appealed his case first to the Louisiana Supreme Court on the grounds that the death penalty was “cruel and unusual punishment” for a crime where the victim did not die (Cornell University Law School, 2008). The Louisiana Supreme Court noted two cases, Atkins v. Virginia and Roper v. Simmons. These cases were used to determine whether there was a national consensus on the punishment of death and then they were applied to determine whether the court would find the punishment excessive (The
Words: 707 - Pages: 3
The Bill of Rights limited federal government powers and any other powers were given to the state. The composition of the Supreme Court has influenced the balance of power between states' rights and federal powers. In 2012, the Supreme Court helped states’ rights by backing the Arizona law that prosecutes any employer of illegal immigrants. We have seen less of the Supreme Court striking down state laws overruled by federal law over the past 10 years (The Question of). I also believe that the federal
Words: 792 - Pages: 4
was served with a California court summons and a copy of his wife’s divorce petition. Plaintiff made a special appearance in California for the purpose of filing a motion to dismiss on the ground that the court lacked personal jurisdiction over him. The Superior Court denied the motion, and the California Court of Appeal denied mandamus relief. The Supreme Court of the United States then granted certiorari. Issue. Whether the Due Process clause denies a state court jurisdiction over a non-resident
Words: 402 - Pages: 2
1 The Civil Rights Act of 1964 English/101 September 2, 2012 2 How would Americans feel if there were not equal rights in the United States? Civil Rights are basic legal rights a person must possess. They are rights that constitute free and equal citizenship which includes personal, political, and economic rights. (Stanford 2012 Encyclopedia of Philosophy). According to the Civil Rights Act of 1964, all Americans are entitled to equal rights. There are many cases of how African Americans
Words: 1698 - Pages: 7
and contact, what he needs to do and file, and possible solutions to resolve the problem with his employer. In addition, it explains how the employee can file a complaint through the civil litigation process from the state level up to the U. S. Supreme Court. How the complaint begins with EEOC Let is start defining, what is the US Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency created to enforced the law and make illegal to discriminate a person for a job based
Words: 1024 - Pages: 5
The Act, however, did not prohibit them from advertising the effectiveness of the drugs. Western States Medical Center was one of these groups, which advertised effectiveness via the mail and medical conferences. The group filed suit in Federal Court to enjoin the enforcement of the advertising prohibitions as a violation of the first amendment-commercial free speech. RULE OF LAW: Commercial free speech warrants constitutional protection only when it enables consumers to make
Words: 432 - Pages: 2
Individual Project AIU Online Ashleigh Wright 02/16/2013 Case 1 Should the Supreme Court hold up and agree to the convection? No, not at all. In this case it is stated the Crain was improperly and illegally arrested, if that's e true case then yes this is almost a classic case of fruit of the poisonous tree. The "fruit of the poisonous tree" doctrine is an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable
Words: 1090 - Pages: 5
Barbara Helling brought the action. In what court did the case originate? The case originated in a Washington trial court. Who won at the trial-court level? The defendants won at the trial court level. What is the appellate history of the case? After the plaintiff lost the judgment at the trial court level they also lost a trial at the Court of Appeals. After the Court of Appeals decision, the plaintiff took her case to the Supreme Court, where both previous rulings were reversed. What
Words: 942 - Pages: 4
Fallacies of the Assault Weapons Ban Abstract Violent crime is a growing problem in our country. Politicians are always looking for new laws to impose on their people in order to combat the problem. Unfortunately, some of these laws are written by individuals who do not possess a thorough knowledge of the topic they are attempting to regulate. One example of these laws is the Federal Assault Weapons Ban that was in place from 1994-2004. This law made it illegal to produce or purchase a firearm
Words: 2969 - Pages: 12
and Drug Administration. Case law (court decisions) 3. Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. Precedent: a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts. 5. State decisis( two aspects: Decisions made by a higher court are binding on lower courts A court should not overturn its own precedents
Words: 2112 - Pages: 9
