...Throughout this paper, I will address the ways Louisiana laws are different from her brother’s states. Louisiana laws follow the precise action under civil and common law through jurisprudence. The topic of jurisprudence rests at the interconnection of law and politics, the hands-on and the logical reasoning. One has to have the understanding the theoretical groundworks of law; jurisprudence can enlighten us to the place of the rightful structures on the law within larger logical frameworks. Louisiana has some of the toughest laws when it comes to felony conviction. Introduction This may seem somewhat objective, but did you know that the laws of Louisiana are different...
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...Paper Due Feb. 26 – CJ2241 Marion Currie CASE BRIEF GUIDELINES The case briefs, with appropriate case number/year the following: Case 1: Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938) 1. FACTS: 3-9 sentences summarizing the important facts. 2. ISSUE: Does the Sixth Amendment require a mandatory appointment of an attorney in all federal criminal cases? 3. HOLDING: The Sixth Amendment constitutionally allows someone who is charged with a federal crime to have assistance of counsel. 4. REASONING: (The most difficult part of the brief.) Explain why the court held or decided the way it did. It should be approximately 10+ sentences. 5. CASE SIGNIFICANCE: 5+ sentences which will include the impact on law enforcement...
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...Skinner v. State of Oklahoma, In relation of Williamson, 316 U.S. 535 (1942), was the United States Supreme Court ruling that held that laws permitting the compulsory sterilization of criminals are unconstitutional if the sterilization law treats similar crimes differently. The relevant Oklahoma law applied to "habitual criminals," but the law excluded white-collar crimes from carrying sterilization penalties. The Court held that treating similar crimes differently violated the Equal Protection Clause of the 14th Amendment to the United States Constitution. The clause took effect in 1868, it simply states that no state can deny to any person within its jurisdiction “the equal protection of the laws”, which guaranteed that all people would have rights equal to those of all citizens. Basically that all citizens would be treated equally in all aspects, that it was their right as an American....
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...First Amendment Tiffany Berardino, Alanna Cherry, Charlie Ford Paul Patton, Gwyneth Navitsky Law/421 Contemporary Business Law November 10, 2013 Boni Cherelle Introduction On December 15, 1791, the First Amendment Rights were set forth to protect the citizens of the United States and be governing by the Bills of Rights. As time passed and the U.S. changed the First Amendment, it became more of a pillar for free speech, free press and the right to peacefully assemble. The First Amendment, at its early stage, was only applied by laws by Congress but now it has been directed in the process of incorporating a clause through the Fourteenth Amendment – due process. The First Amendment protects as well as gives an understanding of what society can and cannot do as citizens of the United States. First Amendment/Defamation As a team, we are in agreement that the First Amendment protects defamation to an extent. For example, consider the media who report on current events all over the world. Journalists are the most accused of defamation due to the topics which are discussed. This in turn creates a stage that is known to the world as “correct reporting”. Freedom of speech, as characterized in the First Amendment, allows individuals the freedom to say what they want so long as it does not create falsehoods and defames the character of any one individual. First Amendment/Censorship Although the First Amendment gives people or companies the freedom of speech and press,...
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...We are not all perfect, but we are capable of combating the evil in this world. These injustices and justices come in many forms represented in the real and the fictional world. Laws, honesty, and freedom are all principles of a just society, and the Extraordinary Adventures of Alfred Kropp shows this. To begin, we would be nothing without the rules and laws placed in our lives. They might seem excessive or ridiculous, but they keep society from running rampant. On page 82 it states, ”If we do not find him before the sword passes into the hands of evil men, the world will plunge into an age of unimaginable cruelty and terror.” The sword, at the fingertips of those who wish for good things in life, will maintain an orderly nation. If put into...
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...Hiding a Disability Craig Kendzie ETH/316 January 14, 2014 Tammy Matthews Hiding a Disability Many people did not know that our former President Franklin D Roosevelt was paralyzed from the waist down. They believed if the public was aware of this that they would not have voted for him due to this shortcoming. He would wear very long pants and his braces were painted black to help disguise his disability. He would also address the public while seated in his automobile. President Roosevelt physical impairment in no way affected his performance in representing this county. It is a shame that society is judgmental and narrow when it deals with the disabled. Watching this short film opens your eyes on how we may or may not be The issues of this film are important because they address things that are still around today. They may have improved but, deep down people still have these beliefs and thoughts. There are laws and policies put into place to protect the disabled from being discriminated against. First of all that politics are deceitful. It may have worked to the advantage of the handicapped president, but it was not fair to himself or the public. This has no bearing on how he performed his duties however, it goes to show that trickery has been around for a long time. Another issue this film has shown that having a physical disability can cause prejudice and you may not be afforded the same opportunities as others. The role in external societal pressures have in influencing...
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...Babatunde White Torts Case Briefs Yania v Bigan 397 Pa. 316 Parties: Plaintiff - Yania (decedent's widow) Defendant – Procedural History: Trial court dismissed the case; plaintiff appeals. Cause of action: Negligence Facts: Bigan engaged in a coal mining operation, and had trenches on his property for this purpose. The trenches were 16-18 feet in height, and contained water of 8-10 feet (water pump not working to take out the water). Yania went to Bigan's property for purposes of business. During his visit, he was taunted andcajoled by Bigan, which induced Yania to jump in the water and he drowned. Bigan made no physical act that caused Yania to fall in, and Yania to not fall in by mistake, but of his own volition Issue: Was Bigan responsible for Yania jumping in the water due to the mental impact he had on Yania? Is Bigan responsible for not acting to save Yania from drowning? - No, No. Holding: No, Order to dismiss affirmed. Reasoning: Yania was an adult of full mental capacity. Bigan's taunts, etc. arenot the reason Yania drowned. Yania jumped in of his own volition. Yania knew or should have known that jumping into the water was very dangerous, and made the decision to do so himself. Bigan had no legal duty to save Yaniafrom drowning, unless it was caused by his own negligence, which it was decidedabove that it was not. Bigan had no legal duty to rescue. Erie R.R. v. Stewart 40 F.2d 855, 1930 U.S. App Procedural History: Tompkins brought...
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...1) What conditions and events led to the establishment of the labor movement and the subsequent laws establishing environmental and safety standards in the workplace? Child labor, unsafe working conditions, low pay, chemical poisoning, and explosions all contributed to the need for a labor movement. Upton Sinclair’s book, “The Jungle,” made people more aware of the unsafe working conditions and motivated them to bring about change through protests and unions. In the 1980 OSHA video, the narrator keeps mentioning that it was unfortunate that it took tragedies for certain laws and safety standards to be implemented. For example, 316 men died when a mine collapsed, afterward, the Bureau of Mines was created and safety feature was set in place to prevent similar accidents....
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...Md. Musa Shifullah Professor Porter Introduction to legal process Course code-126 Mandatory Response paper (two) about the Supreme Court case decision for Gideon v. Wainwright The plaintiff Gideon been accused by the State Court of Florida for committing felony. The hearings commenced, and Gideon requested for a defense lawyer to be appointed by the State of Florida, on account of the law that he has the right to get state-appointed counsel as he is indigent. However, this request had been declined by the state Court, as they said that indigent defendants have the right to appointed counsels only when they have been accused of a capital offense. It was held that the right to be represented by a counsel was a right fundamental to having a...
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...Wainright, 372 U.S. 335 (1963), involved a defendant (Gideon), who, after being arrested and brought to trial, requested the assistance of counsel in his defense. The trial judge denied his request based upon a Florida statute that restricted appointment of counsel to poor defendants who were charged with capital offenses. Gideon represented himself and the jury found him guilty. Gideon appealed his conviction and filed a writ of habeas corpus alleging a violation of his constitutional rights. The United States Supreme Court granted review in order to decide the question of whether the United States Constitution’s 6th Amendment applied to state court defendants. In its ruling, the Court overturned a previous decision, Betts v. Brady, 316 U.S. 455 (1942), which held that refusing to appoint counsel to defendants charged with felonies in state courts did not necessarily violate the 14th Amendment’s due process clause unless other circumstances were present. Justice Black’s opinion, which was unanimous, held that state court defendants were entitled to assistance of counsel. This decision, together with the opinion in In re: Gault, 387 U.S. 1 (1967), extended the right to counsel to juvenile defendants. In Kent v. United States, 383 U.S. 541 (1966), Kent was a 16-year old defendant on probation for burglary who was arrested and charged with eight felonies, including burglary, robbery and rape. Kent’s attorney hoped to keep Kent from appearing in adult court and requested...
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...Name: Tutor Course: Date: Why Marijuana should be legalized Introduction Various governments have made numerous drugs illegal while others remain legal. Such drugs include cocaine, heroin, methane, marijuana, alcohol, bath salts or synthetic cathinone, hallucinogens, methamphetamine and many others. However, some are legal to use; the use of others are limited while others are illegal. For instance, alcohol is legal in most countries while its use is limited in others in terms of time one can use them and in terms of amounts that one can consume. Nonetheless, most of these drugs are illegal including cocaine, heroin, marijuana and many others. However, even though some drugs are termed as harmful, they should receive some considerations to legalize them due to numerous reasons. Particularly, marijuana should be legalized. Marijuana refers to the dried flowers, leaves, seeds and stems from the hemp plant. Scientifically referred to as Cannabis sativa, that contains the mind-altering (psychoactive) chemical, delta-9-tetrahydrocannabinol (THC), alongside other associated compounds. Commonly, it is utilized for its physiological and psychoactive effects that can elevate euphoria or mood, appetite, and relaxation. Discussion Over the past few decades, they have been serious discussion on whether to legalize marijuana or not. Many know the reasons as to why marijuana should not be legalized. Some of the reasons put forward for not legalizing marijuana are that it harmful to...
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...think? Can we protest to your government if we disapprove of its policies? Can the government search and seize our property? Can we be arrested and held without trial? Can the government treat us differently than it treats other people? Every country is based on some kind of law. Some of those are arbitrary powers, however over the years the only rule that seems to dictate the terms is the rule of law. As a citizen, we must know our constitutional rights in order to assert them. One of the basic principles of the any constitution is the rule of law.Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people, to bring a balance in society, a harmony between the conflicting forces in society. One of the prime objects of making constitution is to maintain law and order in society, a peaceful environment for the progress of the people. 2.0 Sovereignty of the people: Today, most modern states have followed written and fixed constitutions. A constitution presupposes the universe of a constituent power, as distinguished from other constituted powers, created by the constitution itself. Constitution is the highest law in the state; constituent power invests in those entitled to sovereignty. Jean Bodin defined sovereignty as the ‘absolute and perpetual power of a commonwealth’. He thought that the power of the state had to be embodied in the prince or other appointed leader and had to be single...
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...Institutional Affiliation: Date: In the current century, it is evident that numerous changes have been observed in the law firm business. The traditional law firm practice model has as a result been passed by time and firms or any person attempting this model have always found themselves struggling in this dynamic market. The traditional law practice has also been marked by constant consternation as the law firm does not produce good results. The incorporation of the new law firm practice model is evidenced by the rising number of law firms over the years. This means that to start a firm in the 21st century, then you definitely have to use the business models applicable in the current century and not the ones that were used in the 19th century. With these, it follows that successful lawyers are those who have changed their modus operandi and embraced the latest legal practices, something that my friends and I would use to establish a successful law firm. The turning point in the establishment of the modern law practices came about as a result of the high court decision by the U.S Supreme Court (Bates & O'steen V. State Bar of Arizona, 1977) in (Munneke, 2012, p. 4). It is worthwhile noting that the success in the Law firm requires a proper identification of a legal niche to practice in. According to Munneke (2012), the competition that the law practice faces from other professionals necessitates the careful niche selection to make a firm successful (Munneke, 2012, pp...
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...LEADING TO THE CASE 6 STATEMENT OF ISSUES 7 ISSUE 1 7 SUMMARY OF PLEADINGS 8 PLEADINGS 8 PRAYER FOR RELIEF 16 ABBREVIATIONS 1. & - And 2. AC - Appeal Cases 3. AIR - All India Reporter 4. All. E.R. - All England Law Reports 5. Anr. - Another 6. App. - Appeal 7. Art. - Article 8. Bom. - Bombay 9. Co. - Company 10. Cr. - Criminal 11. DC - District Court 12. Ed. - Edition 13. Hrs - Hours 14. IT - Information Technology 15. Ltd. - Limited 16. NLJ - National Law Journal 17. Ors. - Others 18. P. - Page 19. Para. - Paragraph 20. Pvt. - Private 21. SC - Supreme Court 22. SCC - Supreme Court Cases 23. SCR - Supreme Court Reporter 24. SCR - Supreme Court Reporter 25. Sec. - Section 26. V. - Verses 27. Vol. - Volume 28. WLR - Weekly Law Reports Index Of Authorities STATUTES 1. Information Technology Act, 2000 2. The Constitution of India WEBSITES 1. www.manupatra.com 2. www.Indiankanoon.com BOOKS 1. Bakshi P.M., The Constitution of India, Universal Law Publishing Co. New Delhi 2011 edition 2. Basu Durga...
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...concepts (new sovereign legal rights) and all CBD parties have committed to adopt legislative and administrative measures to recognise and apply those concepts. Legal remedies are the tools for ensuring that these commitments and their underlying objectives are achieved in practice. The proper relationship between the judiciary and the quasi judicial administrative agency is a topic of continuing controversy in administrative law. One of the most significant and puzzling problems which has arisen in this area is the timing of judicial intervention in the administrative process-at what point and to what extent may the court give relief to a party aggrieved by administrative action. Universally applied, the doctrine of exhaustion of administrative remedies precludes an applicant from challenging the validity of administrative actions prior to seeking relief via prescribed administrative procedures. The law of ‘remedies’ is not usually sectorally specialised. In nearly all countries, “administrative and judicial remedies” are provided in general national law, applicable to all legal issues and structures. A different, though related, problem arises when a party seeks judicial intervention not to challenge the validity of the agency's action, but rather merely to maintain the status quo during the administrative process. Administrative agencies function as entities quite separate from the judiciary-they are essentially an arm of...
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