...Many landmark cases in the United States are still being referred to by courts today. One of those cases is the Marbury v. Madison court case. The case established that the judicial department has absolute power to review any laws passed in the country and determine whether they comply with the U.S. Constitution. This essay will present a short overview of the case and discuss its importance. The Marbury v. Madison court case is one of the oldest and most important court cases in the United States. The case dates back to 1801 when President Adams recommended 52 candidates for different positions in judicial offices at the very end of his presidential term (Ray 210). These nominations were a last-minute move to prevent the next President, Jefferson, from filling the available positions with the loyalists of his party. Although most of the nominees were granted positions in various judicial offices, several commissions were not delivered. After the inauguration of Jefferson, the undelivered commissions were disregarded completely (Ray 210). Therefore, President Jefferson’s decision not to allow the commissions of Adams’s appointees to be delivered led to the Marbury v. Madison court case. This prompted the appointed candidates to appeal to the Supreme Court for their commissions to be delivered (Ray 210)....
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...Supreme Court The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil. Court Of Appeal Civil Division The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision. Criminal Division This division is presided over by Lord...
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...to criminal prosecutions. These rights are important, without them we could simply be locked away and not know why, or be convicted without being able to defend oneself. The Sixth Amendment is as follows: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense (U.S. Const. amend. VI). In today’s society, the Supreme Court has decided that the Sixth Amendment also means in federal courts, counsel must be provided for indigent defendants unable to obtain their own attorneys. The Supreme Court has made many decisions shaping the Sixth Amendment into what it is today while keeping it close to its original intent I believe. Some of the influential cases are: Johnson v. Zerbst, Betts v. Brady, Gideon v. Wainwright, Argerisnger v. Hamilton, Faretta v. California, and Strickland v. Washington. I decided to highlight these decisions because I believe they are good examples of how the Sixth Amendment has been interpreted and sculpted to fit in today’s world. Indigent felony defendants in federal court are entitled to court-appointed counsel, decided in 1938 in Johnson...
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...Anthony Cuda HST 388 Court in Context 9/21/14 McCulloch vs. Maryland Court in Context In order to fully understand how gauge whether a Supreme Court case is impactful, it is necessary to understand the types of Supreme Court cases that make up the majority of cases. According to Hall, the Supreme Court has roughly five limited functions; these are “regime enforcement, division of labor, overcoming gridlock, blame avoidance, and legitimation.” These functions are important to understand to really classify a Supreme Court case as truly important. For most people, who do not know history very well, it can be hard to understand how a case tried over 200 years impacts their life today. In the cases succeeding Marbury V. Madison (the first case to use a process known as Judicial Review) we can see these functions being exercised and develop over time....
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...suspect can be cautioned. However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District Courts. The Supreme Court is the court of last instance. Courts of First Instance start in the Magistrates for criminal cases, this is where the defendant may want to be granted bail and this is where the trial will be. If the claimant or defendant does not like or agree with the final decision they can decide to make an appeal. You...
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...least three landmark cases made by the U.S. Supreme Court and discuss their impact on the Juvenile Justice system. There are numerous opinions handed down by the United States Supreme Court that had a significant impact on the system of juvenile justice. As discussed in the textbook, some of the most important cases were decided in the 1960’s and the 1970’s as the “get tough” movement was taking shape. These cases include Gideon v. Wainright, 372 U.S. 335 (1963); Kent v. United States, 383 U.S. 541 (1966); In re: Gault, 387 U.S. 1 (1967); and McKeiver v. Pennsylvania, 403 U.S. 528 (1971). The case of Gideon v. Wainright, 372 U.S. 335 (1963), involved a defendant (Gideon), who, after being arrested and brought to trial,...
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...The U.S. Supreme Court issued a landmark decision regarding federal liability in the case of inmate abuse at the hands of correctional officers. Kim Millbrook was a transgender inmate serving out a sentence at the United States Penitentiary in Lewisburg, Pennsylvania. He alleged that a Bureau of Prisons correctional officer forced him to perform sexual acts while being detained by a fellow officer, with a third standing watch. The Department of Justice, acting as counsel for the Bureau of Prisons, motioned for this case to be dismissed. Their argument relied upon the Federal Torts Claims Act, granting immunity to the federal government from such claims (Neither the Federal District Court nor the Third District Court of Appeals felt that Millbrook...
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...Civil Court System 13 February 2014 14/15 Sarah Harvie-Clark This Briefing provides an overview of the civil court system in Scotland, including a description of the main civil courts and the hierarchy associated with them. It also provides an introduction to the key terminology associated with the civil courts and a brief overview of other bodies and individuals associated with the civil courts system. The Briefing is intended to be useful background for those with an interest in the Courts Reform (Scotland) Bill. For an overview of the system of criminal courts in Scotland see the SPICe Briefing entitled The Scottish Criminal Justice System: the Criminal Courts (McCallum 2011). CONTENTS EXECUTIVE SUMMARY 3 AN INTRODUCTION TO THE CIVIL JUSTICE SYSTEM 4 THE SCOTTISH CIVIL COURTS AND TRIBUNALS 6 OTHER RELEVANT BODIES AND INDIVIDUALS 12 SOURCES 13 RELATED BRIEFINGS 18 2 EXECUTIVE SUMMARY The justice system in Scotland is split into two distinct parts: the criminal justice system and the civil justice system. The distinction between the two parts of the system is as follows: the criminal justice system exists to prosecute, or otherwise deal with, those who commit crimes. On the other hand, the civil justice system exists to give people and organisations a way to protect and enforce their legal rights and to regulate disputes in respect of those rights. Each part of the Scottish justice system has its own courts and processes...
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...Supreme Court Case Jamie Wallace CJA/354 August 5, 2012 Graham Quisenberry The Supreme Court case I chose for my assignment is titled “Supreme Court mostly rejects Arizona immigration law; gov says ‘heart’ remains.” Immigration is a controversial area for society and the law in United States, even more so after the terrorist attacks in 2001. The state of Arizona in April 2010 implemented laws that would crack down on immigration violators to protect the citizens of Arizona and the citizens of the United States. The summary of what this article covers is the U.S. Supreme court struck down key portions of a law that was enacted by the state of Arizona in April 2010. According to the Cohen (2012) website Arizona sought to deter illegal immigration that allows a provision to check a person’s immigration status while still enforcing other laws. The ruling behind the Supreme Court’s decision is that the federal government has the power that can block any law and all of Arizona’s authority figures must comply with the federal law when conducting any immigration status checks or they may face challenges considered to be unconstitutional. What interested me the most about the article is the controversy that surrounds this subject. Racial profiling is a controversial subject that brings much debate with it. When one looks at the law and what law enforcement officers do as part of their duty, at times there is racial profiling that will take place...
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...politics, secures our rights, and defines the nation. It creates the institutions and practical arrangements by which we express our consent and govern ourselves. The development, design and structures of constitutionalism in the United States are important not because these concepts are old, or even exclusively ours, but because they form the basic architecture of American Liberty. Who controls the nation’s immigration laws- Congress or Executive? Although the question seems straight forward, the historical picture is mixed, and the text of the U.S. Constitution does not point clearly to the answer. While the Constitution’s text and the various Supreme Court cases interpreting this text suggest that the federal government has the exclusive power to enact and enforce the nation’s immigration laws, state and local authorities still play an important role in regulation of immigration because they shape the conditions of daily life for immigrants in their jurisdictions. This piece of writing will in the best possible way, clearly explain who between Congress and Executive should be responsible for immigration laws and conclude that, Congress according to the U.S constitution, is and should be responsible for immigration laws using related law cases as example. Article I, Section 8, clause 4 of the Con¬stitution entrusts the federal legislative branch with the power to “establish an uniform Rule of Naturalization.” This clear textual command for uniformity establishes that the federal...
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...an important part of society, and ensure that the direction that particular region or area’s leader wants it to move in takes place. For example, each state within the United States operates under its own set of laws, but is at the same time, is bound to the federal laws laid out in the United States Constitution. In fact, the Constitution, can and will, take precedent over any state law. The State of New Jersey has one of the simplest court systems in the nation, with only a few basic types of courts. The court systems are the municipal courts, tax court, state superior court, an Appellate Division, and the New Jersey Supreme Court. Most citizens will come in contact with only the municipal courts, which deal with motor vehicle violations, minor criminal-type offenses, municipal ordinance offenses, and other minor offenses. The tax courts deal with exactly that, appeals of tax decisions made by County Boards of Taxation. The superior courts work with cases that involve criminal, civil, and family law cases. Typically, the superior court is called trial court, because it is the court system where trials are conducted. The appellate division is the court system that hear appeals from the tax courts and trial courts. Lastly, the New Jersey Supreme Court is the highest appellate court,, and reviews cases from all of the lower courts (New Jersey Judiciary, 2015). The court system in the State of New Jersey is vastly different when compared to the Federal court system...
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...UNITED STATES DISTRICT COURT WESTERN DISCTRICT OF MICHIGAN SOUTHERN DIVISION ESTATE OF ROLAND ROHM, by its Personal Representative, Geraldine Livermore, Plaintiff, vs. Case No. 1:04-CV-552 Hon. Richard Alan Enslen DANIEL LUBELAN, individually, JOHN JULIN, individually, JERRY ELLSWORTH, individually, STEVE HOMRICH, individually, DAVID BOWER, individually, jointly and severally, Defendants. _______________________________________/ Of Counsel: HILL AND ASSOCIATES, LLP DeClercq Druminski & Perlman James D. Hill (P88332) Anthony J. DeClercq Attorney for Defendant Attorney for Plaintiff 161 N. Clark St. 55171 Pacific Ridge Drive Chicago, IL 60601 Macomb, MI 48042 (913) 706-9986 (586) 321-7630 JamesDonaldHill@gmail.com decler16@msu.edu January 12, 2002 DEFENDANTS’ BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT TABLE OF CONTENTS Table of Authorities........................................................................................................ii Issues Presented...............................................................................................................1 Statement of Facts...........................................................................................................1 Summary of the Argument..............................................................................................3 Standard of Review................................
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...The “Hosanna-Tabor” Case in the US Supreme Court Introduction “Evangelical Lutheran Church and School Hosanna-Tabor v. Commission for Equal Employment Opportunities-CIOE” is a famous case decided in January 2012 by the United States Supreme Court. It addressed the right to religious freedom and the establishment clause, the "ministerial exception" and the limits of state intervention in the internal affairs of a church. Arguably, "Hosanna-Tabor" is the most important case on religious freedom to reach the Supreme Court in the last 20 years. A case in which the Supreme Court established a milestone in the understanding of cases involving labor relations and religions institutions. More specifically on the scope of the term "ministerial exception" as well as the "establishment clause and free exercise", brought by the First Amendment of the US Constitution. Analysis of the Decision The Supreme Court reviews, in this case, an argument between the interpretation of the constitutional provision in the Americans with Disabilities Act, which protects people with disabilities in hiring and against dismissal without cause. The issues raised are as follows: Can a disabled person to be fired from his or hers job, even if the employer is a religious organization? What is the limit and the scope of the "ministerial exception" and the "free exercise clause", especially when there is a conflict with other values? More specifically, what was discussed was whether...
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...One extremely important case that test the limits of the Bill of Rights is the case of Texas v. Johnson. Gregory Lee Johnson was at the 1984 Republican National Convention when he burned the American flag as a form of protest to the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that stopped the dishonor of respected items such as the desecration of the flag. A Texas court tried to convict him. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The issue being discussed is symbolic speech. Whether or not the burning of the flag is considered symbolic speech. Symbolic speech which is protected under the first amendment. The Supreme Court agreed to hear his case. He was found not guilty. freedom of speech protects actions that society may find very offensive, but society's outrage alone is not justification for suppressing free...
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...Criminal law 1 IN T R O D U C TI O N This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It will give you an overview of the process by which Acts of Parliament come into existence as well as introducing you to European Union legislation and the European Convention on Human Rights, both of which have an influence on the law in the UK. You will also gain an understanding of the criminal courts in which cases are heard and the systems of law reporting which allow access to the judgments of those courts. As well as exploring the sources of law, this chapter will show you how to find legislation and case law using a variety of online resources. Finally, the chapter will give a brief introduction to finding the criminal law of overseas jurisdictions. An understanding of the criminal law is important to the study of criminology as it is the criminal law that defines certain forms of conduct as criminal. This criminal law can be contained in both statute law and case law, so it is essential that you understand the origins of both and the ways in which they interrelate. You should see that the criminal law is constantly changing and evolving in response to social, political, and technological influences which manifest themselves in new statutes or judicial interpretation of existing law. If you are studying criminology as an option on a law degree, then the content of this chapter should already...
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