and assess their risks) 8. Maximizing individual freedom (e.g., the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution) What is Law? Definition A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. Qualities of Good Law What qualities make for good law? Fairness Flexibility As time changes, our values and our thought of fairness changes so the law has to flexible enough to change with society Brown v. Board of Education (1954) U.S. Supreme Court Brown V. Board of Education (1954) Plessy v. Ferguson (1896) U.S. Supreme Court Separate but Equal $ Caucasian Students $...
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...States legal system and how it became what it is today. Research issue or case/code chosen: Where did our legal system originate from? Discuss the development of the court system; Special Federal Courts, Federal District Courts, Federal Courts of Appeal, United States Supreme Courts, State Courts, Inferior Courts, Courts of Original General Jurisdiction, and Appellate Courts. Explain when each court system was developed, why it was developed, and what each specified section of the court system does. Analysis: Our legal system was installed by the European colonists when they settled in this country. Our legal system based off that of England, France and Spain and ended up closely mimicking that of the England because, the first 13 colonies were primarily English. In the United states we have two main kinds of courts with sub courts within them. We have the Federal Court System and we have the State Court System. The Federal Court System is made up of four different courts; the Special Federal Courts, Federal District Courts, Federal Courts of Appeals and the United States Supreme Court. The Special Federal Courts are limited in its jurisdiction or specialty. Examples of this type of court would be Bankruptcy Court and US Tax Court. Bankruptcy Courts are only concerned with the administration of bankruptcy hearings and US Tax Courts are only concerned hearings involving deficiencies or overpayments in income, estate, and gift taxes. The Federal District Courts...
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...Juvenile and Adult Courts: A Comparative Analysis Introduction Juvenile and adult courts have different language barriers that separate the two. Juvenile courts tend to use words such as detention hearing, petition, and adjudication to make things seem less harsh. Adult courts use words such as bail hearing, complaint or indictment, and the verdict. Adult courts deal with a stricter sentencing than juvenile courts do. Juvenile courts take the approach of a more controlled approach. Adults are taught to live a healthy and productive life, unlike minors. Juveniles have been reinstated so that they can be released back into society with a fresh start. The languages for juvenile courts are different than that of adult courts. Here are the different languages that separate juvenile courts from adult courts: Adult Courts • Bail Hearing • Trial • Complaint or Indictment • Defendant • Verdict • Guilty Juvenile Courts • Detention hearing • Fact-Finding Hearing • Petition • Respondent • Adjudication • Delinquent or Involved In juvenile courts they don't get a jury; instead the judge is the only person who determines if a minor has broken the law and what his or her punishment will be. The courtroom is closed to the media as well as to the general public. Juveniles are more prone to probation for longer times than adults. (#2)A juvenile's conditions of them being on probation tend to be obnoxious, including having a curfew, getting adequate grades...
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...The Analysis of Law and Courts in Today’s Business Environment Tabitha Merkow ETH 321 10/13/2014 Laurie Wicker The Analysis of Law and Courts in Today’s Business Environment In today’s business environment there is no exact definition of law. Law is a set of rules, standards and principles that outlines the behavior we practice in business. The legal system is a major institution that assists us in defining acceptable social behavior. Laws limit the activities that are not in the best interest of the public. All people have different values and desire different things in life laws act as a way to dispute resolution. Laws play a role in maintaining honesty and integrity in a social environment. The legal system is a tool used to implement changes in acceptable behavior. Laws and courts have many purposes in today’s business environment for example consumer protection, employee protection, environmental protection, and taxation. The laws government enacts are a way to enforce rules. The government’s role in business is to protect consumers from bad business practices by enforcing rules, regulations and laws that the businesses have to go by if they want to practice business. The government is also responsible for protecting the employees that work for these businesses by making sure they provide a safe work environment and that they are protected against discrimination. The environment has to be protected from...
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...The goals and objectives of the federal, state, and local law enforcement agencies differ in what they can each handle. As a whole, they have the objective to protect and serve the public, but separately, each branch, federal, state, and local handles their own sections of the government services. For example, the federal law enforcement agencies have goals and objectives that involves the protecting of our border, making sure that we are enforcing customs regulations, as well as upholding immigration laws. The state law enforcement goals and objectives are lie with highway patrol, investigations, and emergencies that extend beyond the control and power of local law enforcement agencies (2008, Matrix Group). Whereas, the local law enforcement agencies, their goals and objectives lie in municipal, county, tribal and regional police. The biggest challenges that federal, state and local law enforcement agencies face is following the correct procedure. Procedural Criminal Law are specific rules and laws that govern how criminal laws administered. It sets forth a standard in how situations are to be handled from the investigation stage of a crime, down to the arrest, trial, and the sentencing of the defendant. Due Process also falls under this category, as this is a process that must be followed before a person can be legally deprived of their life, liberty, or property. Due process is a characteristic of law that requires the state and its officers to respect any and all rights...
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...SaRoya Morrison Christopher Klatt Political Analysis Government Structure Executive The Mexican presidency is the paramount institution of the entire Mexican political system. The presidency has been labeled as the “six year monarchy” because of the unchecked power that has stayed in office. Much of the presidential power derives from the president’s direct and unchallenged control over both the state apparatus and the ruling political party, the PRI. Presidents are directly elected by a simple majority of registered voters in the thirty-one states and the Federal District. Like in the United States, Mexico holds the titles of Chief of State, Head of Government, and Commander in Chief of the armed forces. The presidential candidates must be at least thirty-five years of age on Election Day and must be Mexican citizens by birth including the offspring. This clause was amended in 1994 to make the children of naturalized citizens eligible for the presidency. Effective in the year of 1999, In order to become eligible for the presidency, a candidate must reside legally in Mexico during the year prior to the election. The candidate cannot have held a cabinet post or a governorship, nor have been on active military duty during the six months prior to the election. Priests and ministers of religious denominations are barred from holding public office also. Legislative The legislative branch of the Mexican government consists of a bicameral congress...
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...of the legal system, the importance of our Constitution, and an analysis of the court system. The readings in this area cover the concepts that define law and the thoughts that help shape jurisprudence along with its history. The Federal Court, Supreme Court, and the jurisdiction of the courts are also covered. Constitutional law is covered from the perspective of business. This week also provides an introduction to the various forms of business. Small businesses, entrepreneurs, and general partnerships are explored. You discuss how a corporation is formed and how it can be financed. Finally, you study limited liability companies and limited partnerships, as well as franchises and special forms of business. This week further introduces you to the concept of alternative dispute resolution as a method for resolving disputes outside traditional litigation. After first looking at the litigation process, you are then introduced to arbitration, negotiation, mediation, conciliation, minitrial, fact-finding, and the use of a judicial referee. The Legal System and the Legal Forms of Business OBJECTIVE: Explain the major components of the legal system. Resources: Ch. 1, 2, & 4 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 1: Legal Heritage and the Information Age o Introduction to Legal Heritage and the Information Age o What Is Law? • Landmark U.S. Supreme Court Case Brown v...
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...Running head: FEDERAL DEFENSE OF MARRIAGE ACT (DOMA) ANALYSIS Federal Defense of Marriage Act (DOMA) Analysis Ashanti Craine Northwestern State University Analysis of Contemporary Social Policy Issues SOWK 4350 Professor Sepora Fisher, LCSW April 29, 2013 Abstract The Law plays a prominent role in the everyday life of same-sex couples, continuing regulations and constant policing of sexuality and gender form around every aspect of same-sex couple and their marriage. Defense of Marriage Act (DOMA) a federal law designed to uphold the traditional meaning of marriage which is described as a union between one man and one woman by not recognizing same-sex marriage and taking the option away from the states to make their own decision. DOMA has become a leading problem not just for the same-sex couples who are denied the rights and privileges in which opposite-sex couples are afforded under the federal law, but DOMA has also been called into question for its constitutionality and whether it not only goes against equal protection for American citizens but also legally discriminates against a group strictly based off their gender and sexuality. Federal Defense of Marriage Act (DOMA) Analysis Problems that Necessitate the Policy: Section 2 of DOMA says “no State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting...
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...Hofmeister University Of Phoenix BUS 415 David Cory June 9, 2009 Role of the United States Constitution Paper The Constitution of the United States and their legal system has impacted the guidance and operation of all types of businesses. For example, if an individual breaks the law, he or she maybe ordered to pay a fine and in some cases be imprisoned. The same thing happens if a business breaks the law. The only difference between an individual breaking the law and a business breaking the law is the company can also be taken over by the federal government for tax evasion and even be closed down. The company has the responsibility to hire legalized employess to be able to work for the. According to (Justia, 2005), “The United States Constitution and the United States legal system play a significant role in business regulation. The laws under these elements provide successful operations of business and society. They provide a standards and expectations while giving us a guideline for our business conduct and a means for settling disputes within corporations. In addition it enhances free competition and personal freedom. Without these laws that govern businesses and people, society would not function efficiently and commerce would likely disintegrate. Although the laws appear to be simple, the United States Legal system is incredibly intricate. The laws are a collection of different types. It can include common law, treaties, ordinances, statutes and executive orders. Common law...
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...V SEMESTER B.A.LL.B.(HONS.) COURSE ARTICLE SUBMISSION A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development For the academic year 2014-15 Prepared & Submitted by: Submitted To : Bharat Singh (12BAL112) Ms. Alinkrita Tripathi Acknowledgment This study is the culmination of the efforts of a number of individuals and organizations. I gratefully acknowledge the support and inspiration of which helped me to accomplish this project. I gratefully acknowledge all the sources from which this report has been enriched. Though I have taken all efforts to make the report flawless, I take responsibility for any mistake appearing inadvertently. DECLARATION I hereby declare that the project work entitled “A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development” submitted to the Institute of Law Nirma University, is a record of an original work done by me under the guidance of Ms. Alinkrita Tripathi who is the Assistant Professor in ILNU. The results embodied in this thesis have not been submitted to any other University or Institute for the any award or degree. A Critical Analysis of Evolution of Cooperative Federalism and Obstacles Ahead for Its Development India is the largest democracy which is reason of pride for every Indian. Democracy always reflects view of majority, so now question arises what about those people who are in minority or culturally diverse but still they are...
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...it. In the case of a veto, the bill is sent back to Congress, and if both houses pass it by a two-thirds majority, the bill becomes law over the President's veto. b. Describe the legislative process utilized today, above and beyond the Constitutional requirements. The general process for making a bill into law is described in the Constitution. First, a bill needs to be drafted. You do not need to be a member of congress to draft a bill. For example lobbyists and other congressional staff can draft a bill, but only a member of congress can introduce legislation. Bills then get referred to standing committees. Once referred, the bill gets on the committee’s calendar for review by a subcommittee or by the full committee After staff analysis and hearings, if the committee chooses, the bill then goes to “mark up”, which is a process in which subcommittees edit or amend the bill. Even after this process the bill may die there. If the bill survives, the committee votes to recommend the bill to the House or Senate. This...
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...Role and Function of Law University of Phoenix ETH/321 Role and Function of Law Laws are normally a structure of rules that are imposed through social institutions with the attempt of governing the behaviors of individuals, companies or states. They are developed by the executive (through regulations and decrees), legislatures through legislation or by judges through binding precedents. On the other hand, a court is tribunal that has the mandate of passing legal judgments between various disputing parties, and ensuring the administration of justice in criminal, administrative and civil issues in accordance with the rule of law. Both laws and courts have vital roles all other sectors of given nation including political and economic sectors. This paper compares the roles of laws and the courts in the contemporary business environments, the similarities and differences of federal and Michigan’s state court structure, an analysis of judicial review concept and how laws affect the auto industry. Roles of laws and courts in the contemporary business environments Laws enhance economic growth by allowing free competition among businesses that exists in a given state. These provisions of free competition sensitize businesses adopt necessary competing strategies such as producing high-quality products or services. The law protects businesses from unfair competition through inspecting the quality of most produced products, and regulating their market prices. Laws also define ways...
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...The Aspects of Right to Council Donna Chupurdia CJA/364 July 16, 2012 John Hullar The Aspects of Right to Council The Sixth Amendment was ratified on December 15th, 1791, guarantees the accused the right to council in federal cases (Adams, 2012). The Fourteenth Amendment extends the right to council in all state and federal cases. The role of an attorney is to represent to the best of their ability and defend the rights of their client. Defense attorneys are sworn to defend the accused regardless of their presumed guilt or innocence (Mathewson, 2009). Prosecuting attorneys must bring forth the evidence and present it to a jury of their peers (Mathewson, 2009). A prosecuting attorney must prove their case; the defense attorney must try to dis-prove what the evidence and the prosecuting attorney bring out in court. The majority of cases get pled out because the courts in America are bogged down with too many cases. Additionally, a defense attorney’s case load is usually quite full and especially if they work for the state they reside in, which would make them public defenders. Public defenders are paid by each state as well as district attorneys and prosecutors, but their functions, and responsibilities are much different. The district attorney and the public defender may seem as though they are in ‘cahoots’, but they are not; in fact that are adversaries. They may have a good work relationship and especially if they are in the same courtroom working together for months...
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...The Legal System and ADR Analysis Xxxxxxxx Xxxxxxxx LAW/531 January 1, 2015 D The Legal System and ADR Analysis This report is prepared for John Smith the president of American Federal Mortgage, Ltd. It summarizes a lawsuit filed against American Federal Mortgage, Ltd. by Federal Resources, LLC. The two firms have been engaged in an ongoing business relationship for seven years. This report reviews: 1. How this case would be processed throughout the various legal phases of the Nevada court system. 2. How this case could be resolved using an Alternative Dispute Resolution (ADR). 3. A comparison of costs and benefits between the court system and using ADR. Parties American Federal Mortgage, LTD (AFM) a Nevada corporation. AFM is the defendant in this lawsuit. Federal Resources, LLC (FR) a Nevada Limited Liability Company. FR is the plaintiff in the lawsuit. History AFM has had an ongoing relationship with FR for seven years. The relationship is twofold: 1. FR is the overnight Repo lender for AFM. FR loans AFM up to a maximum of 90% of AFM’s daily note receivables that have not been pledged with AFM’s line-bank. The average amount of these daily transactions is between $800 thousand and $1 million. This Repo relationship is governed by a master-contract that was drafted by FR. 2. FR is the beneficiary of three long-term promissory notes from AFM. These notes had an original face value of $600 thousand and have a current principal balance of approximately...
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