...Bradley 1. The case study references one state statute. Identify it and explain what it prohibits. “The case study of State vs. Johnson references one specific state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object. A person commits an offense if he/she intentionally or knowingly desecrates, a state or national flag. “Desecrate” means to deface, damage, destroy, vandalize and/or mistreat in a way that the actor knowingly will greatly offend one or more persons are like to observe or discover his/her action. This offense is a Class A misdemeanor “(Case Study Texas vs. Johnson, 2014). The statue prohibits intentionally or knowingly desecrating, destroying, damaging, burning, mistreating of a state or national flag in public that will seriously offend one or more persons and is witnessed by one or more persons. This statue was made to prohibit only flagrant acts of flag desecration that take place in a public setting or place (Case Study Texas vs. Johnson, 2014). 2. Which branch of government created the state statute? The state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object, was created under legislative branch. The State’s interest is to prevent a breach of peace by prohibiting certain acts of flag desecration have been considered to be unrelated to the suppression of freedom of speech, the First Amendment of the Constitution. 3. The passage above also discusses one court case. Who were the parties...
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...PA205: Introduction to Legal Analysis and Writing Unit 1 Case Study In 1984, the Republican Party met in Dallas, Texas for their national convention. President Ronald Reagan, seeking a second term in office, was to be officially named the Republican Party’s candidate for President. During the convention, opponents of Reagan’s policies organized a political protest in Dallas, which attracted over 100 protestors. Among the protestors was Gregory Lee Johnson. As the demonstrators marched through the streets chanting slogans, another protester handed Gregory Johnson an American flag that had been taken from a flagpole at one of their protest locations. Upon reaching Dallas City Hall, Johnson doused the flag with kerosene and set it ablaze. Johnson and his fellow demonstrators circled the burning flag and shouted anti- American slogans. No one was injured or threatened with injury by Johnson’s act, but many who witnessed it were deeply offended. Dallas police officers arrested Johnson and charged him with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Johnson pleaded not guilty in Dallas County Criminal Court, and after a trial was found guilty of violating the statute. He was sentenced to one year in prison and fined $2,000. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). Johnson appealed his case to the Texas Court of Appeals, Fifth District, claiming that the statute under...
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... PA 205-01 Unit 1 Assignment * Read case study * Describe the difference between legislation and case law The main difference between legislation and case law is who makes them. Legislation (or statutory) law consists of laws that are passed by the legislature, that is legislative branch of the U.S. government, or other governing agency. Examples of legislation include rule regulations and statutes. Judges can interpret what legislative law signifies if a dispute arises about a particular statute’s meaning. Also, a judge can declare a statute unconstitutional if it conflicts with the U.S. Constitution or state constitution. Case law is court or judge made law. It is also referred to as common law. Case law, on the other hand, is not based in origin by the government or legislature but evolves with new decisions made by a judge or court (Cheeseman & Goldman, 2010). * Answer Questions 1. List a statute from the case study and explain what it prohibits The statute in the case of Texas v. Johnson was Texas Penal Code section 42.09(a)(3). This statute prohibited disorderly conduct by a citizen. The Cornell Law School’s Legal Information Institute (LII) noted that in this case, Gregory Johnson’s desecration of a venerable object (the U.S. flag) was viewed as disorderly conduct and a direct violation of this Texas statute ("Texas v. Johnson", n.d.). 2. List the branch of government that created the statute The...
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...This case study references the Texas Penal Code Annotated (Tex. Penal Code Ann. § 42.09(a)(3), which penalizes such physical mistreatment of "a national flag" as Mr. Gregory Lee Johnson should know this incident could possibly offend some people and cause a lot of controversy as well. The state of Texas Legislative branch created this statue. The case study discussed the court case of the state of Texas versus Gregory Lee Johnson. This case was heard by three lower courts before it reached the United States Supreme Court. The first court was the Texas Court of Criminal Appeals which is deemed the highest court in the state of Texas, the Texas Court of Appeals, Fifth District and Dallas County Criminal Court. The United States Supreme Court’s decision on the case rendered the Texas statute invalid for the charges made against Gregory Lee Johnson however; the Court did grant Texas permission to make flag burning punishable by law in instances where it constitutes an actual danger or lawless action. Common law is defined as law that has been developed on the basis of preceding rulings by judges. Common law is by far and wide based on judgments made in the past over hundreds of years. Common law is also known as case law and is of two types – one where judgments passed become new laws where there are no statutes and the other where judges interpret the existing law and determines new boundaries and distinctions. Determination of common law for a particular...
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... Texas v. Johnson, 491 U.S. 397 (1989) PA 205: Introduction to Legal Analysis and Writing, Unit one, Assignment 1). The case study references section 42.09 (a) (3) of the Texas Penal Code. The statute prohibits the desecration of a venerable object. 2). Legislative 3).The passage discusses the court case that involved State V. Johnson (Gregory Lee Johnson). 4). The three courts that heard this case: 1). Texas Court of Criminal Appeals (most authority) 2). Texas Court of Appeals 3). Dallas County Criminal Court (least authority) 5).Texas v. Johnson, 491 U.S. 397 (1989) 6). The Texas statute was struck down since the Supreme Court ruled it was inconsistent with the First Amendment. 7). Statutory laws are laws passed by sending a bill by passing it through a legislative body. Statutes are created when original court cases are heard and ruled upon. Case law is created by rulings that are a result of examining statutes. Case law can either uphold the original statute or strike it down. Case law turns out to be an interpretation, or a “second look” at statutes, determining whether or not they uphold the U.S. Constitution. Statutes can be either struck down after interpretation or continue to be enforced. If someone challenges the statute, it could travel all the way to the Supreme Court to be interpreted. The Supreme Court can provide a decision whether that statute is being applied in a constitutional manner. The state tried Johnson with a statute...
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...PA205-03 UNIT 1 ASSIGNMENT CASE STUDY QUESTIONS 1. The case study references one state statute. Identify it and explain what it prohibits. My understanding of the case study is that the identifiable state statute is section 42.09(a)(3) of the Texas Penal code, which prohibited the “desecration of a venerable object.” 2. Which branch of government (executive, judicial, or legislative) created the state statute? The legislative branch of government created the state statute. 3. The passage above also discusses one court case. Who were the parties involved in the case? The parties involved in the court case in the above passage are Gregory Lee Johnson and the State of Texas. 4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. Most authority = Texas Court of Criminal Appeals Middle authority = Texas Court of Appeals, Fifth District Least authority = Dallas County Criminal Court 5. Provide the citation for the United States Supreme Court’s decision in this case. After hearing the oral arguments and reading the parties’ appellate briefs, the Supreme Court, in a 5-4 vote, affirmed the decision of the Texas Court of Criminal Appeals. Texas v. Johnson, 491 U.S. 397 (1989). 6. What effect did the United States Supreme Court’s decision have on the Texas statute? Because of the...
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...ASSIGNMENT CASE STUDY QUESTIONS 1. The case study references one state statute. Identify it and explain what it prohibits. My understanding of the case study is that the identifiable state statute is section 42.09(a)(3) of the Texas Penal code, which prohibited the “desecration of a venerable object.” This statute helps to prohibit misuse and abuse of the state and American flag. 2. Which branch of government (executive, judicial, or legislative) created the state statute? The legislative branch, the Senate and House of Representatives, of government created the state statute. 3. The passage above also discusses one court case. Who were the parties involved in the case? The parties involved in the court case in the above passage are Gregory Johnson and the State of Texas. 4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. Most authority = Texas Court of Criminal Appeals Middle authority = Texas Court of Appeals, Fifth District Least authority = Dallas County Criminal Court 5. Provide the citation for the United States Supreme Court’s decision in this case. After hearing the oral arguments and reading the parties’ appellate briefs, the Supreme Court, in a 5-4 vote, affirmed the decision of the Texas Court of Criminal Appeals. Texas v. Johnson, 491 U.S...
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...Unit 1 Writing Assignment 1.) The case study references one state statute. Identify it and explain what it prohibits. The case study references Texas Penal Code section 42.09(a)(3) which prohibits the desecration of a venerable object. 2.) Which branch of government (executive, judicial, or legislative) created the state statute? The legislative branch, the Senate and House of Representatives, of the government created this state statute. 3.) The passage above also discusses one court case. Who were the parties involved in the case? The state of Texas and Gregory Johnson were the parties’ involved in this court case. 4.) The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. The case was heard by the Texas Court of Criminal Appeals which has the most authority, the Texas Court of Appeals, Fifth District with the middle amount of authority, and the Dallas County Criminal Court with the least amount of authority. 5.) Provide the citation for the United States Supreme Court’s decision in this case. After hearing oral arguments and reading the parties’ appellate briefs, the Supreme Court, in a 5-4 vote, affirmed the decision of the Texas Court of Criminal Appeals. Texas V. Johnson, 491 U.S. 397 (1989). 6.) What effect...
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...QUESTIONS 1. The case study references one state statute. Identify it and explain what it prohibits. Tex. Penal Code §42.09(a)(3) It prohibits the “desecration of a venerable object” (Case Study) 2. Which branch of government (executive, judicial, or legislative) created the state statute? The Legislative branch of the government created the state statute. 3. The passage above also discusses one court case. Who were the parties involved in the case? The parties involved in this case were the State of Texas and Gregory Johnson. 4. The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. United States Supreme Court, Texas Court of Appeals, Fifth District, Dallas County Criminal Court 5. Provide the citation for the United States Supreme Court’s decision in this case. Texas v. Johnson, 491 U.S. 397 (1989). 6. What effect did the United States Supreme Court’s decision have on the Texas statute? The United States Supreme Court struck down the statute, stating it violated the First Amendment of the Constitution. Legislation enacts statutes. Statutes are passed laws. Some statutes are “new law” and some “supersede or adopt common laws” (Yelin, Samborn, 2012). Codification occurs when the Legislative branch of the government “adopts a common law” (Yelin...
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...universities, hospitals and police forces, are more representative of the populations they serve.[9] Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the court's decision in Grutter v. Bollinger.[10] Affirmative action in the United States began as a tool to address the persisting inequalities for African Americans in the 1960s. This specific term was first used to describe US government policy in 1961. Directed to all government contracting agencies, President John F. Kennedy's Executive Order 10925 mandated "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[11] Four years later, President Lyndon B. Johnson elaborated on the importance of affirmative action to achieving true...
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...PAD 525 Discussions 4, 5, 6, 7, 8, 9 & so on……. Hope this helps ! Review Texas v. Johnson. Assuming you want to sustain the conviction, make the best argument you can for how that can be reconciled with the First Amendment. Of the opinions that would have sustained the conviction, which do you find most persuasive and why? Texas v. Johnson, 491 U.S. 397 (1989), was an important decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag enforced in 48 of the 50 states. Justice William Brennan wrote for a five-justice majority in holding that the defendant Gregory Lee Johnson's act of flag burning was protected speech under the First Amendment to the United States Constitution. Gregory Lee "Joey" Johnson, then a member of the Revolutionary Communist Youth Brigade, participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas. The demonstrators were protesting the policies of the Reagan Administration and of certain companies based in Dallas. They marched through the streets, shouted chants, and held signs outside the offices of several companies. At one point, another demonstrator handed Johnson an American flag stolen from a flagpole outside one of the targeted buildings. When the demonstrators reached Dallas City Hall, Johnson poured kerosene on the flag and set it on fire. During the burning of the flag, demonstrators shouted such phrases as, "America, the red, white, and...
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...he is in chains.” The quote establishes that as a human, one is free however no one is completely free. Laws are established to set boundaries on freedom. A lethal injection however goes beyond setting limits. Jon Sorenson and Rocky LeAnn Pilgrim define Lethal Injection in “Lethal Injection: Capital Punishment in Texas During the Modern Era” as a “injection of a lethal dose of prussic acid [cyanide]” (Sorenson & Pilgrim 2). Lethal Injection precludes the possibility of freedom for a prisoner who is later acquitted for murder as said in the Fifth Amendment, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in...
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...include costs for prosecuting and defense attorneys, interpreters, expert witnesses, court reporters, psychiatrists, secretaries, and jury consultants (“Costs of the…”) as well as “the necessity for two trials – one on guilt and one on sentencing” (Dieter). According to an article by the Death Penalty Information Center, “a non-profit organization serving the media and the public with analysis and information on issues concerning capital punishment in the United States” (“What’s New”), “the average cost of defending a trial in a federal death case is $620,932, about eight times that of a federal murder case in which the death penalty was not sought” (“Costs of the…”). Take the state of Washington for example. A study conducted by the University of Seattle determined that “in Washington each death penalty case cost an average of one million dollars more than a similar case where the death penalty was not sought (on average $3.07 million v. $2.01 million)” (“Costs of the…”). Similarly “since the death penalty’s reinstatement in Washington in 1981, Washington has carried out five executions, each costing an average twenty four million dollars” (“Costs of the…”). This exorbitant cost can also be exemplified through the state of California, where the expenditure of maintaining the death penalty has totaled over four billion dollars since 1978 (“Costs of the…”). That is the equivalent price of 20,000 2015 Lamborghini Huracans which is allocated from the state’s budget. An article...
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...Research examples of advertising that could be considered deceptive or otherwise objectionable. Based on your research write a 700-word APA style paper. Advertising is the nonpersonal communication of information usually paid for and usually persuasive in nature about products, services or ideas by identified sponsors through the various media."(Bovee, 1992, p. 7). Consumers are greatly influenced by countless advertisements urging them to purchase products that they may or may not need or want. While many of these advertisements honestly inform and educate consumers, some are false, deceptive, and even illegal. An advertisement is considered deceptive if there is a "representation, omission, or practice that is likely to mislead the consumer". The advertisement does not necessarily have to cause actual deception, but, according to the Federal Trade Commission (FTC), the act need only likely mislead the consumer (Federal Trade Commission, 1998 [on-line]). Advertising that makes false claims or misleading statements, as well as advertising that creates a false impression. If retailers systematically advertise merchandise at low prices to get customers into their store and then fail to have the merchandise, they are guilty of deceptive advertising. Deceptive practices can take many other forms as well, such as false promises, unsubstantiated claims, incomplete descriptions, false testimonials or comparisons, small-print qualifications of advertisements, partial disclosure,...
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...District Progress Monitoring Exam. The words in italics are suggested related concepts for your study. Fall 2013 DPM: End of Sem – AP Govt Blueprint of TEKS (1) History. The student understands how constitutional government, as developed in America and expressed in the Declaration of Independence, the Articles of Confederation, and the U.S. Constitution, has been influenced by ideas, people, and historical documents. The student is expected to: (E) examine debates and compromises that impacted the creation of the founding documents; 3/5 Compromise, Great Compromise, voting qualifications, selection of president, bicameral legislature 2) History. The student understands the roles played by individuals, political parties, interest groups, and the media in the U.S. political system, past and present. The student is expected to: (A) give examples of the processes used by individuals, political parties, interest group or the media to affect public policy; voting, electioneering, lobbying, watchdog (B) analyze the impact of political changes brought about by individuals, political parties, interest groups, or the media, past and present. (3) Geography. The student understands how geography can influence U.S. political divisions and policies. The student is expected to: (C) explain how political divisions are crafted and how they are affected by Supreme Court decisions such as Baker v. Carr. (7) Government. The student understands the American beliefs and principles reflected...
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