...Analysis of the Fifth Amendment Katrina Krolak, Katia Denis and Dan Mullen The University of Phoenix U.S. Constitution HIS 301 Georgia Mc Millen March 17, 2008 Introduction The Fifth Amendment provides for certain personal protections including the right to avoid self-incrimination and the potential for criminal convictions based on double jeopardy. The analysis of the Fifth Amendment in this research will review the background of the amendment, and various interpretations throughout history. The impact of the Fifth Amendment on American society, and the potential for changes in the future will also be researched. The classroom text of the course U.S. constitution and the Internet will be used as sources of reference. The Fifth Amendment “No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”(Lectric Law Library [LLL], N.D., page 1). The Fifth Amendment is one of 10 amendments included in the Bill of Rights that specifically deal with personal liberties from unjust searches to free speech. (Head, 2008, page 1). The bill of rights was ratified on December 15, 1791 (Karnis Landy & Milkis, 2004, page 16). The ten amendments in the bill of rights were intended to limit the control of the new government on personal freedoms. The Fifth Amendment specifically protects the citizen from self-incrimination...
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...A lot of precedents set by British law uphold fairness within the legal system and make decisions through articulate analysis and reasoned judgment, which American courts should value in their own cases. One example of American courts following British law is in the case of Somerset v. Stewart. (Week 12 Day 2) Somerset was freed and slavery was ruled as not supported and that no one could be enslaved in England and this influenced American law and eventually ended slavery. American courts looked into the Somerset case and led to their questioning of slavery and freedom in the U.S. While none of the amendments are directly correlated to the British common law, the ninth amendment does provide a clue as to the view of the framers of the Constitution in regard to following British common law. The ninth amendment recognizes unenumerated rights and acknowledges legal...
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...BUSINESS LAW PROF. PAUL YOUNG CHOI Attorney at Law Law Office of Paul Young Choi 5900 Sepulveda Blvd., Ste. 303 Sherman Oaks, California 91411 (818) 714-2226 (818) 714-2216 Fax paulchoi@mail.npu.edu Introduction Syllabus Book Attendance Integrity Policy What to expect from the class Functions of Law 1. Keeping the peace (Including making certain activities crimes) 2. Shaping moral standards (e.g., enacting laws that discourage drug and alcohol abuse) 3. Promoting social justice (e.g., enacting statutes that prohibit discrimination in employment) 4. Maintaining the status quo (e.g., passing laws preventing the forceful overthrow of the government) 5. Facilitating orderly change (e.g., passing statutes only after considerable study, debate, and public input) 6. Providing a basis for compromise (approximately 90 percent of all lawsuits are settled prior to trial) 7. Facilitating planning (e.g., well-designed commercial laws allow businesses to plan their activities, allocate their resources, and assess their risks) 8. Maximizing individual freedom (e.g., the rights of freedom of speech, religion, and association granted by the First Amendment to the U.S. Constitution) What is Law? Definition A body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. Qualities of Good Law ...
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...Supreme Court of the United States, Michael D. Crawford v. Washington. Michael Crawford was tried for assault and attempted murder for stabbing a man who was named, Kenneth Lee. Crawford stabbed Lee at his apartment on on August 5,1999. Police arrested petitioner later that night. Crawford claimed he had acted in self-defense when he believed Lee had picked up a weapon. Lee denied doing anything that might make Crawford believe he was trying to attack him. Michael Crawford contended that Lee had attempted to rape his wife, Sylvia. The police arrested him for the stabbing, and after giving both Michael and his wife, Sylvia, Miranda warnings, they interrogated both husband and wife twice. The statement Michael challenged under the Confrontation Clause came from a tape recorded interrogation of Sylvia. In her second interrogation, she gave a version of the fight between Michael and the alleged victim that at least appeared inconsistent with her husband’s self-defense claim. Sylvia’s tape recorded statement was introduced at trial against Michael even though he had no opportunity for cross examination. In reviewing the statement’s admission by the trial court, the Washington Court of Appeals and Washington Supreme Court applied slightly different tests grounded in the framework described by Ohio v. Roberts, a system that looks for “adequate ‘indicia of reliability. However, the two courts reached opposite results. The court of appeals reversed the conviction, finding no “particularized...
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...states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain all other powers. The relationship between the national government and the state governments is a partnership—neither partner is superior to the other except within the particular area of exclusive authority granted to it under the Constitution. B. The Separation of Powers Deriving power from the Constitution, each of the three governmental branches (the executive, the...
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...Symbiosis Law School, Pune (Constituent Symbiosis International Deemed University) Accredited by NAAC( UGC) with grade ‘A’ Post graduate department of law Pune Comparative public Law - I First Assignment “DISCUSS THE “EQUAL PROTECTION CLAUSE WITH RESPECT TO “14 TH AMENDMENT OF THE U.S CONSTITUTION AND ANAYLZE WITH RESPECT TOEVOLUTION OF FUNDAMENTAL RIGHTS” SUBMITTED BY SHREYA CHAURASIA L.L.M .I ST SEMESTER ROLL NO. 64 PRN-15010143064 [2015-2016] Introduction “No person shall...be deprived of life, liberty, or property, without due process of law... Amendment V Article [V] (Amendment 5 - Rights of Persons) No person shall be held to...
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...dessert!” Kelsey cleaned and lit his pipe as he mentally reviewed the history of the negotiations. “My word,” he thought to himself, “we are getting completely taken in with this Reliant deal! And I can’t make Fontaine see it!” Background Pacific Oil Company was founded in 1902 as the Sweetwater Oil Company of Oklahoma City, Oklahoma. The founder of Sweetwater Oil, E.M. Hutchinson, pioneered a major oil strike in north central Oklahoma that touched off the Oklahoma “black gold” rush Source: Case prepared by Roy J. Lewicki. Although this case is over 20 years old, the editors of this volume believe that it presents valuable lessons about the negotiation process. Lewicki−Barry−Saunders: Negotiation: Readings, Exercises, and Cases, Fifth Edition Cases 2. Pacific Oil Company (A) © The McGraw−Hill Companies, 2007 of the early 1900s. Through growth and acquisition in the 1920s and 1930s, Hutchinson expanded...
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...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...
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...AFFIRMATIVE ACTION IN PUBLIC & PRIVATE PROCUREMENT ENGLISH LAW LaSadia Whitman Abstract Throughout history, there have been many policies and laws that have been passed to make America, a county that will offer a citizenship equal liberty, rights and equal opportunity. In my paper I will discuss the path on how affirmative action was established, and how it is important to public and private procurement. I will use examples of affirmative action from recent discriminating cases. I will show how affirmative action affects federal and subcontractors within the government agencies. I will also talk about how high level manager uses affirmative action within their companies. I will also discuss the path of affirmative action how the changes affect the veterans that have served in the U.S. military. Finally I will discuss how affirmative action has helped changed America for the benefit of the people. “Preferential affirmative action patronizes Americans, blacks, women and others by presuming that they cannot succeed on their own. Preferential affirmative action does not advance civil right in this country” (Alan Keyes). As many decades have past, the question of whether America is place where equal opportunity is available to every citizen of the United States has grown as major debate throughout society. The legal meaning of affirmative action is the employment programs required by the federal statutes and regulations designed to remedy discriminatory...
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...Same-Sex Marriage Chip Dodds COM/172 May 21, 2013 Dr. Rosalind Williams Same-Sex Marriage Same-sex couples should be able to enjoy all of the same spousal rights along with benefits that are concurrent with applicable federal and state statutes that traditional couples enjoy. With more states legalizing same-sex marriages, it is becoming clearer that this is an issue that cannot and will not go away quietly. The politicians that seek to define marriage as a union between a man and a woman are stating that it is perfectly all right legally to discriminate against American citizens solely on the basis of his or her sexual preference. According to the United States Constitution, it is stated that “all men are equal under the law.” For same-sex couples, it is their right to love who they choose to love and provide for their families and loved ones. Under the current laws and statutes, same-sex couples are not allowed to do so. Marriage equality is rapidly becoming a hot topic on the American political landscape. Some of the rights that same-sex couples face include that same-sex couples are not eligible to file jointly as a married couple and thus cannot take the advantages of lower tax rates when the individual income of the partners differs significantly. Another right that same-sex couples cannot enjoy is that they cannot protect a jointly-owned home from loss because...
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...My Little Bit of Country In the first clause, I will introduce the story “My Little Bit of Country”. The Authors name is Susan Cheever, she was an American writer who was born in 1943, who wrote the essay. She is the daughter of the famous novelist and short story writer John Cheever. The essay is from the selection called “Central Park”, which was released in 2012. The writer has written as a first person narrator through out the text. We met our main character Susan Cheever when she was very young. Her father has just returned home from the WW2. We are told by Susan that her family’s almost commonplace visits to Central Park Zoo and Central Park. Susan’s father started writing and because of the big success he had and the fact that they as parents wanted one more child, the family moved to the one of the suburbs of New York City. Susan was not very enamored of it, she loved to be in the enormous city, to skate on the ice rink and to visit the yak in Central Park Zoo. After they had moved, she eventually moved back the New York City and became an adult who raised her own kids, in the way that she wanted to be raised. In this analysis, we will focus on the writer’s use of contrast. We will also analyze the central- themes, which are explored in the text, and we will in the end put some comments on the title of the essay. In this paragraph, we will comment on the title. “My Little Bit of Country” was the title of the essay. The title was inspired by Andy Warhol, who Susan...
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...have laid the foundation of education today, as will recent changes affect the future. Programs such as choice schooling and No Child Left Behind will impact school funding. Rulings such as the Lemon Test and separation of church and state will impact decisions that can potentially result in litigation and court rulings dictating educational decisions. In his work regarding educational trends, Kenneth Stevenson (2010) stated, “a continuing recession, escalating political polarization, rising racial/ethnic tensions, a growing national debt, and a widening divide between the haves and the have nots portend a future fraught with unprecedented challenges to and clashes over the form and substance of public education in America” (p.1). Analysis of the Lemon Test The Lemon Test was created by Chief Justice Warren Berger as a result of the court case Lemon v. Kurtzman (1971) and is based on the principles stated in Everson v. Board of Education. The case of Lemon v. Kurtzman (1971) centered on Rhode Island’s Salary Supplement Act. This act approved a salary supplement of up to fifteen percent for teachers who taught secular subjects in private religious schools or non-public elementary schools. The courts determined that approximately twenty-five percent of Rhode Island’s students attended non-public schools. Furthermore, ninety-five percent of the parochial schools were Roman Catholic. Pennsylvania offered a similar program that reimbursed non-public schools for expenses related...
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...Lewicki−Barry−Saunders: Negotiation: Readings, Exercises, and Cases, Fifth Edition Cases 1. Capital Mortgage Insurance Corporation (A) © The McGraw−Hill Companies, 2007 Case 1 Capital Mortgage Insurance Corporation (A) Frank Randall hung up the telephone, leaned across his desk, and fixed a cold stare at Jim Dolan. OK, Jim. They’ve agreed to a meeting. We’ve got three days to resolve this thing. The question is, what approach should we take? How do we get them to accept our offer? Randall, president of Capital Mortgage Insurance Corporation (CMI), had called Dolan, his senior vice president and treasurer, into his office to help him plan their strategy for completing the acquisition of Corporate Transfer Services (CTS). The two men had begun informal discussions with the principal stockholders of the small employee relocation services company some four months earlier. Now, in late May 1979, they were developing the terms of a formal purchase offer and plotting their strategy for the final negotiations. The acquisition, if consummated, would be the first in CMI’s history. Furthermore, it represented a significant departure from the company’s present business. Randall and Dolan knew that the acquisition could have major implications, both for themselves and for the company they had revitalized over the past several years. Jim Dolan ignored Frank Randall’s intense look and gazed out the eighth-floor window overlooking Philadelphia’s Independence...
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...2601 BUSINESS LAW Maven House Press Booking Publishing Agreement Analysis Nov 2, 2015 Yuxuan Tang Student ID 100949179 CONTENT Part I - Executive Summary 2 Part II – Objectives, Methodology, Ethic issues and Relationships 3 Part III – The Clauses 6 Part IV – The Notions and Principles 20 Part V – Recommendation and Lessons learned....................................................29 Part VI – Legal Corrective Measures with Provisions............................................31 – Part I. Executive Summary Law is an artificial tool that governs an individual’s daily behavior. It outlines the right and wrongs of each individual and governs their conduct. The law can protect people’s basic rights and prevents people from choosing the wrong path and impose penalties to people who bring harm upon others. It is a solution to many disputes and complications. People may also fall into a dilemma when relationships are involved, law can help people leave their relationship aside and deal with their current situation and come up with a fair judgment. A contract is, “a deliberate and complete agreement between two or more competent people, not necessarily in writing, supported by mutual consideration, to do some act voluntarily that is enforceable in a court of law”[1]. This report provides an analysis of the publishing agreement between an author and a publisher. It shows...
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...Case Analysis Report: 1. Case Overview Acme Corp won a new contract and assigned Wiley Coyote as the PMP. Timing was critical to the project - Acme estimated that delayed completion would cost the company at least $100 a month. Coyote’s first job was to select an engineering contractor. Out of eight bids, Coyote decided to negotiate with only the lowest bidder. The contractor’s PM, Ima Roadrunner, which has been selected was unknown to Coyote. Coyote reviewed the proposal. The duration would be approximately six months, 2000 hours at $120/hour, all workers being the same pay grade and working full time, with a profit margin of 12.5%. Roadrunner provided Coyote with its engineering pay structure and the project spending curve (exhibits 1 and 2), which also showed the payment plan from Acme to the contractor. Initially Coyote proposed a fixed-price contract with penalty for late delivery but, given a reduction of profit margin to 10%, Coyote agreed to a fixed-price contract with incentive for completing the project under budget. For progress reporting, Roadrunner had no experience with earned value but promised a monthly report showing BCWS, BCWP, and ACWP. After one month Roadrunner reported BCWS $42k for 350 hours, BCWP $48k for 400 hours, and ACWP $34k for 400 hours (exhibit 3). Coyote believed these numbers indicated a project running under budget and ahead of schedule. However, after the fifth month Roadrunner reported the project would be...
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