...your about to read consists of the federal court system, federal court’s jurisdictions, and lastly I’m going to compare the federal court system to the state of Georgia’s court system. Let’s start with the federal court system, which consist of three tiers. The Federal Courts According to the Paralegal Professional by Henry R. Cheeseman and Thomas F. Goldman, the trial courts of the federal system is the District Courts (2011, p.211). Cheeseman and Goldman say there are 94 district courts in the federal court system (2011, p.211). Also in their 2011 book, they say the district courts are decided by geographical area and how populated that area is (Cheeseman, p.211). Lastly, Cheeseman and Goldman state that there is at least one District Court in every state (2011, p.211). Next, is the intermediate appellate court in the federal court system. The Paralegal Professional says the U.S. Court of Appeals is the intermediate appellate court in the federal court system (Cheeseman, p.211). Cheeseman and Goldman also say there are thirteen circuits, which are the geographical area that the court serves (2011, p.211). They also state that the courts can only take appeals from inside their circuit (2011, p.211). According to their 2011 book, each circuit has a three judge panel and someone in a case can request a review after the judges make their decision (Cheeseman, p.211). The last part of the federal court system is the highest court of the federal system. According to Cheeseman...
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...------------------------------------------------- Alternate Case Problem answers Chapter 2 Courts and Alternative Dispute Resolution 2-1A. Jurisdiction (Chapter 2—Pages 29–30) A court can exercise personal jurisdiction over nonresidents under the authority of a long arm statute. Under a long arm statute, it must be shown that the nonresident had sufficient contacts with the state to justify the jurisdiction. In regard to business firms, this requirement is usually met if the firm does business within the state. In this case, the parties to the sponsorship agreement contemplated that substantial activities to further their joint venture would take place in Florida. Sutton lived in Florida, and he was expected to and did play in tour events in Florida. Sutton was to be provided health care insurance in Florida. All earnings from Sutton’s golf-related activities in Florida and elsewhere were to be paid by the Professional Golfing Association from its headquarters and bank account in Florida to the ARS & Associates account in Michigan; the partnership was to disburse funds from the account to Sutton’s account in Florida to enable him to perform golf-related activities and participate in tour events for the benefit of the joint venture. After ARS failed to fund health insurance for Sutton, it instructed Sutton to obtain medical care in return for providing golf lessons to a physician in Florida. These facts—the provision of health care insurance in...
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...Component: Georgia Court System, April 6, 2014 | | | The state court system is the second component of the dual-court system of the American court system. With the passing of the Reorganization Act of 1801, state court systems began to follow a “three-tiered structure of trial courts of limit jurisdiction, trial courts of general jurisdiction and appellate courts” (Schmalleger, 2014, p. 206). The Georgia court system is composed of five classes of trial level courts, which include the magistrate, probate, juvenile, state and superior courts; in addition to those five trial level courts, the Georgia court system also includes about three hundred fifty municipal courts, which operate on a local basis. The Court of Appeals and the Supreme Court make up the two appellate level courts of the Georgia court system (Georgiacourts.gov, 2014). The magistrate court is a trial court of limited jurisdiction, and the magistrate court of the Georgia court system includes one hundred fifty-nine courts and chief magistrates and three hundred thirty-three magistrates (AOC, 2014). The magistrate courts “issue warrants, hear minor criminal offenses and civil claims involving amounts of $15,000 or less,” “it is the first resort for many civil disputes…in criminal matters magistrates hold preliminary hearings, issue search warrants to law enforcement and also warrants for the arrest of a particular person…or set bail for defendants” (Georgiacourts.gov, 2014). The magistrate court “does not hold...
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...160 Ohio App.3d 634; Ricker v. Fraza/Forklifts of Detroit; | |[pic] |[pic] |Page 634 |[pic] | RICKER, Appellant v. FRAZA/FORKLIFTS OF DETRIOT, Apellee. [Cite as Ricker v. Fraza/Forklifts of Detriot, 160 Ohio App.3d 634, 2005-Ohio-1945] 2005-Ohio-1945 Court of Appeals of Ohio, Tenth District, Franklin County. No. 04AP-582 Decided April 26, 2005 LAZARUS, Judge. {¶1} Plaintiff-appellant, J. Griffin Ricker, appeals from a decision of the Franklin County Court of Common Pleas, dismissing his complaint against defendant-appellee, Fraza/Forklifts of Detroit ("Fraza"), for lack of personal jurisdiction. {¶2} Ricker initiated this action with a complaint seeking damages for breach of an oral contract to provide insurance consulting services. The complaint alleges that Ricker is an insurance consultant with his principal place of business located in Hilliard, Ohio, and Fraza is a Delaware corporation with its principal place of business located in Roseville, Michigan. The complaint further alleges that, in 2002, Fraza hired Ricker to provide insurance consulting services, and agreed to pay Ricker $30,000 if business insurance was obtained through the efforts of Ricker. Such payments would apply to subsequent annual renewals of insurance. Ricker obtained insurance coverage for Frazer from Universal Underwriters Group for 2002. Fraza paid Ricker for his consulting...
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...Subject: Typical State Court System (Prazen vs Shoop) A typical state court system is designed to hear and rule various legal disputes and consists of limited-jurisdiction trial court, general-jurisdiction trial court, intermediate appellate court, and a supreme court. Limited-jurisdiction trial court also referenced as inferior trial courts preside over small claims courts, municipal courts, and justice of the peace courts. General-jurisdiction trial court or courts of record require that all evidence and testimonies are recorded and saved for future review. Two divisions of court of records consist of criminal and civil courts and preside over major legal cases, such as felonies. Intermediate appellate courts, referred to as appellate courts or courts of appeal presides over cases that have been heard in courts of record and all or part of the trial records is submitted for review. The appellate court gives its decision based solely on the facts that support the evidence. The final and highest court layer is the state supreme court; in which cases must have been heard in appellate court and certain trial courts (Cheeseman, 2013). In most cases, a supreme court verdict is final. The case of Prazen vs Shoop was processed through the state court system. Joseph Prazen retired from the City of Peru’s electrical department as the superintendent at the bottom of 1998 (Illinois Court, 2014). Prazen was able to secure his pension of more than 32 years of service with...
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...The United States Dual Court System and its Historical Developments The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early Republic” written by Martin Kelly “In 1789 Article Three of the US Constitution stated that "[t]he 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." (Kelly, 2012) ” This article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the progressivism...
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...Carlos Tovar Federal Taxation March 6, 2011 Article Brief: “Innocent Spouse Relief: Alternatives After the Lantz Case” Article Brief: “Innocent Spouse Relief: Alternatives After the Lantz Case” The dilemmas described in the Lantz case reflect the high level of ambiguity that a filing spouse experiences when challenging IRC 6015 provisions for an Innocent Spouse Claim. Specifically, the stipulated filing timeframe in sub-section (F) of IRC 6015 – Equitable Relief. In general, there’s major discrepancies between the tax courts’ and IRS’ interpretation as to when the Equitable Relief application should be filed by the innocent spouse according to what’s referenced in sub-section F of the code. Such case brings about uncertainty when tax planners advice their clients on how to better strategize when in this situation, and better yet, avoiding it all together. Although the basic background and scope of code IRC 6015 and its sub-sections are fundamentally important, there are other components that bring about the controversy surrounding the provision. The most relevant is perhaps the fact that although sections 6015(B) and (C) requires requesting relief by filing form 8857 within two years of the initiation of an IRS collection activity with respect to the innocent spouse, section (F) contains no mention of a time limit for filing. Nevertheless, the IRS applies the same two-year limit to the equitable relief under section 6015 (F). Taking these points of controversy...
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...Who’s Left Standing for State Sovereignty?: Private Party Standing to Raise Tenth Amendment Claims By: Katherine Connolly Section 1: The most critical topic raised in Who’s Left Standing for State Sovereignty?: Private Party Standing to Raise Tenth Amendment Claims by Katherine Connolly is the Supreme Court and State courts oscillating view of the Tenth Amendment, the contradictory views between circuit court of appeals on the Amendment, and an analysis of private party Tenth Amendment standing. “In the decades since its adoption, American courts have vigorously debated the substantive meaning of this Amendment.” (Connolly 1540) Many of the circuit court of appeals have had a difficult time coming to an agreement on the underlying meaning of the Amendment. “Six circuit courts of appeals now hold the increasingly popular majority position that only states and not private parties may enforce the Tenth Amendment. Two circuit courts of appeals hold the once-majority position that private party standing to assert claims under the Tenth Amendment is permissible.” (Connolly 1541) The article was taken from the Boston College Law Review. Katherine Connolly, the author of the note, has her opinions on the topic of the Tenth Amendment and knows the history of it because she is a third year student at Boston College Law School and the senior editor of the Law Review. Section 2: The author did not make any vague, ambiguous or unsupported statements in...
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...* LEGL 200 * Course Outline Chapter 1: Introduction to the Legal System 1. The law consists of enforceable rules governing relationships among individuals and society. 2. The law serves several purposes. a. Protect individuals b. Protect society c. Protect property, and d. Protect objectives 3. How does the law achieve the aforementioned purposes? a. By establishing confidence in the enforcement of laws b. Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ...
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...2 The State Judicial Process The State Judicial Selection Process Have you ever wondered how the judges within your state are chosen? The way a judge is chosen for the state varies from state to state, and there are a few ways they are put on the bench. One way for a judge to be put on the bench is to be appointed by the Governor or state legislature (FindLaw, 2012). A second way to choose a judge is through a merit selection. A merit selection is where a judge is chosen by a legislative committee based on each of the potential judge's performance in the past (FindLaw, 2012). A third way to get a judge on the bench is by a partisan election; in which a judge is selected through partisan elections that are voted in by the electorate, or voters registered to parties, because judges often run as part of a political party affiliate (FindLaw, 2012). A Non-Partisan Election is the final way to get on the bench. This is when the potential judges running for a judicial position in the states can put their names on the ballot, but they do not list their political party affiliates (National League of Cities, 2014). In the state of Florida, judges being elected for a term in the state trial courts of general jurisdiction are elected by way of a nonpartisan election (Carp, Stidham, & Manning, 2014). When judges are being selected for a term in the state courts of last resort, the state of Florida utilizes a merit selection (Carp, Stidham, & Manning, 2014). The length of...
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...deposition or trial, and points out the potential liability that accountants risk when they testify at trial. Litigation in the United States ¶8001 U.S. Tort Costs Climbing The U.S. tort system cost $248.1 billion in 2009, which was about $808 per U.S. citizen ($12 in 1950). U.S. tort costs accounted for 1.74 percent of GDP (2.09 in 2002). Increasingly inefficient, the U.S. tort system returns less than 50 cents on the dollar to people it is designed to help; only about 22 cents to compensate for actual loss. ¶8006 A Dispute Begins There are two different courtroom environments: civil and criminal. Some experts believe it is more difficult to convict in a criminal trial (e.g., Casey Anthony). Types of Litigation Services Provided by Accountants ¶8011 Consultant An accountant may be hired by an attorney to gather and interpret facts, prepare analyses, help the attorney interpret evidence, advise about issues and strategies involved in a legal matter, locate other accountants to act as consultants or expert witnesses, and help expert witnesses form their opinions. Accountants acting as consultants will not be asked to testify in a judicial or regulatory proceeding, and their work usually will be protected from disclosure by the attorney work product privilege. ¶8016 Expert Witness An accountant may be retained by an attorney or court as an expert witness to testify in a judicial or administrative proceeding. Accountants often are asked to lend their expertise to shareholder...
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...Crime is something that impacts everyone, whether directly as a victim or indirectly through societal and economic costs. From the early 1960s, in the United States, criminological research resulted from individual efforts. The reliance on individual investigators to conduct and oftentimes fund their own research agenda was primarily a function of a lack of funding sources devoted to issues surrounding criminology and criminal justice. However, research in criminal justice has dramatically increased. The period between 1960 and 1980, saw the enormous increase in efforts in the federal government to initiate research projects that were designed to understand the extent of criminal behavior, including the etiology of criminal behavior, as well as the reaction of the criminal justice system to criminal behavior. Although still under supported financially, funded research efforts during this time period gathered much information that helped set the stage for the continuation and expansion of criminological research efforts. Since 1980, there has been a substantial increase in the financial resources afforded to criminological research, which has led to a large number of activities within criminology and criminal justice system. Looking at the social factors of criminals, it is possible to see these factors could influence criminal decision and the way they handle situations. Mary Bell was an eleven- year-old girl, who lived in England in a poverty stricken area, known as...
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...= 4. Constitutional law includes only the U.S. Constitution. ANSWER: F PAGE: 6 TYPE: = 5. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. ANSWER: T PAGE: 6 TYPE: = 6. To determine whether a law is constitutional, a court will only look at the law’s source. ANSWER: F PAGE: 6 TYPE: = 7. Uniform laws apply in all states, including those in which the laws have not been adopted. ANSWER: F PAGE: 6 type: N 8. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 6 type: N 9. Statutory law does not include county ordinances. ANSWER: F PAGE: 6 TYPE: = 10. Every state has adopted the Uniform Commercial Code in its entirety. ANSWER: F PAGE: 7 TYPE: N 11. Common law is a term for law that is common throughout the world. ANSWER: F PAGE: 8 TYPE: = 12. Damages is the normal remedy at law today. ANSWER: T PAGE: 8 TYPE: = 13. Equitable remedies include injunctions and decrees of specific performance. ANSWER: T PAGE: 8 TYPE: = 14. In most states, a court cannot grant a legal remedy and an equitable remedy in the same case. ANSWER: F PAGE: 9 TYPE: + 15. Judges use precedent when deciding a case in a common law legal system. ANSWER: T PAGE: 10 TYPE: = 16. Courts do not depart from precedents. ANSWER: F PAGE: 10 TYPE: = 17. How the courts...
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...the U.S. courts began in the colonial days. Since then the American courts have taken their own path, and have evolved in order to better suit the social needs of today’s America. Presently, there are two judicial systems. The first one is the state and local courts established under the authority of state governments. The second is the Federal courts system created by Congress under the authority of the U.S. Constitution. Development of the American Courts The origins and foundations of American courts like other social, legal and cultural habits in America descended from Great Britain. The court system in American colonies resolved civil and criminal disputes. However, the court systems within each colony were not exactly the same. The Massachusetts Bay Colony had a General Court that created laws, conducted trials and imposed sentences. Later, county courts were created and the General Court was used for appeal hearings and for some cases that involved serious crimes. The colony in Pennsylvania allowed offenders to be their own lawyers and to plead their cases to a justice of the peace. Ultimately all American colonies had functioning court systems but they were not uniform. After the American Revolution, colonial court systems became state courts; and like colonial court systems, state courts were not uniform. Appellate jurisdiction which is the lawful authority of a court to review a decision made by a lower court existed however, there were some states that did not...
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...Citation. 467 U.S. 431, 104 S. Ct. 2501, 81 L. Ed. 2d 377 (1984) Parties: NIX, WARDEN OF THE IOWA STATE PENITENTIARY v. WILLIAMS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Brief Fact Summary. Williams was arrested for the murder of a 10 year old girl whose body he disposed of along a gravel road. State law enforcement officials engaged in a search for the child’s body. During the search, in response to an officer’s appeal for assistance, Williams made statements to the police (without an attorney present) which helped lead them to the body. Williams was only read his Miranda rights after he was arrested. Synopsis of Rule of Law. This case introduces the inevitable discovery doctrine, which postulates that if evidence will be inevitably discovered, the method in which it is obtained is not important. Facts. Defendant, Williams was arrested and read his rights for the murder of a child after he led law enforcement officials to the body of the child by making statements, in passing, to officials who were conducting the search. While the statements Williams made were not allowed as evidence against him at trial, the body of the child, as well as photographic and medical and chemical test information was admitted. At trial of the matter, the court concluded that, even if Williams had not made the statements to police, the body of the child would have been found within a reasonable time, and that evidence could still be used. Issue. Whether...
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