...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: Oxford...
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...Purpose: To inform my audience about Epperson vs. Arkansas court case dealing with the religious schooling taught in public schools. Central Idea: The Supreme Court case between Epperson and Arkansas deals with the problem of whether it’s ok or not to teach the Evolution theory to children in the state of Arkansas. Type of Speech: Supreme Court Organizational Pattern: Event Introduction: Attention Getter: How many people were taught the Theory of Evolution in a high school class? Thesis: In this speech I will present the facts of the court, the religious views of Evolution, both sides of this argument, including Susan Epperson’s side and Arkansas State’s side, and the judicial decision. Preview Statement: In this speech I will present the facts of the court, with both sides of the argument, and the judicial decision. (Trans: I will begin today by presenting how the theory of evolution contradicts religion). Body: I. In the case of Epperson vs. Arkansas, the driving force behind the ban of the theory of evolution were moral views. A. The population of Arkansas in the 1960’s was made up of rural traditional families with conservative views. 1. The conservative views were mainly affiliate with religious beliefs. 2. The driving force behind the outlaw of the teaching of evolution was the fact that evolution, “contradicts a literal interpretation of the first chapter of Genesis.” 3. In the first chapter of genesis, the bible explains how god created the world...
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...Warriors Don’t Cry: Notes, Summaries, and Other Information Key Facts full title · Warriors Don’t Cry: A Searing Memoir of the Battle to Integrate Little Rock’s Central High author · Melba Patillo Beals type of work · Memoir genre · Nonfiction, memoir, biography language · English time and place written · 1990s, The United States date of first publication · 1994 publisher · Pocket Books narrator · Melba Patillo Beals point of view · The book is the story of Melba’s teenage life, and the adult writer, Melba, is both the narrator and the protagonist. Melba tells the story from the first person point of view. tone · Restrained anger tense · Past setting (time) · Early 1950s setting (place) · Little Rock, Arkansas protagonist · Melba Patillo major conflicts · The attempt made by Melba and eight other African-American students to integrate into Little Rock High School rising action · The Supreme Court rules in Brown v. the Board of Education that separate schools are not equal; Melba volunteers to go to the all-white Central High School; Melba and eight other African-American students enter Central High. climax · Ernie becomes the first black student to graduate from Central High School. falling action · Unable to return for a second year at Central High School, Melba moves to California and lives with a white family; she becomes a journalist and reports on injustices around the world. themes · The shifting of power through...
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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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... 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 be familiar to you...
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...federal agency decisions will give an overview of regulatory powers, decision and the many ways to find them, while displaying concepts of judicial court opinions and their regulations. Learning by Doing Virginia State’s Public Record Availability Statute The State of Virginia Public Records Act was established and passed in 1975. This act allows records and documents accessible to the public, but only within the operation of an agency within the Commonwealth of Virginia. Public records are considered information that is documented and recorded and that gives transaction and/or activity of an employee, agency or public officer of the state. In no regards to the physical and characteristic form, if the transaction is in any connection of public business, it is considered as a public record. There are only three specific records that are not considered public, which are reference books, materials of exhibition and publications of stocks. “The General Assembly intends by this chapter to establish a single body of law applicable to all public officers and employees on the subject of public records management and preservation and to ensure that the procedures used to manage and preserve public records will be uniform throughout the Commonwealth (1976, c. 746.).” U.S. Supreme Court holding federal income The U.S. Supreme Court ruled that a direct tax on personal income was unconstitutional as a result of the case of Pollock v. Farmers‘ Loan and Trust Company. The lawsuit...
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...Book review: Public Interest Litigation in India: A Renaissance in Social Justice By Mamta Rao Contents 1. 2. 3. 4. 5. introduction……………………………………………………..3 description………………………………………………………6 narration………………………………………………………...7 exposition……………………….………………………………8 summary………………………………………………………...17 2 Electronic copy available at: http://ssrn.com/abstract=1627065 Book review: Public Interest Litigation in India: A Renaissance in Social Justice by Mamta Rao Copyright@ EASTERN BOOK COMPANY, LUCKNOW, 2002 ISBN: 81-7012-725-4 Price: Rs.155 Introduction This book gives a brief description on the past, present and future of the public interest cases in India and abroad. It proves to be an excellent guide to the law students especially at beginning of their studies. Author Dr. Mamta Rao is currently a lecturer of Durgawati University, Jabalpur. She is eminent author who has written a number of law related books for basic and advanced studies in law. Public interest litigation appeared in the Indian judicial scene in the mid-seventies when the rigid concept of standing proved to be an obstacle in achieving the great ideals of soceconomic justice. To disarm the strong and arm the weak was essential to change the social order. The judiciary such circumstances had to innovate new methods and devices, new strategies for providing access to justice to a large section of society which was deprived vulnerable. This way it could be an instrument of distributive justice. This book...
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...forcibly subjected to sex-related, humiliating actions against him by his co-workers in the presence of the rest of the crew. Mr. Oncale was also sodomized with a bar of soap and was threatened with rape. Mr. Oncale complained to his supervisor of the harassment to which no action of discipline was taken. Mr. Oncale eventually quit but was asking that his pink slip indicate that he “voluntarily left due to sexual harassment and verbal abuse. Mr. Oncale filed a complaint against Sundowner in the United States District Court for Eastern District of Louisiana alleging that he was discriminated against in his employment because of his sex. The District court granted summary of judgement to the defendant, writing that Mr. Oncale, a male, has no cause of action under Title VII for harassment by a male co-workers. Mr. Oncale appealed, the United States Courts of Appeals for Fifth Circuit affirmed the decision. The Supreme Court reversed the decision of the district court and remanded the case for further proceedings in accordance with the instruction that a male can be discriminated against by member of the same sex under Title VII. Does the Oncale decision transform Title VII in a general Civility code for the American workplace? Yes, recognizing liability for same sex harassment will transform Title VII into a general civility code for the American workplace. The risk is no greater for same –sex then for opposite’s sex harassment, and is adequately met by careful attention to...
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...considerations such as the employee’s age, race, sex, religion, national origin, or disability, or in retaliation for filing certain claims against the employer (Halbert & Ingulli, 2012). Scenario #1 – Ellen started a blog to protest the CEO’s bonus, noting that no one below the director has gotten a raise in two (2) years and portraying her bosses as “know-nothings” and “out-of-touch”. The National Labor Relations Board has issued reports, the first in August 2001 and the second in January 2012, in regards to whether or not an employee can be disciplined for social media messages. In these reports they list various situations where employee utilized Facebook as a forum to voice their opinions about their employer (NLRB, n.d.). As a summary, if the employees were engaged in protected concerted activity, meaning they were discussing everything with fellow employees who were also providing feedback, therefore the employee cannot be fired (NLRB, n.d.). In this case, I do not have enough information to say whether or not Ellen can be fired because I do not know if these comments were made in relation to...
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... Roll No. 740 Semester: 2nd History and Development of Law reporting in England and India “It is not open to the courts in India to question any principle enunciated by this Board, although they have a right of examining the facts of any case before them to see whether and how far the principle on which stress is laid, applies to the facts of the particular case. Nor it is open to them on account of “judicial dignity” or otherwise, to question its decision on any particular issue of facts” -Mata Prasad v. Nageshwar Sahai, 52 IA, 398, 417 Introduction: In England, the gradual development of the art of law reporting reflects the growth of the authority of precedent. A court is usually bound by the ratio decidendi of a case which is decided by a higher court, but in case of House of Lords and Court of Appeals they are bound by their own decisions. In several cases, such as, Scruttons, Ltd. v. Midland Silicones Ltd. it was decided that House of Lords can limit or question the ratio decidendi of a previous case. Almost the similar view was held in a case of Chancery Lane Safe Deposit and Offices Company, Ltd. v. Inland Revenue Commissioners, that House of Lords is not bound to follow...
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...Assignment #1 Learning By Doing PAD 525 Ronald Fitzgerald 1. This compilation of the Freedom of Information Act is unofficial and for the convenience of the public only. While every effort was made to attain complete accuracy herein, the reader is advised to consult the Connecticut General Statutes for the official codification of the law 2. In the year of 1894 the statute of the income tax was termed as being unconstitutional. It was officially termed as being unconstitutional in the year of 1895 for which an amendment which was not constituted in the congress. It was later challenged in the case of Pollock versus the farmers and it was then that the income tax norm was held totally unconstitutional by the supreme court of USA. It was due to the fact that it imposed a tax which was direct by nature on the real property as well as the personal property that was invested. 3. The federal statute authorizing the U.S. Secretary of Transportation to make payments to states for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications. a. The Secretary, from time to time as the work progresses, may make payments to a State for costs of construction incurred by the State on a project. Such payments may also be made for the value of the materials— b. that have been stockpiled in the vicinity of the construction in conformity to plans and specifications for the projects; and c. that are...
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...RUBRIC FOR ASSIGNED CASE PRESENTATIONS AND PAPERS 1. Each student will be assigned a case from the end-of-chapter cases in the text book. You are required to submit a paper on the case and to engage in an in-class discussion with the professor about the case. 2. The cases in the textbook are what lawyers call squibs. The squibs are short summaries of the case and not the full court opinion about the case. You will be able to do an internet search under the name of the case and find the full court opinion, which will have much more information than the squib in the textbook. 3. Using the information in the full case opinion, you will be required to do the following a. (up to 25 points) Submit a paper of 500 to 750 words on the case. The paper must treat the following areas: - what are the facts of the case? - what is the law that applies in this situation? - what is the issue? That is a statement of how the law applies to the facts of the case - discussion - make an argument that supports a particular outcome in the case. NOTE – you do not have to agree with the court’s opinion. Feel free to come to a different conclusion that the court did, if you think the law and facts support you. - state your conclusion. b. (up to 25 points) Be prepared to engage in an in-class discussion with the professor about this case. You should be very familiar with the law and facts and should NOT be referring to the textbook, the case or your notes during this discussion. The discussion will...
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...UNIT 1 Answer Key CHAPTER 1 CHAPTER 1 Section 1 Prereading and Vocabulary 2 Reading Comprehension 3 1. 2. 3. 4. 5. 6. oligarchy citizen democracy constitution state two basic levels; certain decisions; only the federal government; each of the states Federalism is a system of government in which power is divided between a central government and several regional, or state, governments. 1. Population; the people who live within the boundaries of the state 2. Territory; land with known and recognized boundaries 3. Sovereignty; the supreme and absolute power within a state’s territory to decide its own foreign and domestic policies 4. Government; the institution through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political...
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...Chapter Three Federalism: Forging a Nation Chapter Outline 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...
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...........................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint......................................................................................................................................12 Responses to the Complaint ................................................................................................................18 Motion Practice ....................................................................................................................................23 PART III DISCOVERY CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 11 CHAPTER 12 CHAPTER 13 CHAPTER...
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