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S.B. 1070, ACA, and Federal Term Paper

… The District Court for Arizona issued a preliminary injunction for all four provisions and the Ninth Circuit affirmed, based on the belief that the federal challenge could succeed.

The S.B. 1070 provision requiring illegal aliens to register with the appropriate federal agency was viewed by the Supreme Court as impinging on the federal government's jurisdiction and therefore the lower court's injunction was upheld (Arizona et al. v. United States, 2012). The injunction against the provision making it a crime to seek employment without a work permit was upheld because federal immigration law only imposes a civil penalty. The injunction against the provision granting local and state police officers the authority to conduct warrantless arrests of illegal aliens was upheld because Congress has given federal agencies…. [read more]


Federal Tort Claims Act Essay

… For the purposes of the FTCA, law enforcement officers are "anyone who can make arrests for violations of federal law, or seize evidence, or execute seizures" ( Solari, Unk.). Because it is frequently within the scope of employment for these people to engage in aggressive behavior, the government will pay "for intentional torts like assault, battery, false imprisonment, false arrest, malicious prosecution, and abuse of process if those torts were committed while within scope" (Solari, Unk.). Specifically, 28 U.S.C. § 2680(h) (2006) provides that. "with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the…. [read more]


Law and Evidence Essay

… Federal Rules of Evidence

The issue here is whether the suspension of the license should be overturned because the police report was inadmissible. The second issue is whether the finding that Walker was drunk should be overturned because there was not enough evidence to prove, beyond a reasonable doubt ("BARD"), that Walker was drunk.

Rule: Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. (FRE 801). Such statements may be admissible if they are a Recorded Recollection: "A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the admitted matter was…. [read more]


Corporate Civil Procedure and Constitutional Law Term Paper

… Gilbert Law Summaries: Constitutional Law by Jesse Choper

The United States Constitution is the foremost legal authority for laws created in the United States. Though the Constitution is a federal document, it applies to all laws at every level in the United States. Therefore, any law that fails to comport to constitutional standards is illegal. The Constitution specifically prohibits certain types of laws and also dictates which branch of government has the power to enact certain types of legislation. This essay provides a brief overview of several of the key factors in constitutional law, including the areas where a practitioner is most likely to encounter constitutional issues.

Powers of the Federal Government

While the Constitution appears to establish the supremacy of the Supreme Court's decisions,…. [read more]


Arizona SB 1070 on January Research Paper

… When discussing exactly why immigration policy and enforcement is in the hands of the federal government, other opponents of the law, in their lawsuits, brought this issue to the court. In the case of League of United Latin American Citizens v. State of Arizona, two civil rights groups, along with several citizens, filed suit that the Arizona law was already preempted by federal law under the "Supremacy, Interstate Commerce, and Due Process clauses of the Constitution." ("Arizona SB 1070") The groups associated with this lawsuit content that Arizona's law permits "law enforcement officers to rely upon vague and ill-defined factors such as a person's 'dress,' 'difficulty communicating in English,' 'demeanor,' and 'claim of not knowing others…at the same location,' as providing justification for a detention…. [read more]


Procurement the Law Essay

… he FAR precludes agency acquisition regulations that unnecessarily repeat, paraphrase, or otherwise restate the FAR, limits agency acquisition regulations to those necessary to implement FAR policies and procedures within an agency, and provides for coordination, simplicity, and uniformity in the Federal acquisition process. It also provides for agency and public participation in developing the FAR and agency acquisition regulation.

Recommendations

It appears that the company should operate in a matter that should limit the exposure to these complicated and complex sets of regulations. A negotiated settlement appears to be the best position to take. If this position is unattainable it would be wise to argue from a contractual law standpoint and find errors and loopholes within the contract to exploit. This is not the preferred…. [read more]


Legal Process There Are Several Federal Laws Research Paper

… Legal Process

There are several federal laws that prohibit employment-related discrimination on the basis of a disability. Violations often include things related to hiring, reasonable accommodations, training, advancement, benefits, or dismissal, or a range of other employment-related matters. People who think that they have been discriminated against should evaluate their situations and then take actions that are deemed appropriate. The first step is to look at the laws that forbid employment-related discrimination on the foundation of disability. The primary law is: Title I of the Americans with Disabilities Act (ADA) prohibits private sector employers and state and local government agencies that employ 15 or more individuals from discriminating against qualified individuals with disabilities in all aspects of employment (What to Do If You Think You…. [read more]


Legal Research, Writing, and Analysis Chapter Essay

… Legal Research, Writing, & Analysis

Chapter 1 deals with general definitions that would be used in the book, including the difference between civil and criminal law, the particularities of substance and procedure, with examples as to what might fall under each category, as well as definitions of notions such as common law and equity. The chapter details on the role of the facts in a judicial case, as well as on how this falls in the framework of the law and interacts with other judicial elements.

Chapter 2 details on the elements that form the legal system, notably the court systems and the legal authority. The court system usually includes three different levels where the case can be tried. These are the trial court, the…. [read more]


Federal Taxation Term Paper

… Hence, disclosure was not necessary. (U.S. Supreme Court UNITED STATES v. BAGGOT, 463 U.S. 476 (1983) 463 U.S. 476.)

In the case of the United States vs. Baggot, the judicial subpoena that was issued against him by the IRS was in fact meant to be used more as an investigative tool than as a genuine subpoena. This was why the IRS was denied access to the undisclosed materials of Baggot when it was found that he was evading the payment of taxes and that he was committing several misdemeanors against the Board of Trade by conducting sham transactions that would be written off as losses on paper, against which he would be able to claim money by terming them as actual losses, and receiving kickbacks…. [read more]


Legal Management the Legal Issues Book Review

… Legal Management

The Legal Issues of Management: Case Scenarios

Chapter 2-Case #1: The scenario described by the case in question offers a clear-cut case of sexual harassment. An individual who has succeeded on the strength of her professional merits is here being objectified and exploited on the basis of her own desire for advancement. This is a particularly inappropriate gesture insofar as it pins Bancroft's ambition for professional growth to her willingness to be objectified thusly. This creates a working atmosphere in which Bancroft must defend her professional integrity at the risk of her own career. That she has been placed in this position is particularly troubling as little can be done on her behalf to avoid confrontation short of simply complying with the unreasonable…. [read more]


Laws of Corrections Case Study

… Laws of Corrections

When someone is detained, there is the assumption that prisoners are not entitled to Fourth Amendment protections (i.e. unreasonable searches and seizures). Evidence of this can be seen with Hudson v Palmer. In this ruling the U.S. Circuit Court found that prisoners are not entitled to these same protections. This is because they are considered to be someone who has forgone their privacy from their conviction and incarceration. As a result, the application of constitutional protections by prisoners is continually debated. To fully understand what is happening requires examining how these factors are applied to a fictional case, Deon Christopher Carter v State of Maryland and the extent the procedures of the prison should be changed. Together, these different elements will highlight…. [read more]


Constitutionality of a Postcard-Only Mail Essay

… Despite the lack of challenge to this policy, Judge Simon felt compelled to note that issues of Prison Legal News and a child's report card could not be considered disruptive. Regarding easy alternatives to a restrictive mail policy, Judge Simon pointed out that an additional 30 to 60 minutes of time spent screening would be exactly the kind of easy alternative the U.S. Supreme Court meant in Turner v. Safley. When weighing restriction on free speech against an extra hour of mail handling, Judge Simon felt comfortable concluding that this was the kind of easy solution that rendered the restrictive mail policy unreasonable.

Judge Simon summed up his decision by stating that the "… postcard-only mail policy blocks one narrow avenue for the introduction of…. [read more]


Classification of Federal Agencies Essay

… d.). Notably, the agencies have the rulemaking power and function because of their specialization and experience in decision-making. Since these agencies deal with the rule-making processes or aspects, they have a huge impact on people's lives. There are various types of administrative agencies that have different roles and functions including

Local Police Department:

The local police department is one of the administrative agencies and part of the criminal justice system. The mission of the local police department is improve the quality of life for the local residents through the enforcement of law, lessening the occurrence and fear of crime, and ensuring order and safety of the public ("Police Department," 2000). While the agency is divided into several administrative units, its major impact in my life…. [read more]


Gilbert's Summaries Contracts the Law Essay

… Gilbert's Summaries

Contracts

The law of contracts represents society's attempt to formalize promises between parties. Promises are agreements between parties that are supported by consideration. Historically, consideration was described as a benefit received by one promisor or as detriment incurred by the opposing promisor. Modern legal theorists, however, describe consideration as being equivalent to a bargain, that is, an exchange of promises where each party views what he is giving as the price for what he gets. There are some limitations on this approach so other legal experts view consideration as anything that makes a promise or contract enforceable.

Promises or consideration take on various forms. There are promises that are mutual, promises that are unilateral, and promises that are subject to further conditions. Regardless…. [read more]


Legal Nurse Consultant Term Paper

… Legal Nurse Consultant Business Plan

First form a good plan, Franklin, (1868 (1996) stresses. Then, for an individual to help ensure his/her businesses' success, according to Franklin, (1868 (1996), he/she needs to: "make the execution of that same plan his sole study and business." The objective of the study, to make a business plan or a feasibility study for establishing a Legal Nurse Consultant's Office begins with Franklin's contention: forming a good plan.

The following lists details related to attaining the goal of attaining a good plan:

To study the history of the legal nurse consultant profession: their educational requirements and licensure to be able to practice;

To look carefully into the trend of the profession in terms of future demands for this profession;

To…. [read more]


Fire Service Law Research Paper

… Fire Service Law

Consensus standards are developed by specific industries in order to set forth broadly accepted standards of care and operations for certain practices. Standards are an effort by the industry or profession to self-regulate by setting up minimal operating, performance, or safety standards, and they institute a recognized standard of care. They are written by consensus committees made up of industry representatives and other affected parties. The NFPA has a lot of standards which affect fire departments. The standards should be followed in order to protect fire and rescue personnel from needless workplace hazards and for the reason that they create the standard of care that may be used in civil lawsuits against fire and rescue departments (NFPA Standards, n.d.).

In most instances,…. [read more]


Questioning the Federal Judiciary Essay

… The vetting of candidates seems critical, but the nomination and confirmation process is heavily politicized (Levy, 2014). If a mechanism could be devised that would force the Senate to confirm or deny an appointment within a set time period and according to specific qualification criteria, maybe this would help fill all the vacancies that currently exist.

Question 3

The rule of law is indeed a key strength of American society, but only in comparison to much of the rest of the world. What is meant by this statement is that there is a lot of room for improvement, but when compared to most nations, the rule of law, as enforced by the United States government, remains a standard against which other criminal justice systems can…. [read more]


Business - Law Business Law Issues Term Paper

… Business - Law

Business LAW ISSUES

The Commerce Clause of Article One reserves to Congress the power to "regulate commerce...among the several states." The proposed rule cannot survive the exercise of Congressional authority opposing it. The Necessary and Proper Clause of Article One provides for congressional authority to "make all Laws which shall be necessary and proper for carrying into Execution...all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." That power includes the authority to invalidate contradictory state laws. The Privileges and Immunity Clause of Article Four guarantees that "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States," which includes the right to…. [read more]


Employment Law Hypothetical Case: John Term Paper

… In case EEOC decides not to sue, it will issue a notice closing the case and give the charging party 90 days to file a lawsuit. (Ibid)

Lawsuit for Employment Discrimination

After receiving a notice of a "right to sue" from EEOC, the complainant may file a lawsuit in a federal court within 90 days. Under Title VII of the Civil Rights Act and the American Disabilities Act (ADA), the complainant can also request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission. Under the Age Discrimination Employment Act (ADEA), a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives…. [read more]


Politics of Administrative Law Term Paper

… The Court further noted the existence of many regulatory statutes, none of which had been adjudicated to be in violation of "constitutional prohibitions against interference with private property" Munn v. Illinois, 94 U.S. 113, 124 (1876).

In Lochner v. New York (1905), the Court looked to, among other things, the common law contract doctrine of incapacity (Brauneis 1996). According to Brauneis,.".. practitioners of Lochner-era ahistoricism relied on a willingness to undertake some independent investigation of a statute's purposes" (1996:613). In this regard, the proclamation in Lochner serves to summarize the rationale of the day:

The purpose of a statute must be determined from the natural and legal effect of the language employed; and whether or not it is repugnant to the Constitution of the United…. [read more]


Criminal Laws Essay

… S. laws also requires some special considerations in the entire processes of law making including & #8230;

Constitutionality:

One of the major special considerations in the creation of laws in the United States is the need for the laws to be constitutional. This is largely because the country's constitution and its amendment are the basis for legal rights and privileges of America and its residents ("Lawmaking in the United States," n.d.). The laws need to be constitutional because only laws that are within the Constitution's framework and the established legal precedents can be implemented and remain in effect.

Impact on the Society:

The other special consideration in the creation of laws in the United States is the need for these laws to reflect the needs…. [read more]


Judicial Federal Government Term Paper

… Federal Judicial Branch of Government

How was the federal judiciary created?

The delegates to the Constitutional Convention of 1787 in Philadelphia were aware that the new nation needed to be quite different from the English structure of government they had broken away from in a bloody war, so they worked out a plan whereby the federal government would have three separate but equal branches.

One of those branches would need to be the judiciary, but, according to the "History of the Federal Judiciary," the delegates did not come to the Philadelphia convention with clear-cut ideas as to how the justice system would work. They were more concerned with the executive and legislative branches of the new government, given that the new nation wanted to emphasize…. [read more]


Selection Hiring Process Within the Criminal Justice System Research Paper

… ¶ … Hiring Process Within the Criminal Justice System

Hiring Process Within the Criminal Justice System

Selection/Hiring process within the Criminal Justice System

Police

Summary of Progress of a Criminal Case through the Criminal Justice System

The Courts

Corrections

Hiring Process within the Criminal Justice System

In whichever context the American Judicial System is considered, one thing is for certain that there is a diverse and extensive amount of information used and transferred in this system. United States, before 1960, was sadly racist in outlook, and most policemen were whites, the gloom of discrimination looming large against women and racial minorities. Since it was a fact that public support was crucial for success, it dawned on the authorities, that hiring of prospective police officers in…. [read more]


Rights Accused 1.Fully Essay

… Additionally, the due process of law also prevents illegal interrogations and gives the accused the right to remain silent. The accused also has the right to a pretrial and to be informed of the charges that they are facing. It also gives them the right to a fast and speedy trial. All these rights in the due process of the law mean that the accused cannot be charged without a credible reason and neither can they be denied their freedom without due cause. Additionally, it specifies how the legal process should be conducted to prevent it from being tilted in a direction that favors the prosecution giving them excessive time to collect evidence Nicholaidis, 1989()

Due process also ensures that the accused person gets a…. [read more]


Laws That Cover Employment Discrimination Are Intended Term Paper

… ¶ … laws that cover employment discrimination are intended to cover situations where there are concerns relative to improper treatment arising from race, sex, religion, national origin, physical disability, and age. In order for the applicable discrimination laws to apply there must be an employment relationship between the individual allegedly being discriminated against and the appropriate employer. Under historical common law, laws regarding employment discrimination did not exist and, therefore, the law that has developed arose out of the application of statutory enactments by the states and the federal government (Friedman, 2010). Over the course of time, the courts have applied various portions of the U.S. Constitution and state constitutions to discriminatory situations involving actions taken by government employers.

Addressing the state constitutional situations is…. [read more]


Basic Due Process for Students Thesis

… ¶ … Due Process for Students in Public Schools

The Due Process Clause is found in two places in the Constitution. First, the Fifth Amendment addresses basic due process rights. The Fifth Amendment states that, "No person shall…be deprived of life, liberty, or property, without due process of law" (U.S. Const. amend. V). The Fifth Amendment's Due Process Clause applied only to federal actions. The Fourteenth Amendment expanded the Due Process Clause to state actions. The Due Process Clause of the Fourteenth Amendment provides that, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny…. [read more]


Federal Court Has the Power Term Paper

… ¶ … federal court has the power to determine the legality of a challenged action as long as the government in question has not taken steps to make that type of action illegal. Furthermore, the city enacted a similar ordinance, which demonstrated its intention to continue the action in question.

Piper would lose on her claims of judicial immunity. The doctrine of judicial immunity only applies to judges engaged in their official capacity. Although attorneys are officers of the court, they are not judges and cannot claim judicial immunity. However, if Piper interposed other defenses, she might be able to defeat Aramy's lawsuit.

The political questions doctrine requires several different hurdles. The first hurdle is whether the Constitution has specifically given power over the issue…. [read more]


Law and Policy Case Study

… Robust governance as evidenced by the presence of sound regulations, policies, and laws that control the behavior, activities, and decision-making of different organizations result in improved and sustained performance. Similarly, presence of rules, regulations, and policies influence the performance and behavior of the IT organizations significantly. Presence of legal regulations, policies, and laws contribute to the adoption of the desired organizational behaviors by the IT organizations. As such, adoption of the desired behaviors ensures safety of the employees, consumers, and the environment of the organization. The legal frameworks ensure the IT organizations ensure responsibility and accountability of the IT organizations for their actions. The responsibility contributes to the creation of the business environment that promotes healthy competition and recognition of employee and consumer value to…. [read more]


Appellate Court Process Term Paper

… When this happens, the individual files a "writ of certiorari," to ask the Supreme Court to review the case. The Supreme Court of the United States will hear the case if federal principles are clearly at stake, or if the appellate courts recommend that the case be reviewed due to their being dissenting opinions among justices.

Very rarely will appeals bypass the appellate courts and go straight to the Supreme Judicial Courts. In some states, like Massachusetts, first-degree murder appeals are heard first by the Supreme Judicial Court to ensure expediency (Massachusetts Judicial Branch, 2014). Supreme Judicial Courts in some states also have the power to automatically hear cases brought before the appellate courts. This may be done to avoid redundancy in the system, because…. [read more]


Federal Courts on Linda Greenhouse Term Paper

… Rumsfeld that states "A state of war is not a blank check for the president when it comes to the rights of the nation's citizens."

To drive her point home, Greenhouse brings up recent decisions by conservative federal judges that have struck down state statutes attempting to make the process of seeking an abortion so burdensome that abortion would be effectively eliminated. She interprets these recent decisions as indications that the federal judiciary is sensing that things have become so out of balance that even conservative judges are starting to lose patience with radical far right politicians.

Although Greenhouse makes several good points, her opening sentiment that the post-9/11 "… judicial legacy is a fuzzy one & #8230;" reveals an underlying belief that the courts…. [read more]

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