...Supreme Court of the United States, In the case of the 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...
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...The United States court system is a network of different courts. Both federal, and state court systems is divided into several layers; Court of special jurisdiction, trail courts, appellate courts, and the Supreme court. Court of special Jurisdiction is made up to listen to specific cases. The federal system has tax courts and bankruptcy, while most state courts have probate/ family court, which deals with custody, will, etcetera. In these courts, trained lawyers and judges have specific guidelines with evidence to speed the process up. Trail courts usually are where cases begin. Civil and criminal cases are two types of trial courts. The general structure is the same while the procedures may differ. Both sides have the chance to figure out as many facts as they can about the case, before the trail, in attempts to persuade the jury/judge that the facts presented are in their favor....
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...The United States Court System Dona' De Kendricks CJA 224 March 20, 2011 Christopher Bragg Abstract The U.S. Constitution creates a dual federal court system in which the power is shared between the state and the federal governments. Each of these courts systems are composed of their own courts. State courts have the highest power in general. Within the courts there are trial and appellate courts. These two are considered to work together when there are issues within cases. When a case has any issues in the trial courts it will go to the appellate court for review. The United States court system help serve justice. United States Court System In 1789 Congress convened and emerged with the Judiciary Act of 1789, setting up a judicial system composed of a Supreme Court, Appellate Courts, and Trial Courts. The Constitution created three branches of government the executive, legislative, and the judicial court. The federal court of the United States derives its name and power from Article III of the Constitution. Article III and Section 1 establishes the Supreme Court and provides Congress the power to establish lower federal courts. Congress established the Appellate Courts consist of 12 regional court of appeals and one Appeals Court for the Federal Circuit; the Trial Courts consist of 94 Court Districts, the Bankruptcy Court, the Court of International Trade, and the Court of Federal Claims. Individuals...
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...your about to read consists of the federal court system, federal court’s jurisdictions, and lastly I’m going to compare the federal court system to the state of Georgia’s court system. Let’s start with the federal court system, which consist of three tiers. The Federal Courts According to the Paralegal Professional by Henry R. Cheeseman and Thomas F. Goldman, the trial courts of the federal system is the District Courts (2011, p.211). Cheeseman and Goldman say there are 94 district courts in the federal court system (2011, p.211). Also in their 2011 book, they say the district courts are decided by geographical area and how populated that area is (Cheeseman, p.211). Lastly, Cheeseman and Goldman state that there is at least one District Court in every state (2011, p.211). Next, is the intermediate appellate court in the federal court system. The Paralegal Professional says the U.S. Court of Appeals is the intermediate appellate court in the federal court system (Cheeseman, p.211). Cheeseman and Goldman also say there are thirteen circuits, which are the geographical area that the court serves (2011, p.211). They also state that the courts can only take appeals from inside their circuit (2011, p.211). According to their 2011 book, each circuit has a three judge panel and someone in a case can request a review after the judges make their decision (Cheeseman, p.211). The last part of the federal court system is the highest court of the federal system. According to Cheeseman...
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...I have collected from reading the articles and the knowledge that I have acquired about the court system I strongly believe that the court system is structured in a complex fashion. According to George Kucik and Alieen M. Cohen of the International Corporate Law, “The complex and sometimes harsh rules governing United States litigation or court system are, in truth, two edged swords that can be employed to any litigant's advantage regardless of his or her nationality.” Also, I have come to realize that the court system is portrayed not as a place nor as a group of people, instead it is portrayed as a structure binding society together positively. For many the United States court system is considered to be an overlapping network. The state and federal court systems are relatively simple structures. Each level of the court system is divided into multiple...
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...function of the Supreme Court as it is presented in Article III of the United States Constitution is saying that the government can do whatever it wants to do. With this, there is no higher court that the Supreme Court, inferior courts may from time to time establish the law. A judge may stay in his position as long as he/she behaves well. All cases heard have the quality of being fair under the Constitution and Judicial powers. All trials should be held in the state where a person lives or the state where the crime was committed. No person should be convicted of harming the government unless that there are two witnesses. What is the main function of the Supreme Court? The main function of the Supreme Court is to interpret the law in accordance to the United States Constitution in a fair way. “That court maintains balance between state and nation through the maintenance of the rights and duties of individuals.” (pg.27. Judicial Process in America 8th Edition.) When a case makes it to the Supreme Court the decision within the matter is final, there’s no overturn for it. What is meant by “original jurisdiction” and what kind of cases it hears? When we say “original jurisdiction” it means that the Supreme Court hears a case from the beginning. It will hear cases for the first time with Ambassadors, public ministers, controversies between two or more states and citizens of different states. The Supreme Court will also hear cases to review the lower court decisions. “Throughout...
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...The United States Dual Court System and its Historical Developments The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early Republic” written by Martin Kelly “In 1789 Article Three of the US Constitution stated that "[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." (Kelly, 2012) ” This article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the progressivism...
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...Throughout history, the united states supreme court has dealt with many controversial issues. The courts decisions in these cases have had a significant impact on the nation. Two such cases were Schenck v. United States and Korematsu v. United States. Both cases took place in a time of war when personal freedoms had to be sacrificed for the good of america. While the government is supposed to protect the people, sometimes, it actually limits their rights instead. The decision of the court in these cases drastically changed the lives of not only those involved in the case, but all other american citizens. Schenck v. United States took place in 1919, during World War One. When the war broke out in Europe, the United States remained neutral and...
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...Gideon v. Wainwright, 372 U.S 335, is a turning point case in the United States Court history. Under the fourteen Amendments to the U.S Constitution to provide counsel in criminal cases to the represent defendants who cannot afford to pay their own attorneys. Gideon was charged with a felony in Florida state court. He came into view before the state Court, informing the Court he was indigent and requested that the Court appoint him an attorney. The Court declined to appoint Gideon an attorney, stating that under Florida law, the only time an indigent defendant is entitled to appoint counsel is when he is charged with a capital offense. Therefore, an indigent defendant with an attorney is a violation of the Fourteenth Amendment of the United States Constitution, which Gideon v. Wainwright imposed those requirements upon the states as well....
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...The death penalty is a form of justice in the United States’ court system. For years society has been debating whether this was cruel and unusual punishment, or the most effective way to serve justice to serious crimes. The death penalty is beneficial to society altogether. There are extraordinary heinous crimes in which it may be appropriate. To begin with, the death penalty helps citizens feel safer in their community by the removal of a threat from society, even though the criminal may be behind bars they still pose a threat to society. Some criminals are able to reach the outside world and make influences, even while behind bars. For this reason some criminals are simply too dangerous to live at all. Above all the death penalty brings...
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...The role of United States Supreme Court in the policy making process Policies can be described as specific guidelines that ultimately lead to the creation of laws after passing through all the legal channels. The United States Supreme Court has no explicit power to make any laws. However, its power in the overturning of laws that are deemed to be unconstitutional is well established. The Supreme Court consummated itself as a system of checks in relation to the overturning of unconstitutional laws in the 1803 Marbury v. Madison case (Ribble, 2010). As such, the Supreme Court hears cases in relation to the review of a law that is infringing on individuals rights protected by the constitution. This is the main essence of the introduction of judicial reviews. In doing so the United States Supreme Court plays a vital role in the aligning of established laws with the stipulations of the United States constitution....
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...UNITED STATES TAX COURT Opinion 2009-144 JANELLO S. DUNGCA AND MARIA C. GUTIERREZ, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 17802-08S. Filed September 17, 2009. Janello S. Dungca and Maria C. Gutierrez, pro sese. Matthew D. Carlson, for respondent. Introduction This case was heard pursuant to the provisions of section 7463 of the Internal Revenue Code in effect when the petition was filed. The respondent determined a $33,091 income tax deficiency and a $6,618 section 6662(a) accuracy-related penalty for the petitioners’ 2005 tax year. Issues presented for consideration are: (1) Whether petitioners are entitled to deduct gambling losses; and (2) whether petitioners are liable for a section 6662(a) accuracy-related penalty. Background During 2005, petitioner Janello S. Dungca (Mr. Dungca) was employed by a consulting company in Pittsburgh, Pennsylvania. His consulting assignment from January 1 through July 30, 2005, was at the Mayo Clinic in Rochester, Minnesota. Approximately every other weekend during that period, the petitioners visited a gambling establishment named Canterbury Park that offered wagering on horse racing. Mr. Dungca was an inveterate gambler, and since 1991 he had spent a good amount of his nonworking time gambling. Mr. Dungca would retain betting slips, receipts, and records of cash withdrawals, and at the end of each day he would record the day’s bets, winnings, and cash withdrawals (cash in and out)...
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...Case Review #1: Analysis of the Supreme Court of the United States case of Faragher V. City of Boca Raton (5 points). Search the internet and find The Supreme Court of the United States case of Faragher V. City of Boca Raton. Analyze and present a summary of the case. When preparing the summary, make sure you answer the following questions: 1. Why was the case brought? Give a summary of the factors that led to the case. The case is around Beth Ann Farangher, she was a lifeguard that brought to the city’s attention that her supervisors, Bill Terry and David Silverman, had created a “sexually hostile atmosphere” at work. The two super visors would initiate constant offensive touching that was un-invited and also speak about women in offensive terms. Farangher stated that Terry would repeatedly touch the female life guards without being invited to do so. The complaint contained allegations that Terry once said the he would never promote a woman to the rank of lieutenant. Silver man had also said to Faragher, “Date me or clean toilets for a year.” A major problem with the case was if the problem had been going on for a while, then it should have been brought to the city’s attention earlier. 2. Based on the case what are two defenses against sexual harassment that can be used by an employer? 3. What is the relevance of this case to Human Resource Management? The result of the Farangher case is relevant is human resource management because the manner in...
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...U.S. Supreme Court UNITED STATES v. CORTEZ, 449 U.S. 411 (1981) 449 U.S. 411 UNITED STATES v. CORTEZ ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 79-404. Argued December 1, 1980 Decided January 21, 1981 Based on their discovery of sets of distinctive human footprints in the desert, Border Patrol officers deduced that on a number of occasions groups of from 8 to 20 persons had been guided by a person, whom they designated "Chevron," from Mexico across an area of desert in Arizona, known to be heavily trafficked by aliens illegally entering the country. These groups of aliens proceeded to an isolated point on a road to be picked up by a vehicle; the officers deduced the vehicle probably approached from the east and returned to the east after the pickup. They also surmised, based on the times when the distinctive tracks were discovered, that "Chevron" generally traveled on clear nights during or near weekends, and arrived at the pickup point between 2 a.m. and 6 a.m. On the basis of this information, the officers stationed themselves at a point east of the probable pickup point on a night when they believed there was a strong possibility that "Chevron" would be smuggling aliens. The officers observed a pickup truck with a camper shell suitable for carrying sizable groups pass them heading west and then observed the same vehicle return within the estimated time for making a round trip to the pickup point. The officers stopped...
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...Cora-Leigh O’Neal BUS 3350 8:00 A.M. Case Brief 1: Raymond James 1. Case Name, Citation, and Court Raymond James v. Leonard & Company 411 F. Supp. 2d 689 (2006) United States Court of Appeals 2. Summary of Key Facts A. A former employee of Raymond James & Associates, Ronald Boerjan, resigned from RJA on December 23, 2005, and began to work for RJA’s competitor, Leonard & Company. Boerjan began to solicit his former clients of RJA, to try to transfer to LC. B. Noting that Boerjan has on record signed acknowledgements that he was aware and agreed to the policies and procedures prior to his hire at RJA, which included policies on what does and does not make up a “trade secret”, RJA seeks a preliminary injunction which prohibits Boerjan and LC from contacting, soliciting, or using any of RJA’s trade secrets, including by not limited to, customer lists and account numbers. 3. The Issue Do customer lists meet the definition of trade secret, and if so, is Boerjan breeching that with his solicitation of his former clients? 4. Holding No 5. Summary of Court’s Reasoning A. The likelihood of Boerjan’s success in transferring former client’s accounts to his new firm isn’t strong or substancial enough to be sufficicent enough to grant an injunction B. Customer lists developed by Boerjan are not protectable trade secrets. C. There is nothing wrong with an employee establishing and communicating with customers for whom...
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