...Lisbon The treaty was signed by the heads of states of government of the 27 member states in Lisbon on the 13.12.2007. It has entered into force on 1.12.2009 after being ratified by all member states. It amends the treaty on the EU and the European Community’s treaty without replacing them. The EC treaty is renamed “The treaty of the functioning of the EU”. According to the provisions of the Lisbon Treaty, the EU replaces and succeeds the community. Therefore, the following terms will no longer be used: European Community, European communities or community law. Reference will be made only to the EU and the EU law. Following the treaty of Lisbon, the articles within the treaty on EU and the EC treaty, now the treaty on the functioning of the EU, are renumbered as part of the simplification process. According to the amendments brought by the Lisbon Treaty, the EU has legal personality, and therefore it has the capacity to enter into international treaties and agreements on behalf of the member states. In addition, the 3 pillars of the EU provided by the Treaty of Maastricht are now merged, but special procedures are still maintained in the field of foreign policy, security and defense. However, reference will no longer be made to the 3 pillars of the EU. The main reforms introduced by the Treaty are as follows: * More powerful role for the EU parliament, within the European legislative process * A greater involvement of the national parliaments in the work of the EU *...
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...American Criminal Court System Kabie Goss CJA/224 July 14, 2014 Samyra Hicks American Criminal Court System When thinking about the American Criminal Court System, there is a lot to think about. Most cases are not just opened and closed in one day like they are on television, and there are different courts to handle different situations. In this paper I will be describing what a court is and its purpose, as well as defining what the dual court system is. I will also describe the role that early codes, common law, and precedent played in the development of courts. Lastly, I will identify the role of the courts in criminal justice today. Court and its Purpose Merriam-Webster defines a court in three different ways, but they all seem to intertwine. The first definition is; “a formal legal meeting in which evidence about crimes, disagreements, etc., is presented to a judge and often a jury so that decisions can be made according to the law.” The second being, “a place where legal cases are heard.” The third definition states, “An official group of people (such as a judge and jury) who listen to evidence and make decisions about legal cases.” There are many different types of courts at the local, state, and federal level. Courts can hear both civil and criminal cases. The purpose of the court is to settle legal disputes whether civil or criminal, through a legal process, while protecting the rights and liberties of everyone involved, and to administer justice...
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...Introduction The global legal system is a very complicated and vague network of international, state, and non-government bodies. Each organization influences each other, but it is evident that the United States holds a singular importance in the system. Ever since the country entered the global stage, a far change from its beginnings as a nation with expressed neutrality, it has continuously played a growing part. The United States is able to play a part in the global legal system through its large influence in foreign affairs. Considered the current hegemon, it has been able to for simplicity sake dictate through its many outlets its preference of a legal system. They have been successful in this agenda with the assistance of the powerful Department of Justice, their numerous government agencies, as well as with the influence of American economic and humanitarian programs, among others. This paper will try to explain the United States’ power and influence of the global legal system, through practices such as transgovernmentalism and positive comity as well as by such bodies as the United States Supreme Court, the Department of Justice, the State Department, and the U.S. Agency for International Development. Also investigated is the United States’ role with international bodies such as the International Criminal Court, an organization that America disagrees with and has refused to join. Some questions however remain; through its global programs and...
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...Afghanistan- a state in turmoil: This part will deal with the detailed analysis of the Russian legal system and also a critical analysis of the textual and contextual part of laws of the Islamic Republic of Afghanistan According to the Constitution, Afghanistan is an Islamic Republic, independent, unitary and indivisible state. It aims at consolidating national unity, safeguarding independence, national sovereignty, and territorial integrity of the country, for establishing a government based on people's will and democracy. Also for the first time, any constitution of this state has recognized and given place to human rights and fundamental rights. The government comprises of a Council of Ministers and a National Assembly. The President is the head of the state and the Commander-in-chief of the army. The country has been through many political upheavals and the current constitution was adopted post withdrawal of American NATO forces and an executive president was elected. The National Assembly is composed of the House of People(Woleshi Jirga) and the House of Elders (Meshrana Jirga). The first legislature was elected in 2005 and then re-elected in 2010. The current parliamentary members mostly comprise of former mujahedeen, Islamic fundamentalists, reformists, communists and several Taliban members. The current Afghanistan government system consists of three branches of power- executive, legislature and judiciary overseen by a system of checks and balances. The Afghanistan...
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...Court History and Purpose CJA/224 July 7, 2014 Court History and Purpose Court history and its purpose have been on a long and tedious journey through the Centuries. Court history has seen numerous changes along the way, good bad and indifferent. Although the road has been rough throughout the journey, it has made tremendous change by leaps and bounds with the help of several landmarks highlighting the complexity. The literature reviews, illustrates and examines the following: 1. Describe a court and its purpose. 2. Define the dual court system. 3. Describe the role that legal codes, the common law, and precedent played in the development of courts. 4. Identify the role of courts in criminal justice today. A court is a forum designed to test, enforce and uphold the law in a fair and impartial manner. The courts purpose is to guard and uphold individual freedoms that all citizens have. Purposes and Responsibilities of Courts should never be confused with efficiency or even the constitutional means of the separation of powers, judicial independence, and the inherent powers of the courts. Courts exist to do justice, to guarantee liberty, to enhance social order, to resolve disputes, to maintain rule of law, to provide for equal protection, and to ensure due process of law. They exist so that the equality of individuals and the government is reality rather than empty rhetoric. (National Association for Court Management, 2013...
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...the court officer loudly proclaims: ‘All Rise!’ These two words inspire a sense of awe and respect for our judicial process. But what if the command, ‘All Rise!’ represented a promise — a promise that the court will lighten the burden of people whose problems have become too difficult to overcome alone? What if ‘All Rise!’ became a pledge by the court to look beyond the chaos and wreckage in peoples’ lives caused by addiction and to see their potential? What if ‘All Rise!’ offered the promise to provide the treatment and other tools needed to help people permanently change their lives? When an addict rises out of addiction and crime, we all rise” (West Huddleston, 2011). I thought that was very well put. In this paper, I will touch on the history of drug courts, how they work, and the benefits to the American taxpayers as well as society itself. HISTORY In 1989, the first Drug Court came to be and was located in Miami-Dade County, Florida The Miami-Dade Drug Court ignited a sudden national transformation that has changed our justice system. Ten years later, 492 Drug Courts were in full swing. As of June 30, 2012, 2,734 Drug Courts were in service in every U.S. state and territory. Millions of lives have been changed, thanks to Drug Courts, and they are continuing to spread all over the country and the world. This year, 2,734 Drug Courts will serve over 136,000 people (National Association of Drug Court Professionals, n.d.). A variety of problem solving courts are...
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...of the Treaty of Rome 12 – now Article 30 TFEU post-Lisbon -, which precisely banned the introduction of new custom duties and the increase of existing duties on the market. Van Gend en Loos therefore brought an action against the Dutch customs authorities and claimed reimbursement of the sum before the Tariefcommissie in Amsterdam, which is the highest court concerning taxes in the Netherlands. The Dutch Court however had doubt about the direct application of the mentioned article within the territory of a Member State, so decided to turn to the CJEU to obtain a preliminary ruling, in order to discover whether Article 12 could assist a private litigant before a national court. Issues * Whether a citizen of a Member State may invoke (art. 12) before national court/tribunal, in the sense that nationals of Member States may on its basis lay claim to rights which the national courts must protect; * And whether reclassifying the object imported and the application of a higher customs duty constituted a violation of (art. 12) Community law before national courts? Holding * Yes. Article 12...
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...I. Federalism: National and State Sovereignty A. The Argument for Federalism 1. Protecting Liberty 2. Moderating the Power of Government 3. Strengthening the Union B. The Powers of the Nation 1. Enumerated Powers 2. Implied Powers C. The Powers of the States II. Federalism in Historical Perspective A. An Indestructible Union (1789–1865) 1. The Nationalist View: McCulloch v. Maryland 2. The States’ Rights View: The Dred Scott Decision B. Dual Federalism and Laissez-Faire Capitalism (1865–1937) 1. The Fourteenth Amendment and State Discretion 2. Judicial Protection of Business 3. National Authority Prevails C. Toward National Citizenship III. Federalism Today A. Interdependency and Intergovernmental Relations B. Government Revenues and Intergovernmental Relations 1. Fiscal Federalism 2. Categorical and Block Grants C. Devolution 1. The Republican Revolution 2. Devolution, Judicial Style IV. The Public’s Influence: Setting the Boundaries of Federal-State Power Chapter...
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...CJA 483 criminal justice system ( A+Material ) Get Tutorial by Clicking on the link below or Copy Paste Link in Your Browser https://hwguiders.com/downloads/cja-483-criminal-justice-system-amaterial/ For More Courses and Exams use this form ( http://hwguiders.com/contact-us/ ) Feel Free to Search your Class through Our Product Categories or From Our Search Bar (http://hwguiders.com/ ) CJA 483 Choose a component of the criminal justice system: police operations, court systems, or corrections. Write a 700- to 1,050-word paper that answers the following questions: a.What is your definition of justice as related to the component you selected. b.What are three current practices of the component selected that demonstrate the successful achievement of your definition c.What do you see as the three biggest challenges in the next 10 years for the component. Format your paper consistent with APA guidelines. Abstract Jenkins (2011) contends that Americans have increasingly turned toward the American court system as a matter of redress and protection (p. 1). Seeking justice from a dualistic entity charged with fairness, interpreting and honoring the law, ensuring retribution is granted when warranted and protection from abuses of authority and/or due process is maintained in accordance with the Constitution and federal and state statutes, the court system balance these dualistic duties and obligations to society and the government (p. 1, 2). Since September 11...
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...January 2013 ‘The courts direct effect decisions transformed the whole nature of the European Union from International organization to something like a federal union.’ (Shapiro) Discuss… The Phrase international organisation can be commonly defined as entities established by formal political agreements between their members that have the status of international treaties; their existence is recognised by law in their member countries; they are not treated as resident institutional units of the countries in which they are located. This definition is what the vast majority of people would class the European union as; an international organisation. ‘International organisations’, those that include the UN (united nations), tend to leave their decision making processes to the executives and those who are higher up in the organisation, which can leave the public, the legislation the organisation is designed to protect, feeling disillusioned from the organisation and not feel as if they get a say. This is something that the EU attempted to prevent and made some progress with the Lisbon treaty, ‘representing the culmination of decades of Treaty reform, to create a closer relationship between the institutions and public’. In contrast, a federal union is a political entity that is characterised by a union of partially self-governing states or regions united by a central government. An example of a federal union is the United states of America. As it has so many states within its country...
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...Running head: WARREN VERSUS REHNQUIST COURTS Warren versus Rehnquist Courts Michael Walker Park University Abstract The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and...
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...political issues c. ethical issues d. legal issues e. all of these issues can impact operations ANSWER: e (page 3-4) National: AACSB Analytic; Diversity; AICPA BB-Legal 2. Which area of law is most likely to impact directly the finance and accounting departments of a company? a. products liability b. employment discrimination c. credit regulation d. environmental law e. all of these are likely to impact about the same ANSWER: c (page 3) National: AACSB Analytic; AICPA BB-Legal 3. Which is generally recognized as the best (most correct) definition of law? a. a body of rules of action or conduct prescribed by controlling authority, and having binding legal force b. that which must be obeyed and followed by members of a society subject to sanctions or legal consequences c. the circumstances in which the public force is brought to bear through the courts d. a rule of conduct that justifies a prediction that it likely will be enforced by the courts if its authority is challenged e. all of the other choices are correct; there is no one agreed upon best definition ANSWER: e (page 3) National: AACSB Analytic; Communication; AICPA BB-Legal 4. Which of the following is an accepted definition of...
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...499 Strayer University Dr. Diane Barrs Introduction The issue of domestic violence did not come to national attention until the early 1960’s. A doctor, C. Henry Kempe, M.D., brought national attention to child abuse as being the common cause of injuries and/or death for children. Domestic Violence is the number one public health problem in the United States, and affects all aspects of society in amazing dimensions, being the number one killer of women. In addition, the information was not based on a very wide demographic as well as each state having different definitions of Domestic Violence making it hard to accurately determine the expenses to the court system. A revision to the current legal system would need to be done in order to protect the victims and combat the cost of domestic violence on the courts. As the issue of domestic violence became noticed, it started to overwhelm the legal system. In calculating the Cost of Domestic Violence on the legal system, namely the courts, you must include offender programs, the cost of recidivism, and administration. OFFENDER PROGRAMS A domestic violence court promotes a coordinated, multi-disciplinary approach to improving the criminal justice system’s response to domestic violence, family violence and child abuse. The domestic violence court specializes in a court docket handled by a dedicated judge and court staff and linked to key partners, which serves to address gaps in traditional domestic violence case processing...
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...comments from the industry and public have influenced the FAA to either change or abolish the propsed regulation all together. When the process has run its course, the FAA issue’s a Final Notice of Rule Making. This notice will set forth the final rule as it will be adopted and an effective date for it to take effect. Under the Code of Federal Regulations (CFR), Title 14-Aeronautics&Space, Part 13 Investigative and Enforcement Procedures, Subpart B-Administrative actions, the FAA may administer a “Warning Notice” which deals with the available facts and information about the incident or condition and shows that it may have been a violation. The FAA may also give a “Letter of Correction” that acknowledges the FAA decision in the matter and states a necessary corrective action the violator has taken or agrees to take. If the administrative process does not work, the FAA may invoke Subpart C-Legal Enforcement Actions; the FAA can enforce the regulations by instituting civil penalties. Civil penalties include, fines, summary seizure of aircraft (if being able paying the fine is...
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...United States of America —A Presidential Regime The United States of America is a country in which the President, the Congress, and the Federal Courts share powers according to the US Constitution. The federal government shares sovereignty with the all of the individual state governments, of which there are 50. It is a presidential Democratic System of Government. Branches of the Government: The President is the head of the executive branch and is separate and independent of both the legislature and the judiciary branches. The election for President is held every 4 years in the month of November. An elected president can serve 2 terms which limits him to 8 years of service. The president has a cabinet and they act as a group of advisers...
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