...Law Opinion Paper Introduction to Criminal Court System CJS/220 Instructor: XXXXXXXX Law Opinion Paper: The relationship between the common law and the legislature. The American common law system had originally been mirrored from medieval England, when criminals and civil laws were decided by judges based according to biblical prophecies as well as where they presided from. Now laws are created, enforced and micromanaged by three legislative branches of government. The reasoning for each branch having specific responsibilities is so that no one branch is able to corrupt the “checks and balances” system that was based according to the principals written in The United States Constitution and other important legal documents. The Legal System The United States government is overseen and governed by laws that were created by public officials. There are three branches of government: * The Legislative Branch of government (state or federal) enacts a group laws that are enacted by public officials. * Once the laws are enacted then they are enforced by The Executive Branch which controls the law enforcement agencies. * The Judicial Branch makes sure that those enacted laws serves a balanced purpose and are legally as well as ethically fair to all in serving their purpose. The American legal system today was conceived based from two major concepts that originally came from the medieval England’s common laws: Precedent and Codification...
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...States is governed by laws enacted by public officials. The legislative, executive, and judicial branches of government work together as a system of checks and balances. A single branch of government is not free to act on its own accord; oversight from the other two branches is required. The legislative branch, at both state and federal levels is responsible for enacting laws. The executive branch controls law enforcement agency practices. Upon enactment, the executive branch is responsible for enforcing laws. The judicial branch acts as a median between the legislative and executive branches. This branch is responsible for applying and determining the validity of laws in comparison to the principles established in the United States Constitution. Usally provide for the formation of legislative bodies empowered to perform criminal and other laws. U.S. constitution creates congress and gives it lawmaking power. The bill of rights of the U.S. constitution as well as similar amendments to states constitution, also describe procedural laws that dictate hoe substantive laws are to be administered. Constitutions are important to the substantive criminal law they set limits on what can be defined as a crime. The common law heritage of the American legal system is rooted in medieval English legal practices. Judges decided both civil and criminal cases individually, and according to their interpretations of existing customs. Because of this, historical common laws may be referred to as...
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...Law Opinion CJA/224 June 6, State and Federal Court System There are two kinds of courts within the United States; those courts are state and federal courts. The establishments of state and federal courts are local and state courts are established by the state. Federal courts are established by the U. S. Constitution. This established court decides arguments that involve the constitutional laws. State courts have a broaden jurisdiction, those cases are most likely to involve robberies, traffic violations and family disputes and those cases are normally held in state court. The Constitution of the United States (U.S.) has established a system in which the federal government will have limited power and all remaining power will be the decision states. This is proof of powers being shared that defines an interaction among the federal and state courts (Fine). The U.S. judicial system composed multiple autonomous courts, an integrated system that is worked into various geographic units and levels of hierarchy. With that on mind every state will have a court system with systems of local courts that will abide within the state. According to (Fine) both federal and state court structures will have the U.S. Supreme Court as the final arbiter of federal law, as the highest court of every state is called the Supreme Court; and the Supreme Court will have the power to interpret the matters of the law of that state. The criminal laws of the U.S. are a sound productivity of...
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...Possible Term Paper Topics and Instructions You will research, prepare, and write a 10-15 page term paper for this class. You have two choices as to how you can approach this paper: Track A and Track B. Regardless of which “track” you choose, the same general guidelines and expectations apply to all papers. The topics listed below do not define the entire universe of subjects available to you. If you have another idea for a paper topic, check it out with me. Once you select a topic, and I would suggest that this be done promptly, stop by my office to discuss your research endeavor. Track A: Issue-centered paper. Those choosing this track will research and write a paper on a specific issue of constitutional law. The paper will focus on the Court’s treatment of an issue and competing perspectives on it (both on and off the Court), and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics include: • The history, functions, and uses of one of the various “technical barriers” • Scope and limits of the presidential power to pardon • Federalism as a value in the Warren and post-Warren Supreme Court • Federalism as a constitutional concept in the Rehnquist Court • How far did the Rehnquist Revolution in federalism go? • The constitutional status of the War Powers Act (1973) • The concept of Executive Privilege • Are there limits to the...
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...1 MBA 610: Final Paper Description and Grading Guide Overview In a well-crafted, comprehensive paper, use specific cases, statutes, course resources, and course concepts to demonstrate your competency with regard to all of the following three points: 1. Areas of the law that you feel most affect business decisions (Law and Business Decisions) 2. Major underlying principles of the law that you feel are most impactful (Impactful Law Principles) 3. Common sources of fear and distrust of the law and how these misconceptions can be alleviated (Distrust of the Law and Misconceptions) Main Elements A. Choose a topic of interest from this course. B. Conduct research related to the topic of choice. C. In your paper, draft responses to the following three points (listed above): • Law and Business Decisions • Impactful Law Principles • Distrust of Law and Misconceptions D. Select specific cases that support your topic. E. Include the applicable laws and regulations that support your topic and why you chose them. F. Apply course concepts and course resources in your paper. In 10-3 Final Paper, you will submit your Final Paper. This milestone will be graded using the Final Paper Rubric. MBA 610: Final Paper Rubric Requirements of submission: Written components of projects must follow these formatting guidelines when applicable: double spacing, 12-point Times New Roman font...
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...Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison, J. (2008). The Federalist Papers. Oxford:...
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...Kaplan University PA 253 D. Weigel November 7, 2014 The practice of law is limited to those who have meet their state's requirements of education, moral character, and understanding of the law. They then become licensed to practice law, one who does not hold this license and practices law is committing UPL. UPL is the unauthorized practice of law anyone who practices law without a license may be held to their states disciplinary procedures. Injunction, criminal prosecution, citations for contempt of court and writs of quo warranto are some of the actions states take for those who commit UPL. Paralegals or legal assistants are “a distinguishable group of persons who assist attorneys in the delivery of legal services”. They are not licensed to practice law. In the scenarios , Polly Paralegal’s response is the only thing that can determine if she has committed UPL. If Polly Paralegal responds to Mr. Smiths question by stating “Yes, Mr. Smith in the state of North Carolina adultery has grounds for a divorce.”, then yes Polly is committing UPL. Polly would be using her knowledge in the legal field to answer Mr. Smith’s question. If on the other hand, Polly tells Mr. Smith that she is not able to give him an answer to his question, he should seek an attorney’s advice, then no, she is not committing UPL. Polly would not be giving any legal advice to Mr. Smith, therefore, there is no practice of law taking place. The same situation will apply to Polly with Mrs. Smith’s...
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...2013 Legalizing Morality The purpose of this paper is to provide an opinion regarding “acts that may be considered immoral … should also be illegal” The opinion should articulate “pros and cons” of the student’s opinion as a justification for law (Phoenix, 2012). In order to offer an opinion, certain assumptions need to be identified so that opinion and justifications are clear. Assumptions: the consideration of laws is confined to the United States of America. Morality is determined by religion. In this student’s opinion, acts that may be considered immoral should not be illegal. According to Madison, 1791: Amendment I of the Bill of Rights: “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof”. Joseph Story provides commentary on this amendment by stating: “the right of a society or government to interfere in matters of religion will hardly be contested by any persons, who believe that piety, religion and morality are intimately connected with the well-being of the state.” What of the person who does not believe in religion? If a person does not have the same faith or beliefs as the society, the person is more likely to commit a crime in a society of moral laws. Example: a person who chooses to have sex with another person of the same sex in the privacy of their own home does not impose on any other person’s right of freedom. It is this student’s opinion that laws based on morality violate the Bill of Rights, Amendment...
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...Capstone Discussion Question Post your response to the following: This course has taught the law as a “living body.” How do personalities, actions, trends, political correctness, and the moral aptitudes or ineptitudes of society influence the creation of governing laws? Do you think laws are a reflection of society or society is a reflection of laws? Explain your answers. CJS 220 Due Process Write a 200- to 300-word response describing the concept of due process, including how it applies to the criminal justice system. CJS 220 Final Write a 700-to 1,050-word paper in which you describe the appeals process. Address the following: · What is an appeal? · How do appeals factor into the overall criminal procedures and processes? · How can we improve the appeals process? Include at least one example of a real-world case that went through the appeals process. Explain why this appeal did or did not succeed. Format your paper and resource consistent with APA guidelines. CJS 220 Final 1 In this file of CJS 220 Final 1 you will find the next information: Write a 1500-1700 words paper on Fiction Versus Reality. CJS 220 Final 2 In this document of CJS 220 Final 2 you will find the next information: Write a 1050-1500 words paper on Fiction Versus Reality. CJS 220 Law Opinion...
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...A Guide to Preparing a Paper or Master’s Thesis J.G. Brouwer A.J.J. de Hoogh 1. Table of Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Table of Contents Introduction Purpose of Writing a Paper or Thesis Thesis Procedure Selecting a Topic An Outline Research and Analysis of the Topic Structure and Format Quotations, Paraphrasing, Plagiarism and Fraud Footnotes, References and the Bibliography Minimum Requirements and Grading 1 2 2 3 4 5 7 7 9 11 15 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the authors. 1 2. Introduction Writing skills are of eminent importance for a lawyer. That is why some courses require you to write a paper and the LL.M. Programme requires you to write a thesis at the end of your studies. There are strict requirements regarding the contents and the procedure. The following guidelines will provide you with information for successful completion. If you would like more guidance during the writing of your thesis, then you are advised to consult the following websites: http://www.learnerassociates.net/dissthes/ (structure and format) http://owl.english.purdue.edu/ (language) http://writingcenters.org/index.php (overview writing centres) The paper/thesis must be in English. This means for most of you, since English is not your native...
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...Law Opinion The United States legal system developed a branch that has three divisions between state and federal law. The three government branch include legislative, executive, and then judicial. These three branches will all play an important role in both legal and creation system laws. The U.S law practices foundations were created based on the English common law. Although there are many factors that must be consider and acknowledge before lawmakers reviewed and executed in writing. The first branches are known as legislative, which has known to be established by an article 1 of the constitution, and full of consistent within the white house of representative and the senate. This branch has the authority by the constitution to pass the legislation and to be signed by the U.S President, which the bill must pass through the Senator and the House of Representative with the majority vote. However, the U.S President can anytime veto the bill to be overridden by passing it through the House of Representative and the Senator with at least two no less of the majority vote. Second branch is known as the executive, which includes the President who reacts as the state leadership and the chief commander of the army forces. Although this branch is part of the government law enforcement agencies, the President is responsible for all implementing and enforcing by all laws that is created by the Congress, federal agencies, and also the Cabinet. “The Cabinet and independent federal agencies...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...per paragraph policy. The two birds represented writing techniques and understanding how to express myself into a paper. Unfortunately, the only English classes I have ever taken in my higher education were English 102 and English 103. From what I can recall, I was intellectually thinking and writing constantly about my opinions on certain topics. The implementation of doing self-evaluations through writing assignments help me drastically. I was conscious about making sense instead of writing remarkably. Is the...
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...companies hire their law firm(s) to provide tax opinions that certain tax planning strategies have a reasonable of being sustained on an audit. Can the auditor rely on representation letters from third parties to avoid auditing these opinions? Briefly explain why or why not. No, the auditor cannot rely on representation letters from law firms to avoid auditing these opinions. The auditor can only rely on the tax opinion of a specialist as defined in AU Section 326 Part 2.18, which defines a specialist as “a person (or firm) possessing special skill or knowledge in a particular field other than accounting or auditing." Therefore, in a situation when the auditor needs assistance with “special knowledge of matters about which the auditor does not have adequate technical training and proficiency.” However, this is not the case regarding tax planning strategies since the auditor is in fact knowledgeable concerning income tax matters that the legal counsel does not possess. The opinion of legal counsel on specific tax issues can be helpful to the auditor in forming their own opinion, but should not be relied on by the auditor. 2. Suppose an audit client refuses to allow you (the auditor’s senior manager) to see the tax accrual work papers. How does this action affect your audit opinion? The auditor is required to obtain sufficient competent evidential matter through, among other things, inspection and inquiries to afford a reasonable basis for an opinion on the financial statements...
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...covers a significant U.S. legal issue related to business. Do not use editorials, advice columns, or press releases. (Up to 15 points deducted for articles not meeting these standards). * Date: The article must have been published within 7 days before the date the summary is submitted. (Up to 15 pts. will be deducted if the article is too old.) * Copy: Staple the article (cut from the paper and taped to an 8-1/2” sheet OR a printed copy of the online version) to the summary. The paper name, article title, and publication date must be printed on the article. (4 pts. deducted if this info is missing; failure to attach the article will be a 10 pt. deduction) Summary requirements (points will be deducted for each requirement that is not satisfied). Examples are shown below in italics/brackets—do not bracket/italicize your content. 1. Summary must be typed (double-spaced, Times New Roman 12 pt. font, 1” top/left/right margins, .5” bottom margin). The total paper must be at least one full page, but can be longer. Points will be deducted if the formatting is incorrect or the paper is shorter than one full page. 2. Your name and section # should be at the top left corner of the page. [John Doe-Sec. 1] 3. At the top right corner of the page put the date it is being submitted. [Submitted: 8/27/13] 4. The first line must state: title of the article; name of newspaper; and date published. [“Sirius Sued Over Music Royalties for Legacy Works,” Wall Street Journal...
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