13 Appellate Courts

13 Appellate Courts
There are many different levels of our federal court system, each of them are appointed a different case category. Above all other courts we have the
Supreme Court, the United States Constitution created this. The Constitution also gives Congress the ability to create and pass laws to construct a
network of lower courts.
Directly underneath the Supreme Court we have the Courts of Appeals, which consist of 13 appellate courts. 94 federal judicial districts are divided
into 12 regional circuits, each circuit having their own Court of Appeals. The 13th appellate court is in the Federal Circuit, which has a national
authority to hear particular cases such as patent laws, and cases determined by the United States Courts of International Trade and
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United States Court Of Appeals Essay
Mark J. Mcburney (Respondent) V. Nathaniel L Young, 569 US, 12
–17. (2013) Argued February 20, 2013–Decided April 29, 2013 in United States
Court of Appeals for the Fourth Circuit Facts: A former resident of Virginia is denied access to public information needed for filing a petition for
child support. The Virginia Freedom of Information Act ("VFOIA") reads, "all public records shall be open to inspection and copying by any citizen
of the Commonwealth " Va.Code Ann. В§ 2.2–3704(A). In question is the violation of, The Commerce Clause and the Privileges and Immunities
Clause in the process. Article I's, Commerce Clause gives Congress power to "regulate commerce ... among the several states (Szypszack, 2011, p.
13). The Privileges and Immunities Clause of Article IV guarantees uniformity of rights across the state borders (Harvard Law Review, 2013).
McBurney was denied information needed to resolve a nine–month delay in child support. The Respondent, Mr. McBurney filed a complaint in the
Eastern District of Virginia's District Court (Cornell University Law School). The Eastern District of Virginia's District Court ruled against
McBurney. McBurney appealed to the Fourth Circuit Court of Appeals (Cornell University Law School) only to be affirmed The Supreme Court
granted a writ of certiorari (Cornell University Law School)or review of the McBurney's case. Issues: Did The State of Virginia violate the Privilege &
Immunities Clause or Commerce Clause when applying its

Improper Appropriation: Substantial Evidence Of Paul...
Circumstantial evidence requires proof of probative similarities in addition to proof of access. See Paul Goldstein. These similarities may be found in
the "unoriginal and non–copyrightable" parts of the work in question, like occurrences of the same artistic errors. Id. Essentially, if an author can show
that it is extremely unlikely that someone else made the same errors independently, then the author has proven probative similarities.
(2) Improper Appropriation: Substantial Similarity Test To prove improper appropriation, the author must demonstrate that the allegedly infringing
work is substantially similar to the author's original work, as far as copyrightable elements. There is no uniform substantiality test; however, the ninth
circuit has agreed on applying an extrinsic/intrinsic test. In this test, the court first applies the extrinsic test; the court lists copyrightable elements of the
works (both the infringing work and the original work). The court then analyzes any similarities. If the court finds sufficient similarities to implicate the
infringer, the court moves to the intrinsic test. The intrinsic test measures the instinctive reaction of the lay observer (like an average, non–expert, jury
member). If the author can prove both intrinsic and extrinsic test in his favor, then there is infringement; if either test is found in favor of the alleged
infringer, then there is no infringement. See Kouf v. Walt Disney Pictures & Television, 16 F.3d 1045 (9th

The Nigerian And The American Legal Systems
INTRODUCTION
The Nigerian and the American legal systems share a lot of common ground. Having been colonized by Britain, both countries share a lot of
characteristics with the English legal system. Both are common law legal systems based on English common law both at federal and state levels apart
from the state of Louisiana in the United States that is based on the Napoleonic civil code. Both countries are constitution–based federal republics and
have bicameral legislatures consisting of the Senate and House of Representatives in the United States (Congress) and House of Assembly and House
of Representatives in Nigeria (National Assembly). Despite the fact that Nigeria and America have similar legal systems, there are still some apparent
variations in terms of practice and procedure – a key component of effective dispensation of justice. Essentially, what obstructs quick dispensation of
justice and case management is not the law; rather, it is the practice and procedure.
JURISDICTION OF COURTS
In the English case of Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd, Lord Diplock defined the court 's
inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice. Lord Denning finely
affirmed, "Whenever a tribunal goes wrong in law, it goes outside the jurisdiction conferred on it and its decision is void. " Jurisdiction is fundamental
in every proceeding in a court. If a court

Opinions And Orders Of The United States Court Of Appeals
OPINIONS AND ORDERS The opinion of the United States Court of Appeals for the Thirteenth Circuit. R. 22–30. The decision and order of the
United States District Court, District of Wisteria denying Plaintiff's Motion for a New Trial. R. 13–21. CONSTITUTIONAL AND STATUTORY
PROVISIONS This case involves questions relating to Section 10(b) of the Securities and Exchange Act of 1983. 15 U.S.C. В§ 78j(b) (2012). It
also involves issues related to the willfulness requirement in the penalties provision of the Securities and Exchange Act. 15 U.S.C. В§ 78ff(a) (2012).
Finally, the case involves questions related to the hearsay exception for former testimony under the Federal Rules of Evidence. Fed. R. Evid.
804(b)(1). STATEMENT OF THE CASE
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R. 3. Abernethy told Bookwalter that it was a "nightmare, financially" and that he was only telling Bookwalter as a favor to him. R. 3. While
Bookwalter did own iTech stock, he did work as a stock broker. R. 3–4. The Second and Third Tips After learning about iTech, Bookwalter approached
Corinne Cuzick ("Cuzick"), a hedge fund manager and a close friend. R. 4. Bookwalter told Cuzik what Abernethy told him about iTech's financial
shortfall. R. 4. Cuzik asked why Abernethy would tell Bookwalter, and Bookwalter stated that he believed Abernethy was "looking out for family."
R. 4. After talking to Bookwalter, Cuzik executed a sell order on her sizable iTech stock. She then approached Dana DiNofrio ("DiNofrio"), a
financial adviser and a friend. R. 4. Cuzik proceeded to tell DiNofrio that she had good information that iTech's profits were poor. R. 5. While,
DiNofrio did not know Abernethy and Bookwalter personally, she did know who they were and knew about their relationship. R. 4–5. The Monday
after the party, DiNofrio sold her iTech stock as soon as the markets opened. R. 5. When iTech announced its earnings, its stock value fell by 20%
within thirty minutes. R. 5. Cuzik averted a 2.1 million dollar loss for her hedge fund, while DiNofrio averted a loss of 3 million dollars. R.5 SEC
and DOJ's Investigations into the Tips Cuzik and DiNofrio's trades were immediately flagged by computers at the Security Exchange Commission

The United States Federal Courts
The United States Federal Courts of today, are vastly different from what they were when our country was first beginning. The courts of the federal
system today, are designed in a hierarchical manner, with the United States Supreme Court sitting as the highest court in the land, and as the court of
last appeal (Neubauer & Fradella, 2008). While there are several different courts, which make up the federal system, there are laid out in a way that
allows for an avenue of appeals for a courts decisions. These appeals go up, from the lower courts, to the higher courts, and this allows for the review
of cases, to ensure that the person bringing the appeal has not been denied due process of law. In the founding days of our country, the learned
individuals, who were united in the cause of creating a new, democratic nation, saw the need to have a system of laws in place, in which to govern the
new nation (Neubauer & Fradella, 2008). These men joined together, at a Constitutional Convention, and began constructing the rules of governance,
which would create this nation. The Constitution of the United States was the document, which was created, and it specifically addressed the forming
of a federal judiciary in Article III. What our founding fathers could not agree on, was the scope of jurisdiction, which this new federal judiciary would
operate under, and thus Article III of the United States Constitution is very brief (Neubauer & Fradella, 2008). At the constitutional

Aliens : An Alien Who Arrives At The Nation 's Borders
I Questions Presented 8 U.S.C. 1225(b), states that an inadmissible alien who arrives at the Nation's borders may be subjected to detention and
removal proceedings, without a bond hearing. Section 1226 (c) states, that an immigration judge or officer may detain terrorist or criminal aliens,
without a bond hearing if there is suspicion that the alien has engaged in such activity. Under section 1226 (a), of the statute, if an alien demonstrates
that he or she is not a danger or flight risk to the community, that alien can be released on bond hearing during removal proceedings. Under 8 U.S.C.
Code В§ 1158, an immigration officer shall refer an alien with the intent to apply for asylum and has credible fear of persecution claim for an... Show
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The Department of Homeland Security, expanded the detention centers and refused release on bond even if the individual satisfied the credible fear of
persecution element of asylum. Bond amounts have been set to very high levels that most detained families cannot afford. The Trump Administration
plans on exponentially expanding detention centers and facilities. In February 2017, Asylum Division Chief John Lafferty, presented an updated
Asylum Division Officer Training Course (ADOTC), which included lesson plans on Credible Fear of Persecution and Torture Determinations, and
Reasonable Fear of Persecution and Torture Determinations. The aim of the plan is to revise the credible and reasonable fear standard of asylum
during screening, and make it consistent with the Border Security and Immigration Enforcement Improvements, Executive Order 13767 released on
January 25, 2017. The lesson plan's intent is to raise the current credible fear standard during the asylum screening process set by Congress, to a much
higher standard that occurs during hearings. Asylum Division Chief John Lafferty, has stated that the Department of Homeland Security has "already
located 20,000 beds for the indefinite detention of those seeking asylum." This is a close to a

Similarities Between California And Federal Courts
The California and Federal judicial systems are very similar in how they are designed and how they function. California state courts are established and
primarily obtain their power from the California State Constitution. This is similar to federal judicial system in that federal courts derive their power
from the United States Constitution. The following paper will compare and contrast the extreme similarities between both judicial systems as well as
some of the distinct differences.
One of the many differences between the federal and state courts is regarding each court's jurisdiction (the types of cases that a court is authorized to
hear). California state courts have a much broader jurisdiction than federal courts. Most hearings (felonies, family law, civil cases, probate, etc.) fall
under state law and thus are within the jurisdiction of the California judicial system. (Turner et al., 2016). The cases that California courts are not
allowed to hear are anything regarding United States federal law, any violations of the US Constitution, cases involving different states, bankruptcy,
copyright, etc. Federal courts are limited to these types of cases as well as anything explicitly spelled out by the US Constitution or by Congress.
A significant similarity between both judicial systems is that they are both comprised of Trial and Appellate courts (a Court of Appeals and a Supreme
Court). Trial courts are one of the lowest levels within both judicial systems, and they are

Perry vs. New Hampshire: Case Brief
Case Brief Case Name Perry v. New Hampshire 10–8974 US (2012). This case is before the Supreme Court of the United States of America following
an appeal by the defendant, Barion Perry. Case Facts This case revolves around; Barion Perry, the defendant, Nubia Blandon, the sole witness and
New Hampshire supreme court, the appellant. In this case, Perry is incriminated and convicted after being falsely identified for breaking into a car
in August, 2008. Nubia, the main witness in this case calls Nashua, New Hampshire police department to report the case after seeing Perry, standing
next to a parked car near her apartment. After responding to her call, law enforcement officers request her to point out the suspect and she positively
identifies Perry. Following her identification, Perry is arrested and brought for trials at the state's local court. Claiming that the witness wrongly
identified him, Perry files a motion to suppress the identification, which he terms as "unnecessarily suggestive." He files the motion believing that the
witness picked him after seeing him handcuffed by police officers and that he could not afterwards in a photo lineup or clearly describe him to the
police before the arrest. In addition, before the trial, Perry tries to suppress Blandon's identification, a step the New Hampshire trial courts rejects. The
court alleges that his challenge failed at "step one", since his identification did not result from an "unnecessary suggestive" procedure

Criminal Appeal Process
Federal Criminal Appeal Process as a Social Policy
The losing party in a judgment by a federal district court, in general has a right to appeal the judgment to the next highest court, which is usually the
United States Circuit Court of Appeals. In a federal criminal case, the government may not appeal a not guilty verdict, though they may appeal the
sentence imposed on a criminal convict. In a federal criminal case, the defendant may appeal their conviction and the sentence.
The party who files the appeal is known as the appellant. The appellant has the burden of proof. The appellant must demonstrate to the United States
Circuit Court of Appeals that the federal district made a substantial legal error, which affected the judgment in the... Show more content on
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Secondly, as stated above, the burden of proof is on the appellant to prove that an error occurred and that the error was substantial. Errors that do not
impinge on the substantial rights of the appellant are disregarded as harmless error. Number of Appeals Overview
As a general rule, the final judgment of a lower district may only be appealed once to the next higher court. Therefore, the total number of appeals is
dependent upon the total number of superior courts to the lower district court, which rendered the judgment. The first appeal is the "appeal as of
right"(Levenson, 2017). The "appeal as of right" entitles the appellant to the assistance of counsel (Levenson, 2017).
Steps in Filing a Timely Appeal: File the Notice of Appeal
Filing an appeal is ordinarily a two step process: firstly, file the notice of appeal. The notice of appeal is filed with the lower district court, which
simply notifies the lower district court that the defendant is appealing the case. The United States Circuit Court of Appeals may not consider an
appeal, if the lower district court has not received timely notice of appeal. In criminal appeals, notice of appeal must be filed within ten days from the
date the lower district court's judgment if filed (Levenson, 2017).
Secondly, file the appellate brief with the United States Circuit Court of Appeals. As stated above, the appellate

On Petition For Appeal To The United States Court Of Appeals
IN THE
Supreme Court of United States
______________________________
Douglas WEBER, Warden of The South Dakota State Penitentiary; Dennis Kaemingk, Secretary Of The Department Of Corrections,
Petitioners,
V.
NATIVE AMERICAN COUNCIL OF TRIBES; Blaine Brings Plenty; Clayton Sheldon Creek,
Respondents.
_______________________
On Petition For Appeal To The United States Court Of Appeals For The Eighth Circuits
____________
Law firm ****
1401 61 st., south,
Gulfport, Fl. 33707Native American Council of Tribes
1254 Lux St.,
St. Luis, SD. 52365
Conclusion
The Eighth Circuit of United States Court of Appeals did not apply the law correctly and the honorable Supreme Court shall rule in favor of the
appellants .
Rules:
Religious Land Use ... Show more content on Helpwriting.net ...
Those two requirements to legitimate forbidding usage of Tobacco are met here; first, the government is aware of the bad effects of tobacco,
especially in the prisons, as the inmates use it inside the prisons by extracting the tobacco from the mixture and using it for non–religious purposes and
that leads to security and order issues for inmates inside prisons, "a prison's interest in order and security is always compelling." Fowler v. Crawford,
534 F.3d 931, 939 (8th Cir.2008). In addition, tobacco causes harm for both, smokers inside the prisons and for those who are being effected by second

hand smoking. Therefore the government has a huge interest to forbid using of tobacco inside the prisons.
Second, in pursuing this governmental interest, the South Dakota Department of Correction (SDDOC) took several measures to prevent such security
and order issues and to eliminate the negative effects of using tobacco inside the facilities, but each time, the inmates still extract the tobacco from the
mixture and using it for non–religious purposes, therefore, there was no choice but to prevent any percentage of tobacco in the mixture as the least and
last measure to compel with the governmental interest. In Cutter v. Wilkinson the court stated "Lawmakers supporting RLUIPA . . . and anticipated
that courts would apply the Act's standard

Similarities Between Vietnam And The United State Court...
Comparison between Vietnam Court system and United State Court system in the judicial process The judicial process of Vietnam Court system and
the United State Court system have similarities and differences. These can be elucidated in the structural organization of the court systems, the
reconciliation process, administration of justice and criminal investigation and prosecution. Source sources and interpretation of the law is also a focal
point. In the Vietnam court system, the structural organization entails district people's court, the provincial people's court and the supreme people
court. This go hand in hand with the structure of United States Court system which involves United States District Courts, United States Court of Appeal
... Show more content on Helpwriting.net ...
These are hired and fired by the standing committee of the National Assembly. To be considered for the posts of lay assessor candidates need
approval from Fatherland Front. The Supreme Court is organized into the following structures, criminal and economic departments, a judicial council,
a civil department and a judicial committee. There are also three departments of appeal. Cases are received, and the resolutions send to the Provincial
People's Court. Decision made by the appeal departments take effect immediately otherwise overruled by the judicial council. It is also the
responsibility of the supreme courts to summarize certain judgment on the yearly bulletin. Comparatively in the United States in the judicial process
the Supreme Court is the greatest. This is headed by the chief justice and five other chiefs. These are appointed by the president and approved by the
senate. The justice enjoys security of tenure and; once appointed they are on jobs for life. The Supreme Court is made of the judges who are also
appointed by the president on approval by the senate. The Supreme Court is the highest court in the United State court system. It performance can be
ranked together among the best court systems in the world. The function of the Supreme Court is classified into two categories. There are the original
jurisdictions which mainly involve cases that directly handle by the Supreme Court. These are mainly cases that involve the federal government and the

Sheridan V. Carpenters: A Case Study
The central principle against protection for union officers is grounded in the statutory language of В§ 101(a) of the LMRDA, which states that
"every member of a labor organization shall have equal rights and privileges." 29 U.S.C. В§ 411. Section 101(a)(1) explicitly contains the phrases
"every member" and "all members" with no direct reference to officers. As noted in Sheridan v. Carpenters, 50 LRRM 2637 (3rd Cir. 1962), legislative
history shows that Congress did not intend to protect union officials. Although the original Senate bill contained the phrase "the right of any member
or officer", the final version omitted the word officers and "speaks only of the right of members" (p. 2641). The court held that this demonstrates
congressional... Show more content on Helpwriting.net ...
The primary argument for the removal of union officers to be considered as discipline arises from the phraseology of the term "otherwise discipline"
in В§ 609 of the LMRDA. 29 U.S.C. В§529. The court in Bradford v. Textile Workers, 96 LRRM 2690 (4th Cir. 1977) held that every word or phrase
in a statute is written with an intentional purpose. Since the term "otherwise discipline" has an ambiguous scope, the court inferred that Congress must
have deliberately written the Act to have a "broad and liberal construction." (pg. 2693). Therefore, the court concluded that discipline must encompass
other forms of sanctions associated with the overriding objective of the Act. Bradford. Since the Act was intended to safeguard union members against
retaliation from free speech, the court recognized that "otherwise discipline" includes "retaliation for the exercise of the statutorily protected right of
free speech." (pg. 2683). Therefore, discipline includes removal from office, and officers are protected by the

USA Legis System
The U.S. Legal System: A Short Description
Federal Judicial Center background The U.S. Constitution establishes a federal system of government. The constitution gives specific powers to the
federal (national) government. All power not delegated to the federal government remains with the states. Each of the 50 states has its own state
constitution, governmental structure, legal codes, and judiciary. The U.S. Constitution establishes the judicial branch of the federal government and
specifies the authority of the federal courts. Federal courts have exclusive jurisdiction only over certain types of cases, such as cases involving federal
laws, controversies between states, and cases involving foreign governments. In certain other ... Show more content on Helpwriting.net ...
Many states also have an intermediate appellate court called a court of appeals that hears appeals from the trial court. A party in a case generally has
one right of appeal. court administrat i on
The judicial branches of the federal and state governments are separate from the legislative and executive branches. To insure judicial independence,
the judicial branches of the federal and state governments control the administration of the courts. Court administration includes managing court
budgets, prescribing rules of trial and appellate procedure, reviewing judicial discipline matters, offering continuing educational programs for judges,
and studying court performance. In the federal judiciary, the Judicial Conference of the United States, made up of 27 members (the Chief Justice of the
United States and 26 judges from each geographic region of the United States) has overall administrative responsibility for the courts and has primary
authority to make policy regarding the operation of the judicial branch of the government. The Judicial Conference is assisted by a large number of
committees made up of federal judges (and sometimes also state court judges and attorneys) who study different parts of the federal court system and
make recommendations. An important re–
the u.s. legal system: a short description
sponsibility of the Judicial Conference is to

Should The Language Of The Constitution Be Applied?
Part 1 – Critical Thinking Questions 4,5,7,8,9,11 pg. 200, 1,2,4,6,8,9,11 pg. 233
4 Should the language of the U.S Constitution be applied in its original meaning or should it be applied in a more expansive sense? Explain I believe
that the U.S constitution should be applied in a more expansive sense. A lot of our country has changed since 1789 when the constitution was first
written. The way of life is different, the way we prosecute criminals is different, even the way we handle civil disputes is different. At the beginning,
the constitution served as an application to that era's disputes and defiances. Today we are seeing new issues arising. Human rights, police brutality,
protesting in a criminally provocative way , yes, you name ... Show more content on Helpwriting.net ...
Article I of the U.S Constitution create the legislative branch, which creates the laws of the land. Article II of the Constitution creates the executive
branch, which enforces the laws. The judicial branch is created in Article III of the Constitution. This branch provides interpretation of the laws and
has the power to review and decide cases involving states rights.
11 What does the supremacy clause provide? What would be the consequences if the supremacy clause did not exist? The supremacy clause states that
the United States Constitution, treaties, federal laws, and federal regulations are the supreme law of the land, if this didn't exist then states would have
more power over the federal government.
1 Describe the difference between the state limited–jurisdiction courts and general jurisdiction courts. Limited jurisdiction courts only have jurisdiction
in specific in only well–defined areas of law. General jurisdiction courts have general jurisdiction over all subject matters within their local jurisdiction.
2 What are the functions of the state intermediate courts and the highest state courts? Explain. The state intermediate courts hear appeals from the trial
court (Goldman and Cheeseman 10). These courts review the record from the trial court to determine errors that can ultimately modify or reverse the
decision in a case. The highest state courts (commonly known as

The Inclusion Of The Phrase ' Under God
The inclusion of the phrase "under God" in our nation's Pledge of Allegiance is an extremely controversial topic within the United States government.
This only brings to attention that although society says you may not force others to follow your religion, it is not looked down upon to practice a
religion in the presence of people who believe differently. The Supreme Court of the US has confirmed this multiple times. In addition, thePledge of
Allegiance is recited only as an act of patriotism and as a way to honor those who have fought for the freedom we have graciously been provided. The
addition of the phrase was not to provoke argument, but to separate us from other countries and to highlight our differences from others through our
past; to show the principles our country was founded on. Most importantly, there is the blatant fact that the pledge is completely voluntary. Due to our
daily recitation, some might be given the impression that we're a Christian nation, not knowing the facts. Overall, the phrase has been tried a countless
number of times in the Supreme Court, without failure; it has historic value that no one can take away from it; and, most importantly, participation in
reciting the Pledge is completely voluntary, making the Pledge of Allegiance not only legal in all respects, but also deserving of our recitation in
public schools daily.
Since the phrase was added in 1954, cases have been found in the Supreme Court questioning its validity. In one

The Federal Court System
To properly discuss the history of the Federal Court System in America one must first describe the functions and responsibilities of the court system. As
with anything complex, it starts first from humble beginnings, and constant adaptations, and in the end you get your final product. This complexity that
is going to be described and explained just so happens to be the American Federal Court System, this will cover the history, growth and development, as
well as the current status of this intricate system.
The Supreme Court is the highest court in the federal system, currently the Supreme Court has nine Justices who hold meetings in Washington, D.C.
There are ninety–four district level trial courts and thirteen courts of appeals that sit below the Supreme Court. Most importantly Article III of the
United States Constitution placed the actual judicial power to the Supreme Court. In the beginning, the Judiciary Act of 1789 made it possible for
the Supreme Court to be developed, the act also appointed a Chief Justice and five other associate justices. Over the next eighty years or so, changes
were constantly made to the Federal Court system; due to the Judiciary Act of 1801, the number of justices were reduced to five which also would
include the Chief Justice. From 1802 up until 1863, four more justices were authorized but, in 1837 the number of justices were reduced from a total
of ten to seven. Finally, in April of 1869 the size of the Supreme Court was raised one final

Texas Supreme Court Analysis
I chose to talk about how Texas has two supreme courts because it is very interesting. The United States only has one and they do an adequate job
at responding back but they never have enough time to actually do lots of cases. I had a class on criminal justice and my teacher explained to me
that the Supreme Court can only take a number of cases per year. I like how Texas has two Supreme Courts and they are divided into one dealing
with only criminal matters and the other one dealing with civil matters and juvenile cases. I feel like this gives the justices more time to take on cases
and have everything separate. I think this works really well. The Court of Criminal Appeals is one of two highest court system. The Court of Criminal
Appeals... Show more content on Helpwriting.net ...
"The majority of the cases heard by this court are appeals from appellate rulings by the intermediate Courts of Appeals. The Supreme Court of Texas
also has the authority to make legal determinations in instances in which no other court has jurisdiction–basically anything that does not fall under the
jurisdiction and responsibilities of other courts becomes the responsibility of the Supreme Court. It can also issue order to enforce its jurisdiction as
the highest civil court in the state." (university of Texas at Austin , 2016) The court also has a lot of other duties. They make rules on trials and
appeals. The Court of Criminal Appeal also do this but the difference is the type of cases they hear. They have more duties than the Criminal Court of
Appeals. "These include establishing the rules of administration for the Texas judicial system, as well as the rules of operation of the state Office of
Court Administration, the Commission on Judicial Conduct, the State Bar of Texas, and other state agencies in the judicial branch of government."
(university of Texas at Austin , 2016) This in my opinion, makes the Supreme Court of Texas the most powerful court in

Contrasts and Comparisons Between State and Federal Court...
The federal system of government in the United States shares power between the federal government and the state governments. Our political system
dictates that both the federal government and each of the state governments have their own court systems. Therefore, while the Constitution states that
the federal government is supreme with regard to those powers delegated to it, the states remain supreme in matters reserved to them. Both the federal
and state governments need their own court systems to apply and interpret their laws which are done by specifically spelling out the jurisdiction of
their respective court systems. U.S. District Courts, U.S. Circuit Courts of Appeal, and the U.S. Supreme Court are all one type of federal court, ... Show
State court systems deal with issues of law relating to those matters that the U.S. Constitution did not give to the federal government such as most
matters concerning the regulation of the family such as a marriages, divorces, adoptions; probate courts handle wills and estates. State courts also
handle contract cases and tort cases such as personal injuries. State courts are the final arbiters of state laws and constitutions.
The U.S. Constitution guarantees the right for a jury trial in the federal court if the amount of the claim is over $20, however, the same does not hold
true for a state court (many states do have the guarantee but the claim amount may be much higher).
Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court of Claims, and/or the U.S. Court of International Trade may appeal to a
U.S. Court of Appeals. Only certain cases are eligible for review by the U.S. Supreme Court and the Supreme Court may choose to hear or not to hear
such cases. Parties dissatisfied with the decision from a state trial court may take their case to the intermediate Court of Appeals. Parties also have the
option to ask the highest state court to hear the case.
In addition to the contrasts between the state court system and federal court system, there are also similarities which are; the federal district

Distinguishing Features of the Major Court Systems Essay
Distinguishing Features of the Major Court Systems
Criminal procedure can be complex, not only because of many factual questions that arise in day–day–police/citizen encounters but also because of the
two–tiered structure of the United States court system. This two–tiered structure reflects the idea of dual sovereignty. TheUnited States Legal system
has been designed allow all citizens to receive a fair criminal trial regardless of social status, gender, race, and ethnic background. The system is
composed by many confounding and complicated elements and processes. In the United States there are two parallel systems of courts: federal and
state. Each is divided into trial courts and appellate courts. There are more than 200 statewide ... Show more content on Helpwriting.net ...
In civil cases, however, venue can be based on a number of factors, such as where the cause of the action arose, where the defendant resides or
conducts business, or where the plaintiff resides (Abadinsky, 2008).
State court structures vary from one state to the next, but generally consist of courts of limited jurisdiction, trial courts of general jurisdiction,
intermediate appellate courts, and supreme courts. Most criminal cases originate in the trial courts of general jurisdiction, with decisions there being
appealed to the intermediate appellate court and then to the state supreme court (Worrall, 2007). In every state, most cases come to trial in courts of
limited jurisdiction, such as small–claims, juvenile, and traffic courts. These are specialized courts that hear only one or a relatively few types of
cases. They are the most numerous type of court in the United States and in some states these courts handle more than 80 percent of all trials
(Lieberman, 2004).
Felony prosecutions and major civil trials take place in courts of general jurisdiction, which are empowered to hear many kinds of cases. These
courts are often called superior courts, although the name varies by state. Every year more than 10 million cases or prosecutions are filed in these
courts. However, less than 2 percent of these ever come to trial. Most civil cases are settled by the parties and most criminal defendants enter plea
bargains (Lieberman, 2004).
The

The Supreme Court Case Of Washington V. Glucksberg
Assisted suicide has been an argument over time; if people should be allowed to have the option. This was the question that was discussed by the
supreme court in the cases of Washington v. Glucksberg on January 8, 1997. This case consisted of Dr. Harold Glucksberg, who is a physician. With
four other physicians and three terminally–ill patients. Also helping them was a non–profit organization Compassion in Dying. They all challenged
Washington State's ban on assisted suicide. They argued that assisted suicide and the right to die was a liberty interest protected by the Due Process
Clause of the 14th Amendment. I believe that any person who is in extreme pain and has a terminal illness should have the option of assisted suicide.
When the supreme court was making the decision in Washington v. Glucksberg case they used the 14th amendment in the constitution to make the
decisions on Assisted suicide. The 14th amendment states " All persons born or naturalized in theUnited States and subject to the jurisdiction thereof,
are citizens of the United States and of the State wherein they reside. 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 to
any person within its jurisdiction the equal protection of the laws." This states fundamental liberty for the people of the United States. The fundamental

The Three Levels Of United States Federal Courts
The United States Federal Court comprises of three fundamental levels: the district courts, the circuit courts, and the Supreme Court of the United
States. The district courts are federal trial courts, the first appeals go to the circuit courts, and the final appeals go to the Supreme Court of the United
States. Furthermore, these three levels of courts handle both civil and criminal matters. Each has diverse result. It is essentials to know the fundamental
data of three levels of the United States Federal Court framework, the contrast in the civil and criminal cases, and finally, the outcome of these cases.
The structure of the Federal Court System consists of three levels. The levels of courts made up of district courts, circuit courts,

What Is Stolen Valor
Stolen valor can be many things, a civilian putting on a military uniform claiming to have served, an individual who failed to complete boot camp
calling themselves a veteran, even an active duty service member fraudulently claiming to have earned medals, awards, or insignia. When you hear
news reports of stolen valor it often times it will involve fraudulent claims of earning the Congressional Medal of Honor. The Congressional Medal of
Honor is the nation's highest award for valor in actions against the enemy given to individuals serving in the United States military. Since its inception
in 1862, the Medal of Honor has been awarded 3,468 times, of which 621 were awarded posthumously (U. S. Army Center of Military History, 2015).
Those... Show more content on Helpwriting.net ...
So help me God (Department of Defense [DoD], Art. 15). Once an individual takes this oath, they are a member of the United States military. The
Commander in Chief of the military is the President of the United States and because he is the head of the federal government, this would make
members of the military government employees. Military members are given benefits and authority through the recognition of their uniform and
sacrifice to this nation. Similarly, law enforcement and government officials have the same benefits. Since military members are given the same
benefits and authority as law enforcement and government officials it should be a felony to impersonate military personnel as well. Also, considering
that military members are employees of the federal government and the awards they are given are authorized by the President of the United States or
by direction of the President the statute covering fraudulent claims of being an officer or employee of the government should extend to stolen valor,
which would make it a

Frederick Thide 's Article '
Frederick Thide's article, "In Search of Limiting Principles: The Eleventh Circuit Invalidates the Individual Mandate in Florida v. U.S. Department of
Health and Human Services," appearing in the Boston College Law Review claims that Congress will be crippled in its "future efforts to set social
welfare policy" (Thide 2012, 370) if the Supreme Court affirms the United States Court of Appeals for the Eleventh Circuit's holding that "Congress
exceeded its power under the commerce clause and necessary and proper clause by requiring individuals to purchase health insurance as part of the
Patient Protection and Affordable Care Act" (359). In his introduction, Thide (2012) describes the economic conditions of the health insurance market
that brought about the need for the Affordable Care Act and presents three main ideas to support his conclusion. As a final point, Thide (2012) warns
that rejecting "the view that Congress is the primary arbiter of what is necessary and proper," (370) under the necessary and proper clause, may
"significantly constrain Congress's power" (359) to develop and implement "novel regulatory schemes that include the use of economic mandates"
(371).
After "decades of political wrangling over proposals for universal health care" (Thide 2012, 359), Congress passed the Patient Protection and
Affordable Care Act and President Obama signed it into law on March 23, 2010. Thide (2012) calls the act "Congress's solution to a complex market
failure" (360).

Structure of the Federal Court System
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every
function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers.
This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by
the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement
was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The
Constitution of the ... Show more content on Helpwriting.net ...
This court system hears cases that were appealed from the district courts. These are not challenging the jury decision itself, but rather any legal errors
that may have been during the initial trial. For a conviction or sentence to be overturned, the Court of Appeals has to find the error(s), and be able to
prove that they were enough to have affected the outcome of the trial. This decision would be considered a prejudicial error because it warrants the
reversal of the previous judgment. If the error is insufficient in requiring a reversal of the judgment, it is considered a harmless error.
Our court system guarantees every litigant the right to have their case reviewed by the court of appeals. Courts of Appeal are governed by the Federal
Rules of Appellate Procedure. This set of rules, established by the United States Supreme Court, governs litigation in the federal courts.
Appellate rules are organized topically into seven titles, first by the source from which the appeal originates; district court appeals are followed by
Tax Court appeals, then administrative agency appeals. These are followed by rules for extraordinary writs and for habeas corpus proceedings and
proceedings in forma pauperis. Then the Rules provide general provisions relating to computation of time, format of briefs, costs, and the ability of

The Three Tiers Of The Federal Court System
The three tiers of the federal court system are: District Courts, Court of Appeals and The U.S. Supreme Court. The United States district courts are
the trial courts of the federal court system. This is where federal cases are tried. There are 94 federal district courts in the United States. The Courts
of Appeals hear cases that are appealed from the 94 district courts. The Court of Appeals was established by Congress to relieve some of the caseload
of the Supreme Court. There are 12 regional circuit courts, and one for the "Federal Circuit,". The Supreme Court of the United States in Washington,
D.C. is the highest court in the nation.
The United States political system dictates that both the federal government and each of the 50 states

The Court System Of Civil Law And Common Law System
III– The court system or the structure of court in civil law and common law systemA–The court system in civil law systems The courts have divided
according to public law cases and private law cases. Courts in civil law countries are more specialized than in the common law. There are multiple
sets of courts and each has its own jurisdiction, hierarchy, judiciary and procedure, For example, in addition to ordinary courts that deal with
private law matters, there may be Labor Courts, Social Security Courts, Commercial Courts, Administrative Courts and Agriculture Courts
addressing public law cases. Furthermore, the general rule is that private law problems are dealt with by the ordinary courts and criminal law is
also dealt with by ordinary courts, even though it rightly belongs in public law, decisions of the ordinary courts can be appealed to Appellate
Courts, at the head of the ordinary courts (and above Appellate Courts) sits the Court of Cassation. This court decides on only questions of law and
the interpretation of statutes. It is purpose is to ensure uniformity in the law. It can either affirm the ruling of the Appellate Court or declare the ruling
to be incorrect. For example, Iraqi court system. Iraqi civil law system has more than one type of court like many countries that practice civil law
system. The Federal Supreme Court is a modern court in Iraq, the Court is composed of a number of judges, the FSC, must be enacted by the Council of

USpreme Court System
When it comes to the United States or Texas and you want to find the rules and regulations that are carried out into that environment, here you can find
almost every law in the Constitution. Wither it is the US Constitution or the Texas Constitution the laws will be found there and they were all set for a
reason that happened in the past. The differences between the two are the history on why the laws were set and who it covers (Ginsberg, B., 2012).
The similarities are they both are powerful and both have a Bill of Rights (Ginsberg, B., 2012). They are many more differences behind the two
Constitution/government.
Supreme Court Other government differences you can find between the US government and the Texas government is their court systems.... Show more
content on Helpwriting.net ...
There are courts leading to the highest (Supreme Court) so that way every case is heard fairly. With Texas following the US Supreme Court is a
good structure for not only the government but for citizens as well. Not only does the government get to divide all they cases between courts and
importance but the people also get a right to ask to go higher, from state Supreme Court to federal Supreme Court. The people also have a choice to
appeal, with Courts of Appeal. The way the court systems are set up throughout both the federal and state systems are confusing but it is a better
system. If the state or nation only had a single court everything would be corrupt and out of order. We would only have one court system dealing
with murder, marriage, bankruptcy, and international trade that would confuse everyone. Also with mixing all kinds of criminals together can
possible get to the judge, when hearing different kinds of casing back to back can interfere with the verdict. When hearing murder case than hearing
a small robbery can right after, the judge can easily be more lenient with the robbery case because it isn't as big as a crime as murder. I believe the way
the Texas Supreme Court it set up is a good

American Courts And Substantive Law
What have we learned about American courts and substantive law? We have learned that there are many parts of the American courts. Each court has
its own responsibility, in this paper I will specify all of the responsibilities and the courts, state and federal, I will also identify the difference between
them for better understanding. Furthermore I will continue to go into detail and state what I have learned about American courts and substantive law.
There are four main federal courts in America; The United states Supreme Court, which are the highest courts there is, the United States court of
Appeals, the United States District courts and the Special courts. Each court has its own responsibilities and own significant court inside of ... Show
(source) The Supreme Court as we all know and have learned is the highest of authority. Each court has a certain amount of judges or justices sitting
on the bench and the Supreme Courts of America each have nine justices sitting on the bench. What is a justice? A justice is specified as a
magistrate or judge for the Supreme Court. Federal judges are appointed for life under article III of the constitution so that they wont be afraid to
make their unpopular decision. They are guaranteed life tenure so it is not reduced. https://ballotpedia.org/Federal_judge The Supreme Court
specializes in hearing civil and criminal cases, although lower courts hear most cases first unless the crime is significant then the case will be sent to
the higher courts of the State for criminal procedure. There is a framework of laws and rules that govern the administration of justices in cases
involving an individual or individuals who have been accused of a crime, beginning with the initial investigation of the crime and concluding either
with the unconditional release of the accused by virtue of acquittal or by the imposition of a term of punishment pursuant to a conviction for the crime,
this is known as criminal procedure. Decisions rendered by the Supreme Court are not appealable; decisions are a signed opinion by the justices.

Court Comparison Contrast Paper
CJA 224
Week 2 Learning Team B Assignment Court Comparison Contrast Paper
States and federal court system
State
The state court system is diverse and each state has its own judiciaries. The state has organized systems of courts and special court groups. Inferior
courts are the lowest level of state courts that includes municipal, magistrate, police, and county, justice of the peace, and traffic courts, sometimes
informal with minor civil and criminal cases.
Superior court handles serious offenses known as state district court, circuit courts, and many others. Superior courts are by counties, hear appeals from
inferior courts, have jurisdiction on major civil suits, serious crimes, and the nations jury trials occur. ... Show more content on Helpwriting.net ...
The next is the district courts, the United Stated courts of appeals, superior to one or more district courts composed of 11 judicial courts established
in 1891 by Congress throughout 50 states with six to 27 judges in each. Courts of appeal have jurisdiction in cases involving challenges of orders of a
federal regulatory agency as Securities and Exchange Commission (Columbial Electonic Encyclopedia, n.d).
The supreme court of the United States is the highest court of the federal system, mandated by the Constitution since 1869 composed of a chief justice
and eight associate justices located in Washington, DC in hearing all final jurisdictions on cases. This court may review decisions from the United
States courts of appeal and also choose to hear appeals from the state appellate courts if a federal constitutional issue is involved, possessing the
original jurisdiction on limited cases involving high–ranking diplomats from other nations or between two states.
Other federal judiciary have group of courts to handle limited types of disputes, including special federal court of court of court of federal claims on
monetary claims with Tax Courts and the United States government. Special court judges do not serve for life. Courts–martial for cases in the military
are handled by the United States

Coastal Drillers Tax Memorandum Essay
TAX FILE MEMORANDUM DATE:
FROM:
SUBJECT:Jeremiah Cranston/Coastal Drillers, Inc.
Recently, Jeremiah Cranston contacted our office in regards to him possibly providing services under a consulting agreement for Coastal Drillers, Inc.
He is concerned about the stock redemption that was completed six years ago and what effect, if any, working as an independent contractor might have
on him regarding the redemption.
Facts: Coastal Drillers, Inc. is owned 100% by the Cranston family. Six years ago Jeremiah Cranston redeemed all of his directly owned stock in
Coastal Drillers. This redemption resulted in a qualified complete termination redemption of stock allowing Jeremiah to recognize a long–term capital
gain on the ... Show more content on Helpwriting.net ...
Rul. 70–104, 1970–1 C.B. 66 (1970), is that services from the consulting agreement by the father show a prohibited interest within В§302(c)(2)(A)(i).
The attribution to him would be terminated due to stock attribution rules of В§318, which states that stock owned by family members individually may
be reattributed to him through estate, trust, partnership or corporation of which he is a stockholder. Therefore the redemption does not qualify as a
termination of his shareholder's interest within the meaning of В§302(b)(3) of the Code.
In a Tax Court case from 1974, Estate of Lennard v. Comm., 61 T.C. 554 (1974), the judgment of Congress was not to include independent contractors
which possessed no financial stake in the corporation as retaining an interest in the corporation for attribution waiver rules. The Ninth Circuit Court of
Appeals rejected this test by the Tax Court in Lynch v. Comm., 86–2 USTC В¶9731. The Court held that taxpayers providing post redemption services
either as an independent contractor or employee, held an interest prohibited by В§302 (c)(2)(A)(i). Mr. Cranston would fall under the jurisdiction of
the Ninth Circuit Court because he is a resident of California, and the higher court prevails. Since the Ninth Circuit Court is a higher court than the
Tax Court, the Lynch v. Comm case law prevails over the case law of the Estate of Lennard v. Comm.
Reasoning: Coastal Drillers, Inc. offer for Jeremiah to serve as an

Application Of Arbitration Agreements By California Employers
9th Circuit Weighs In On Arbitration Agreements
The use of arbitration agreements by California employers has seen much debate in recent years and is presently undergoing significant change.
Employers utilizing arbitration agreements with their employees should be aware of a new ruling that holds employees cannot waive their right to
collectively arbitrate claims under California's Private Attorney General Act ("PAGA") and anyarbitration agreement that requires an employee to
arbitrate individually is invalid. The ruling came on September 23, 2015 in a 2–1 decision by the 9th Circuit Court of Appeal.
The decision overturns rulings made by numerous lower courts which have held that employees can waive their rights to collectively arbitrate claims.
The case involved a former Lenscrafters employee who sued his former employer for wage and hour violations in 2013. A District Court judge ruled
that because the plaintiff signed an arbitration agreement, he could not pursue claims collectively on behalf of other Lenscrafters employees. This has
been the general ruling by the District Court in several other cases, and the basis of two other cases involving Coca Cola and Oakley pending before
the 9th Circuit.
It would seem at first glance that, applying U.S. Supreme Court precedent, the arbitration agreement entered into by the plaintiff would be enforceable.
The U.S. Supreme Court in AT&T Mobility, LLC v. Concepcion overturned a California Supreme Court holding that

United States Court Systems
United States Court Systems
This report is designed to give an overview of both the United States Court system and the Michigan State Court system. It will discuss each system
individually and explain each court and general knowledge about that court. It will explore the similarities and differences between the 2 court systems
and what the requirements are to determine in which court system cases should be heard.
The Federal Courts The Federal Court system is comprised of 3 different tiers, the United States Supreme Court, the United States Court of Appeals
and the United States District Courts. The United States District Courts are the trial courts of the Federal Court system. All cases heard in the Federal
Court system begin ... Show more content on Helpwriting.net ...
The Judges are elected to 6 year terms with the Chief Justice appointed by the Michigan Supreme Court to a 2 year term. There are 57 circuit court
districts in Michigan, with one State of Michigan Circuit Court in each district. The circuit court handles all civil cases with claims of more than
$25,000 and all felony criminal cases in which jail time exceeds 1 year. In each district there are also numerous limited jurisdiction courts such as
Michigan District Courts which handles traffic matters, criminal cases in which the punishment is less than a year in jail, and civil cases for between
$3000 and $25,000 in damages is sought. Michigan Small Claims Courts in which civil cases of $3,000 or less are heard. Michigan Probate Courts
which handle wills, estates and guardianships cases and also has divisions for Michigan Family Court which handle cases such as paternity, adoption,
personal protection orders, delinquency, divorce and Michigan Friend of Court which hears parenting time, custody, and child support issues. The
Michigan Court of Claims hears lawsuits for more than $1,000 against the State of Michigan. In conclusion, the State of Michigan is similar to the
United States Court system in that both have a 3 tiered system, but the State of Michigan seem much more divided in the trial court tier. Michigan has
divided the circuit court jurisdiction into many different limited jurisdiction courts specializing in certain

Possible Improvements to the Appeals Process
Appeals Process Paper The United States system of criminal justice actually goes far beyond the beginnings of American government. The system
is based on the English system, and the same is followed by governments around the world. This paper deals with the appeals process, how it fits
into the criminal justice system, what can be done to improve the system, and follows an actual case through the US system. What is an Appeal?
Basically an appeal is designed to give a litigant a second chance at a decision. It is like a second opinion from a doctor. The US Courts website
(2011) states "The losing party in a decision by a trial court in the federal system normally is entitled to appeal the decision to a federal court of
appeals. Similarly, a litigant who is not satisfied with a decision made by a federal administrative agency usually may file a petition for review of
the agency decision by a court of appeals." Every time a decision is made in a lower court it can be appealed to a higher court as long as that higher
court agrees that there is a reason for the appeal. The United States Supreme Court is the final rung in the ladder of the appeals process. So, an
appeal is a stated desire by the loser of a lower court decision to have their case reexamined by a higher court. Appeals and the Criminal Justice
System Court cases, both criminal and civil begin in a regional court which makes a decision based upon the law that governs that particular region and
that specific

United States Court Of Appeals For The District Of...
United States Court of Appeals for the District of Columbia Circuit
United States,
Appellee
v.
Antoine Jones,
Appellant
ON APPEAL AS OF RIGHT FROM THE U.S. DISTRICT COURT OF THE DISTRICT OF COLUMBIA
Case No. M2201–03453–CWA–T3–SP
Parker & Parker
Attorneys for Appellant
Oral Argument Requested
I.Table of Contents:
A.Table of Authorities: (Page 2)
B.Statement of Issues Presented for Review: (Page 2)
C.Statement of the Case: (Page 3)
D.Procedural History: (Page 3)
E.Summary of Facts: (Page 3, 4)
F.Standard of Review: (Page 4, 5)
G.Argument: (Page 5)
H.Conclusion: (Page 5)

II.Table of Authorities:
Katz v. United States
Silverthorne Lumber Company v. United States
Statement of ... Show more content on Helpwriting.net ...
Jones filed for an appeal claiming that the warrantless use of a GPS system to monitor his whereabouts constituted an illegal search. In August (2010),
the United States Court of Appeals for the District of Columbia Circuit overturned his conviction stating that the search conducted was unconstitutional
and violates Mr. Jones "reasonable expectation of privacy."
Summary of Facts:
The FBI suspected Antoine Jones for drug trafficking and subsequently attached a GPS tracking device to the undercarriage his vehicle to monitor his
location.
Mr. Jones was arrested on drug possession on October 24, 2005.
Mr. Jones filed a motion to suppress the evidence obtained by the invalid search conducted by law enforcement.
After a hung jury, Mr. Jones was acquitted of all charges except for one count of conspiracy to distribute and to possess with intent to distribute five
or more kilograms of cocaine and 50 or more grams of cocaine base.
In 2007, prosecutors retried Mr. Jones with one count of conspiracy to distribute and to possess with intent to distribute five or more kilograms of
cocaine and 50 or more grams of cocaine base.
In January (2008), Mr. Jones was found guilty on one count of conspiracy to distribute and to possess with intent to distribute five or more kilograms
of cocaine and 50 or

The Omnibus Crime Control And Safe Streets Act Of 1968 Essay
Question Presented
Under Title III of The Omnibus Crime Control and Safe Streets Act of 1968, (I) will the First Circuit adopt the Interspousal Immunity exemption, and
(II) even if the court adopts the ISI defense, will it apply to the case when a wife wiretapped her husband's phone calls by using her friend's answering
machine while they were within a friend's house?
BRIEF ANSWER
No. First, the First Circuit will not adopt the Interspousal Immunity exemption to Title III of The Omnibus Crime Control and Safe Streets Act of
1968. Second, even if the court does adopt the exemption, it will not apply to Mr. Bishop's case.
FACTS
Tony Bishop (Tony) and Christine Bishop (Christine) were formerhusband and wife. While they were house sitting in a house of Tony's friend,
Christine suspected that her husband had participated in gambling activity of College Basketball games. After discussed with her friend, Christine
borrowed her friend's answering machine, attached it to the phone lines within the house sitting house to record her husband's phone calls, and had
manually recorded the conversations between Tony and his friend without the consent of any party to the conversation. The conversations were about
Tony asking his friend to help him put bets on several College Basketball games, including the last game which he lost $1,100 on. Christine played the
tape to Tony, and she stated that she had never played it to another person. Christine divorced with Tony, and Tony lost the house

The At & T Mobility Versus Concepcion Legal Dispute
Executive Summary The AT&T Mobility versus Concepcion legal dispute was decided by the US Supreme Court after a protracted legal battle. The
landmark ruling by the Supreme Court endorsed the use of arbitration by business to the specific affected individual and prevented the class action. The
Supreme Court ruled that the Federation Arbitration Act of1925 (FAA) has precedence over state laws that prohibit contracts which disallow class–wide
arbitration. The legal tussle between Concepcion and AT&T started when Concepcion who had been contracted by the AT&T realized they had to
pay taxes on AT&T phones that were advertised as being tax free. Upon realizing about this misrepresentation, Concepcion filed a case against
AT&T under class action. However, AT&T disputed against Concepcion demand and moved to court for an order to compel Concepcion to use
arbitration as per their contract. On the other hand, Concepcion opposed AT&T arbitration process on the grounds that the contract was illegal in
California law which allowed for class action. The California courts, both the lower courts and the Ninth Circuit Court of Appeals found the
arbitration process illegal. These courts used the findings from the Discovery Bank Versus Superior Court, 36 Cal. 4th 148(2005) where the FAA law
did not have precedence over the California law, thus only the California laws were applied. However, AT&T appealed to the U.S Supreme Court that
ruled in favor of the company.
BODY
Background
AT&T

Pre Motion Requirements Adequate Failure
Respondents have satisfied Md. Rule 2–402(b)'s pre–motion requirements sufficient to justify their initial failure to disclose electronically stored
information. Specifically, promptly after receipt of 50NL's subpoena, Avpro delivered its objections to the subpoena to 50NL indicating that: "[Avpro]
objects to the Subpoena to the extent it calls for information or documents that are not known or reasonably available to the Witness or whose
collection and review unreasonably burdens the Witness, a non–party. . . . [Avpro] objects to producing any documentation that is not contained within
its business records. [Avpro] objects to producing text messages." "[Avpro] objects to the Subpoena as unduly burdensome to the extent that [50NL...
Show more content on Helpwriting.net ...
Md. Rule 2–402(b)(2). The merits of Respondents' contentions are addressed in Parts I (B), infra. Nevertheless, the plethora of notice that 50NL has
received regarding the grounds for Respondents' objection is more than sufficient so as to permit this Court to reach the questions as to whether the
requested discovery is unduly burdensome or costly, and whether 50NL's need outweighs the burden and cost. II.The Discovery Requested by 50NL is
Unduly Burdensome and Costly, and 50NL's Need Does Not Outweigh Avpro's Burden and Cost. The relevant inquiry in this matter is whether the
discovery requested of Avpro is unduly burdensome and costly, and if so, whether 50NL has shown that its "need for the discovery outweighs the
burden and cost of locating, retrieving, and producing the information." Md. Rule 2–402(b)(2) (emphasis added). Notably, the plain and unambiguous
text of this rule indicates that upon a prima facie showing of undue burden or cost, 50NL must affirmatively show that its need for the discovery
outweighs Avpro's burden and cost

13 Appellate Courts

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