...The Marbury v. Madison case is a Supreme Court case from 1803 that challenged judicial review by the courts regarding acts of congress, specifically, the appointment of federal judges by John Adams after losing the election in 1800 to Thomas Jefferson and congressional approval of the appointments before the newly elected president and the judges could be sworn into office. Another largely known case from the 1800’s is the McCulloch v. Maryland case of 1819. Which was a supreme court case that challenged a states right to tax a congressionally established bank and if the congress has the authority to establish a bank of the United States. In the 1803 Supreme Court case of Marbury v. Madison, the principle of Judicial Review was first introduced and the Supreme...
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...A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, apex court, and highest court of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states do not tend to have singular highest courts. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia; this is because decisions by the High Court could formerly be appealed to the Privy Council. In a few places, the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, which is superseded by the New York Court of Appeals, and the former Supreme Court of Judicature of England and Wales. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court, and supreme courts for each member state, with the former having jurisdiction over the latter only to the extent that the federal constitution extends...
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...The Preamble to the United Constitution is the introductory portion of the constitution. It has no other function other than that it establishes the fundamental principles upon which the constitution is based. It does not recognize any right. In fact, it was never used as a basis for the recognition of the right. It does not also grant any power on the part of the federal or the state government. In fact, it was never used as a source of authority for the government. However, this does not mean that it is not important. Since the Preamble establishes the guiding principles upon which the United States Constitution was based it can be used as a basis for interpreting vague and doubtful provisions of the United Constitution. The United States Constitution is the primary document which establishes the fundamental powers of government. The United States Constitution distributes the main powers of the government to its three main branches which are the Executive, Legislative and the Judiciary. These three departments perform different functions. In the performance of these functions that are assigned to them, these three departments are the ultimate authority. For instance, the Executive is the sole department that executes the law. The Legislative is the sole department that makes and alters laws. The Judiciary is the sole department that interprets laws. The powers of the government have been conveniently divided to these three departments. This is known as the...
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...Roles and Functions of Law ETH/321 September 29,2014 Roles and Functions of Law Today I will cover several topics. I will be discussing the comparison and contrast of the federal court structure with the state of Illinois court structure, the roles of law and courts in today’s business environment and the concept of judicial review. I will also explain how laws and regulations affect the childcare industry. The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear. State courts have broad jurisdiction, so the cases individual citizens are most likely to be involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually tried in state courts. The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases. Federal court jurisdiction, by contrast, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear cases in which the United States is a party, Cases involving violations of the U.S. Constitution or federal laws (under federal-question jurisdiction), Cases between citizens of different states if the amount in controversy exceeds $75,000 (under diversity jurisdiction), and Bankruptcy, copyright...
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...Court System of the United States Curtis Sweed May 19, 2013 AJS/502 Professor John Baiamonte, Jr. In the United States every person is given the right to pursue life, liberty, and freedom. When people fail to comply with the laws of the United States there is a penalty that comes with failing to obey the laws. In the United States the court system consist of the federal court system and each state court system. States are given the right to enact laws and regulations that is best for the interest of each citizen of that state. Many states have laws that other states do not have. Each state is different but is ultimately rule by the federal government. In Texas the court system consist of Justice Court, Municipal Court, County-Level Court, District Court, Court of Appeals, Supreme Court, and the Court of Criminal Appeal. Texas leads the nation in execution and one of the largest populations of offenders incarnated in the free world. Texas seems to practice a policy of being "tough on criminals," reflecting the belief of most Texans that a strong deterrence is the most effective crime-fighting policy. Texas has the highest incarceration rate of any state or Western industrialized nation and is the leading state in both sentencing people to death and the number of prisoners executed (Dille, 2008). The Texas court system is built around a primary county. These counties are name county seats. These counties are the location of all major court system. Each town has a jail...
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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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...and Functions of Law Lori Davis The federal systems consist of three courts. Those courts are the Supreme courts, courts of appeal, and district courts. They all play a major role in the federal systems. However, the federal systems are different from our state courts structure. The courts of Wisconsin’s court system are the municipal, circuit, court of appeals, and the supreme courts. They both differentiate in various amounts of areas. In this assignment, the roles and functions of the law will be discussed and explained. Federal Courts Structure vs. Wisconsin Courts Structure The federal system of government in which power is shared between the federal government and the state governments. The federal structure starts with the lowest level, which is district courts. The district courts have no jurisdiction. The next level would courts of appeal, and the last level is supreme courts. The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. The Supreme Court is the highest court in the United States. The Wisconsin courts structure starts with municipal courts, which has no jury trials. The next level would be circuit courts. Circuit courts may have jury trials in most cases. Federal courts and state courts are two parallel sets of court with different and sometimes overlapping jurisdiction. . Depending on the dispute or crime, some cases end up in the federal courts, and some end up in state courts. Concept...
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...2018 State vs Federal Judiciary Judiciary is one of three branches of government; the other two are the Executive and Legislative branches. The purpose of judiciary is to interpret and protect the law. Judiciary acts like a guardian for our Constitution in our court system. Within the boundaries of each state and coexisting with state courts are numerous federal district and appellate courts that function independently. It may seem overwhelming and baffling to consider what legal matter may be decided in which forum. But for the most part, federal and state courts have their own separate purpose and part in applying the laws before it and administering justice to all. Federal Judiciary The...
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...Law Opinion CJA/224 June 6, State and Federal Court System There are two kinds of courts within the United States; those courts are state and federal courts. The establishments of state and federal courts are local and state courts are established by the state. Federal courts are established by the U. S. Constitution. This established court decides arguments that involve the constitutional laws. State courts have a broaden jurisdiction, those cases are most likely to involve robberies, traffic violations and family disputes and those cases are normally held in state court. The Constitution of the United States (U.S.) has established a system in which the federal government will have limited power and all remaining power will be the decision states. This is proof of powers being shared that defines an interaction among the federal and state courts (Fine). The U.S. judicial system composed multiple autonomous courts, an integrated system that is worked into various geographic units and levels of hierarchy. With that on mind every state will have a court system with systems of local courts that will abide within the state. According to (Fine) both federal and state court structures will have the U.S. Supreme Court as the final arbiter of federal law, as the highest court of every state is called the Supreme Court; and the Supreme Court will have the power to interpret the matters of the law of that state. The criminal laws of the U.S. are a sound productivity of...
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...Role of the United States Constitution Paper Thomas Hofmeister University Of Phoenix BUS 415 David Cory June 9, 2009 Role of the United States Constitution Paper The Constitution of the United States and their legal system has impacted the guidance and operation of all types of businesses. For example, if an individual breaks the law, he or she maybe ordered to pay a fine and in some cases be imprisoned. The same thing happens if a business breaks the law. The only difference between an individual breaking the law and a business breaking the law is the company can also be taken over by the federal government for tax evasion and even be closed down. The company has the responsibility to hire legalized employess to be able to work for the. According to (Justia, 2005), “The United States Constitution and the United States legal system play a significant role in business regulation. The laws under these elements provide successful operations of business and society. They provide a standards and expectations while giving us a guideline for our business conduct and a means for settling disputes within corporations. In addition it enhances free competition and personal freedom. Without these laws that govern businesses and people, society would not function efficiently and commerce would likely disintegrate. Although the laws appear to be simple, the United States Legal system is incredibly intricate. The laws are a collection of different types. It can include common law...
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...Role and Function of Law Student Name Law/421 Date George Williams Role and Function of Law Law is an essential part of business and society. The definition of law is, “Any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience” (ALM, 2013, P. 1). There are four common types of law constitutional law, statutory law, common law, and administrative law. Each of these four types plays a different role in the regulation of business and society. In addition to the types there are also three common categories of law criminal and civil, substantive and procedural, and public and private laws. Law is an integral part of the present-day workplace and affects the decisions management and leaders make. Function and Role of Law Law is an essential part of what allows business and society to be successful. Societies use law to keep the peace, enforce standards of conduct, maintain order, facilitate planning, and promote social justice (Barnes, Dworkin, & Richards, 2011). Chaos would reign supreme without laws to guide decisions. The United States law is a complex system broken down by types and categories. Types of Law The four common types of law each have a different purpose. Constitutional law deals with the interpretation and implantation of federal and state constitutions, the Constitution is the highest form of the law. Laws...
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...Banjos (State vs. Federal) The United States Judicial System Dee Montano CJA/204 April 3, 2012 Sherre D. Corniel The Dueling Banjos (State vs. Federal) The United States Judicial System Frustration, confusion, and complexity; these three words can and are used regularly to describe the justice system within the United States. A better understanding of the history, principles, and role of the dual court system is necessary for a comprehensive understanding of the American justice system. FEDERALISM vs. ANTI-FEDERALISM The roots of the modern court system in the United States can be found in the principle of federalism. When the delegates met in Philadelphia for the Constitutional Convention among other issues that needed to be addressed was a national judicial system; the Articles of Confederation was woefully inadequate in providing for this. The dual judicial system that exists today was given life with the passage of Article III of the U.S. Constitution ("[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.") Article III was a compromise between the Federalists, supporters of a strong central government, who thought that the federal judiciary should contain all of the courts (trial, appellate, and supreme). Whereas the Anti-Federalists, proponents of states’ rights, believed that an all-inclusive federal judiciary would minimize states’ rights...
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...DIRECTOR, MISSOURI DEPARTMENT OF HEALTH SUPREME COURT OF THE UNITED STATES 497 U.S. 261 June 25, 1990, Decided Facts: In 1985 Nancy Cruzan was in a car accident that left her in an unconscious state with no detectable cardiac or respiratory function. Paramedics were able to restore her heartbeat and breathing. She was then transported to a hospital were a neurosurgeon diagnosed her as having sustained probable cerebral contusions compounded by significant anoxia (lack of oxygen). Nancy Cruzan was deprived of oxygen from 12 to 14 minutes. She was declared to be in a “persistent vegetative state”, meaning that she had all her motor reflexes, but no significant cognitive functions. The parents of Nancy Cruzan had asked the hospital to remove the feeding and hydration tubes from their daughter, the hospital refused without a court approval. Procedural History: Authorization to disconnect the feeding and hydration tube was given by a state trial court which found “that a person in Nancy's condition had a fundamental right under the State and Federal Constitutions to refuse or direct the withdrawal of death prolonging procedures.” The state trial court also used a conversation that Nancy Cruzan had with a friend at the age of twenty-five. She had mentioned to her friend that she would not want her life to be sustained artificially unless she could live a halfway normal life. The case was then appealed to The Missouri Supreme Court which reversed the order to allow termination...
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...Court System Paper Jeffery Seigler AJS/502 11/10/2014 Donald Savell The Court system in America is one of the best court system in the world and each of the states inside the United States has its own unique system that they operate under. Each state has state laws and rules that are unique to their state and jurisdiction. There are different levels of the court system with each level performing a specific job and duty under the Constitution of America. So in this paper I will discuss the different levels of the court system and the function that they do. I will also give an overview of a major criminal court proceeding and discuss the elements and components of the court system. I will also identify and describe the distinguished features of the major court system ranging from the state-level Superior Courts, the Federal District Courts, through the U.S. Supreme Court. The State of South Carolina, Respondent V. Jarmel L. Rice, Appellant The Appellant in this case Mr. Rice plead guilty to one count of assault with the intent to kill and three counts of armed robbery and was sentence to 11 years in prison. At the time of this conviction Mr. Rice was only 15 years of age at the time and after a contested waiver from family court his case was sent to general sessions court were his sentence was handed down which bring us in front of the courts of appeals. Mr. Rice and his defense attorney Mr. Robert M. Pachak are arguing that Mr. Rice...
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...Imagine if Roe v. Wade, the Supreme Court case legalizing abortion throughout the United States, was repealed. Think about the consequences that would go along with reversing Obergefell v. Hodges, the Court case that legalized same-sex marriage across the nation. These two cases, along with so many others that provide such critical rights to United States citizens, could be taken away if Supreme Court justices are given term limits. Fundamental rights could be taken away with term limits because term limits could have the primary effect of creating a Supreme Court composed entirely of republicans. Term limits are a bad idea because judicial rulings would be based more on political ideology than on constitutionality, there is no unanimous theory as to how the transition would work, and the old age decline argument is flawed. One of the main reasons why term limits should not be put in place is because it would increase the likelihood that justices would make decisions based on their own political ideology and less on constitutionality. For example, if the Supreme Court were debating the constitutionality of a law that would repeal Roe v. Wade, a Republican term-limited justice may feel pressured to rule in favor of this stance simply because a majority of the justice’s political...
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