...| Question 5 | | 1 / 1 point | In most states, the same courts can grant legal or equitable remedies. | True | | False | View Feedback | | Correct. | Question 6 | | 1 / 1 point | Congress can regulate any activity that substantially affects commerce. | True | | False | View Feedback | | Correct. | Question 7 | | 0 / 1 point | A state law that substantially impinges on interstate commerce is unconstitutional. | True | | False | View Feedback | | Incorrect. | Question 8 | | 0 / 1 point | The Bill of Rights protects individuals against some interference by the federal government only. | True | | False | View Feedback | | Incorrect. The protections in the Bill of Rights limit the power of the federal government, but most of these protections also apply to the states through the due process clause of the Fourteenth Amendment. | Question 9 | | 1 / 1 point | Any restriction on commercial speech is unconstitutional. | True | | False |...
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...interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The Fifth Amendment “No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms. The Fifth Amendment specifically protects the citizen from self-incrimination, seizure of property, guarantee of due process of law in indictments, seizures of property and assurances of life and liberty in a free world. (Head, 2008, page 1). Amendments were symbolic additives to the constitution that eventually required two-thirds consensus by both houses of Congress and ratification or approval by three- fourths of the states legislatures. (Head, page...
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...The criminal justice system has two sets of underlying values which are Due Process an Crime Control. Due process values focus on the right of individual while crime control values stress the punishment and repression of criminal conduct. The competing nature of these two value systems is often evident in nation’s court. Due process primary concern of early American court is to protect the right of an individual against the power of the state. The fifth and fourteenth amendments states that no person should be deprive of life, liberty, or property without due process of the law. The due process basically requires that the government should act fairly to people. This means, it is not advisable for the government to rely on individual judgment and impulse when making decisions, but must stay within the boundaries reason and the law. Disagreements as to the meaning of these provisions have overwhelmed courts, politicians, and citizens since this nation was founded and may undoubtedly continue to do so. To properly understand due process, there are two types to be considered; procedural due process and substantive due process. Procedural due process states, the law must be carried out by a method that is fair and orderly. It requires certain procedure be followed in administering and executing a law so that an individual’s basic freedoms are never violated. An example of this is the United States Supreme Court that requires schools to follow certain procedures before...
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...FACTS In November 2000, Albert Kendall’s fish plant was audited by the Hypoville Department of Wildlife and Fisheries. The commission found evidence that Mr. Kendall had a fish catch that was double his license limit. Criminal charges were brought against Mr. Kendall, but were subsequently dropped due to technical deficiencies. The Department wrote advised against him being issued a 2003 fishing license. The Department attached numerous documents to the letter. Mr. Kendall was told that he could make written submissions to the ALJ prior to a decision being made on his 2003 fishing license. Mr. Kendall did not submit any evidence to counter the evidence presented in the letter, but instead Mr. Kendal made arguments about why the license should be issued. Subsequently the license was denied. The question presented is two –fold, have the procedural due process requirements been satisfied, and does a “paper hearing”, to determine whether the license should be granted or revoked, satisfy the due process requirements? Mathews v. Eldridge, 424 U.S. 319, 334 (1976), Set forth an identifying process that is required in determining if a license should or should not be revoked: “(1) the nature of the property interest; (2) the risk of an erroneous deprivation of that interest through the procedures used; and (3) the nature of the government’s interest.” The Court also stated that a license holder “can only be deprived of his license if he is convicted of the underlying criminal offense...
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...implementation of their child’s free and appropriate special education, they may file for a due process hearing. Essentially, a due process hearing is a court case that is brought in front of a third party hearing officer who will hear the testimony and review the evidence presented by both the parents and the school district. The hearing officer will then come to a decision regarding the disagreement. If a hearing officer sides with the school district, the special education that a student is receiving will stay the same. If a hearing officer sides with the parents, the school district may be required to do one of the following: provide the attorney’s fees for the parents of the student, provide injunctive relief (requiring a school to stop or refrain from partaking in an action), provide tuition reimbursement, provide compensatory education, or pay punitive damages (a monetary award to the parents in addition to the damages that the school already has to pay). Part of the due process hearing is an aspect referred to as the stay-put provision. The stay-put provision requires that a student remains in their current least restrictive environment placement setting while a dispute is being resolved. This ensures that a school district cannot move a student from placement to placement without the consent of the student’s parents and provides the student with a stable education throughout the due process...
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...vary from how they each feel the court system works and the integrity of it. Many factors can play a role in the way in which these people feel on the actual court system process. Such factors being where they work within the system, if they are judges, cops, lawyers or social service officers can change the way they feel the system works. Factors of where they work geographically and the views and opinions of those areas can also shape the way the person feels about the system. The American criminal justice system is a complex creature, by which laws are established to protect life and property and maintain order. The purpose of these laws is to protect individuals from a threat to their person or property; and, to punish those convicted of crimes which harm or kill individuals and/or cause the loss of their property. These laws also protect society as a whole, in the form of rules and regulations set forth by government agencies. In effect, these laws are designed to control and prevent criminal activity. These laws have two functions; to provide for the protection from harm to individuals, their property, and society as a whole, and to educate the population about social values and boundaries. These laws are written in a number of ways. Constitutional Law is written by both state and federal governments into their respective Constitutions. A state constitution cannot override the U.S. constitution, as the U.S. Constitution is the supreme law of...
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...sentencing. Substantive law is very common and is the type of laws that one would hear about on the evening news. For example the law of committing murder, there are many variations of the types of homicide. Justifiable homicide is defined as non-criminal homicide. It is possible that if homicide is committed to stop a rape, or other serious crimes, it could be justified. The Substantive law describes what may determine justifiable homicide as well as what the rights are for that person who may be facing charges. Procedural Law Procedural law is the process of the legal system. For example, procedural law provides the guidelines that must be followed to submit a lawsuit, press charges, and how restitution and penalties must be handled. Procedural law is also referenced as the "due process of law" and describes how to navigate through the legal system (Procedural Law, 2012). Procedural law is closely aligned with substantive law in defining the process for identifying that a law has been broken, how to pursue bringing forth an allegation, and how infractions of the law are handled. Criminal Law The "USLegal" (n.d.) website defines criminal law as “the body of rules and statutes defining the offences against the community at large.” Criminal laws are designed to protect society from behavior by people when that...
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...Real Estate Land Use definitions Land Use & Climate: The idea that land use directly affects climate and weather. It proposes that land use, population growth, and the increased sprawl of development can be a contributing factor in how the climate or weather will be like in the near future. Incrementalism: It is necessary to accept the realities of the processes by which planning decisions are taken; essentially incrementalist approach replaces grand plans by a modest step by step approach which aims at realizable improvements to an existing situation. It is a method of successive limited comparisons’ of circumscribed problems and actions to deal with them. Impact Fees: A charge levied on developers by local governments to pay for the cost of providing public facilities necessitated by a given development. Rational Nexus: A reasonable connection between impact fees and improvements that will be made with those fees. Jurisdictions must be able to justify the fees they charge developers by showing that the fees will be spent on improvements related to the development. Linkages: Typically, a payment to a municipality for some needed development that is not necessarily profitable for a developer (say low-income housing) in exchange for the right to develop more profitable, high-density buildings (say, commercial development). Incentive Zoning: Zoning provisions that encourage but do not require developers to provide certain amenities or qualities in their projects in return...
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...A state court may not practice in personam ward over a non-state occupant respondent in an items obligation activity where the litigant's just association with the state is the mishap being referred to. This issue was indisputably settled by a larger part 6-3 choice of the US Preeminent Court in Overall Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980). The choice was legitimized on the ground that the express court's activity of in personam purview where the mischance was the sole connection would be infringing upon the Due Procedure Statement of the Fourteenth Amendment. The Due Procedure arrangement limits the energy of state court to issue a legitimate individual judgment against a respondent who isn't an occupant of the gathering state....
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...Criminal Procedure Policy Paper Devone Calloway University of Phoenix Criminal Procedure Policy Paper “A due process model is a type of criminal justice system which is based on the principle that a citizen has some absolute rights and cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards” ("Due Process Model Law," 2001, p. 1). This model involves two aspects which are procedural and substantive. The main focus of the due process model is the power of the government to protect its society with less focus on the individual liberties of the people. Crime control model is a law that refers to a theory of criminal justice which focuses on decreasing the crime in society through increased police and their prosecutorial powers. Since these two models go hand and hand with criminal justice there will be various opinions of the comparisons and the contrasts. Some of the differences amongst the due process model and the crime control model are that people are innocent until proven guilty in the court of law in conjunction with the due process model. This allows for everyone to be able to receive a fair trial. For those who take the crime control model approach believe that people who are arrested, are guilty and are required to receive punishment by the government. Those who believe in the due process model law feel as though that policing within the criminal justice system is vital to maintaining justice amongst the society. For...
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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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...administrative law. Each of these four types plays a different role in the regulation of business and society. In addition to the types there are also three common categories of law criminal and civil, substantive and procedural, and public and private laws. Law is an integral part of the present-day workplace and affects the decisions management and leaders make. Function and Role of Law Law is an essential part of what allows business and society to be successful. Societies use law to keep the peace, enforce standards of conduct, maintain order, facilitate planning, and promote social justice (Barnes, Dworkin, & Richards, 2011). Chaos would reign supreme without laws to guide decisions. The United States law is a complex system broken down by types and categories. Types of Law The four common types of law each have a different purpose. Constitutional law deals with the interpretation and implantation of federal and state constitutions, the Constitution is the highest form of the law. Laws must agree with the Constitution or they are unconstitutional and not upheld in federal court. The Constitution is amended only in extraordinary and extreme cases. Statutory law is written by the legislative branch and approved by the executive branch of government. Statutes at the local level are known as ordinances. Court systems designate common laws by way of a precedent. A precedent...
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...the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim 5. Applying for permission 6. Fees 7. Impact Assessment and Equality Impacts 8. Summary of questions 9. How to respond 3 4 6 9 12 18 25 28 30 32 1 Judicial Review: proposals for reform 2 Judicial Review: proposals for reform ...
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...Berne September 26, 2006 I. Structure-Substance Pairing Negotiations at the WTO are mainly driven by domestic constituencies and governments. They define outcomes. The structure of the organisation is instrumental to this goal, and does not in itself decide on outcomes. Nevertheless, the structure and operation of the WTO is not without impact. The ways by which decisions are prepared and made do affect outcomes and results. This is common to all law, domestic and international law. Process and substance are inextricably intertwined. We call this substance-structure pairing. Effective global governance requires open attitudes towards multilateralism, shared perceptions on objectives, but also clear structures on all layers of government, local, national, regional and global. It is equally true for the WTO. While international trade regulation is almost exclusively treaty-based, the process in the WTO often deviates from written rules and is mainly shaped by custom and diplomatic practices developed under GATT 1947. Except for dispute settlement, it is not clearly framed in institutional terms. Difficulties to achieve agreement and to make progress among the currently 149 Members of the WTO are partly due to these practices. Except for the General Council and the Ministerial Conference, no body is mandated and authorised to address procedural issues in a comprehensive manner, coming forward with new ideas and informed proposals. The WTO was established as an international...
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...CHAPTER 1 “LEGAL FOUNDATIONS” Administrative law is the body of law that governs the activities of administrative agencies of government. Clean hands doctrine a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim. Common law is based on precedent (legal principles developed in earlier case law) instead of statutory laws. It is the traditional law of an area or region created by judges when deciding individual disputes or cases. Constitutional law – a body of law dealing with the distribution and exercise of government power. Criminal Law versus Civil Law – Civil * between you and another citizen (no government involved); * disagreements between citizens were no crime has been committed (only e.g. injury); * designed to compensate parties (including businesses) for losses as a result of another conduct ; * e.g. speeding and parking violations; * don’t result in loss of freedom, though they can result in loss of privileges or fines. Criminal * between you and the government/law; * are a protection of society; * Congress and House of Representatives are involved; * When the individuals break the laws/are against the government; * actions that have been declared illegal; * they are prosecuted by the state (city, state or country); * normally punished with...
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