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Crjs300 Theory and Practice in Courts
Unit 3: Theory and Practice in Courts
Stacey Pedroza
CRJS300–1203A–04: Proseminar in Criminal Justice
Professor Samantha Carlo
AIU Online University
June 24, 2012
Theory and Practice in Courts In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts
and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because
of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why.
Along with judges sentencing goals and philosophy; and sentencing innovations.
Dual Court System The United States ... Show more content on Helpwriting.net ...
Judges are a lot like police officers in that they hold a great amount of discretionary power in their courtrooms and their judgments. Judges are
required to ensure that the accused is given a fair trial, while also ensuring that the best interest of the public is maintained. There is a great amount of
pressure placed on judges today with excessive case loads and pressures from the media and other outside sources.
Difficult Cases An example of a difficult case would be that of a repeat sex offender. Being a parent this would pose a difficult moral situation,
wanting to impose the stiffest sentence possible to remove the offender from being allowed to interact with society at all. Sex offenders are not
worthy of being allowed to roam freely with our communities and there are not enough facilities to allow them to be locked up for life.
These offenders may see some jail time but they have specific guidelines on which they are allowed to live on house arrest or on parole.
Unfortunately, there are just not enough parole officers or case workers to monitor the daily activities of all of the parolees and many realize more
freedoms than they should be allowed.
Sex offenders have damaged their victims for life, and should be held more accountable for their actions. America has such a prison overcrowding
issue that we cannot possibly
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Pros And Cons Of Student Loan Fraud
Student Loan Fraud
In February, 2017, the United States District Court in Florida entered a final judgement in a civil trial against FastTrain College, a for–profit college
chain, for falsifying documents used to defraud the Department of Education of more than $12 million (Office of Inspector General, 2017). The owner,
Alejandro Amor, and the school falsified documents to receive federal funding through the Federal Pell Grant Program, the Federal Direct Loan
Program, the Federal Family Education Loan Program, among others which provide federal assistance to students. The school used predatory practices
to entice non–eligible prospective student to lie on their federal student loan applications to receive federal funding, most of which went directly to the
school and Amor. Two years earlier, a judge convicted Amor in a criminal trial for conspiracy to steal government funds and theft of government funds,
leading to a 97–month jail sentence. Student loan fraud makes it more difficult for eligible students to receive federal aid in getting a higher education.
Additionally, the United States government loses millions of dollars of taxpayer money to fraudulent student loan schemes and is unlikely to recover the
total amount lost.
Corporate Violence Against the Public:Water Pollution
In 2015, the Environmental Law Foundation filed a lawsuit against the Central Coast Regional Water Control Board for keeping pollution information
hidden from farmers in violation of the California
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Summary And Argument On The Law Of The Assistant U.s....
SUMMARY OF ARGUMENT Defendant knows that she lied to the Assistant U.S. Attorney Patrick Muss in the above conversation identified to by the
court. Defendant's dispute pertains to two main ideas: a)Defendant argues that Congress did not mean to include defense attorneys in 18 U.S. Code В§
1001 since defense attorneys have a duty to their client of loyalty. This duty would stop defense attorneys from revealing confidential information
without the consent of their client. As a result, defendant argues, there has to be an exception for defense attorneys in court as they represent criminal
defendants. Defendant argues the court to judicially make acceptance of 18 U.S. Code В§ 1001 for defense attorneys as they represent criminal
defendants. b)... Show more content on Helpwriting.net ...
Falsifies, conceals, or covers up by any trick, scheme, or device a material fact; b.Makes any materially false, fictitious, or fraudulent statement or
representation; or c.Makes or uses any false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement or
entry; b)Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents
submitted by such party or counsel to a judge or magistrate in that proceedings. Subsection (b) applies because Defendant was in fact, during this
statement, a party's counsel and should not be accountable for the statements, representations, writing or documents given by such party in that
proceeding. Subsection (a) does not apply to Defendant, my client, because despite the fact she completed a false statement, the statute goes on to
additionally state; c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to – a.Administrative
matters, including a claim for payment a matter related to the procurement of property or services, or a document necessary by law, rule, or regulation
to be submitted to Congress or any other office or officer within the legislative branch; or b.Any investigation or review, conducted pursuant to the
authority of any committee, subcommittee, commission or office of the Congress, consistent with
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The Specific Area Of Criminal Justice
For this assignment I will be identifying Courts as the specific area of criminal justice. I chose this area because I think it plays a vital part into how
our justice system works. Starting with a brief history of how and when the courts came into existence all the way through to where it is now. For a
person reading this paper, it's the assumption that you will get a better understanding of the Court system here in the United States. From 1775–83 (the
American Revolution) until the early part of the 20th century, the American justice system gradually came together. This included the court system,
policing and prison at the federal and state level. During the colonial period prior to the American Revolution, no distinctive American legal system
existed. The courts varied from colony to colony. A reform movement created a more unified American legal system during the middle of the 1700's.
The Revolution greatly sped up the reform process. The colonists ' victory over Britain brought independence and a new justice system that provided
both protection and rights for its citizens (Jrank Law, 2016). For the first several decades following the revolution, the courts system was an
experimental period as court decisions and legislation formed the foundation for a modern criminal justice system.
The court system has three main levels: district court, circuit court and the Supreme Court. All three levels make up 108 courts total i.e. 94 district
courts, 13 circuit courts and 1
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Judicial Misconduct Essay
Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic
rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said
"Government of the people, by the people, for the people, shall not perish from the Earth". Every part of the United States government has a duty to
protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the
United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the... Show
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The primary functions of lower courts consist of processing minor offenses but these courts will sometimes process felonies as well, without
sentencing the defendant. Major trial courts take the processed felony cases and complete them; in major courts the defendants who are charged with
felony crimes mainly enter a plea of guilty or not guilty, which then leads to a trial (Neubauer, 2010). The second component of our dual court system
consists of appellate courts. In the U.S. judicial system, a defendant found guilty in a trial court can normally appeal to a higher federal court. These
federal courts, or appellate courts, review decisions made by trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but
do not hold trials or hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the transcript of the trial and
whether the previous decision correctly or incorrectly followed the law (Neubauer, 2010). Similar to trial courts, the federal government and most
states have made two different types of appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases
heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the United States, the role of the judge stays
constant throughout the majority of branches. Judges and their duties in the courtroom are misunderstood, because of
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The Second Tier Of The American Federal Court System
The first tier of the American federal court system is the U.S. District Court. The U.S. District Court acts as a trial court, norm enforcement, and
makes policies. Everyone is entitled to a trial via the Sixth and Seventh Amendment for criminal and civil cases. Therefore, the U.S. District Court sees
numerous cases. This court hears criminal and civil cases per the trial courts where attorneys are able to examine and cross–examine witness before a
jury of their peers. All federal cases go before the U.S. District Courts including criminal cases, civil cases, bankruptcy cases, etc. The second tier of
the American federal court system is the U.S. Court of Appeals. The U.S. Court of Appeals act as reviewers and policymakers. This court reviews
cases that litigants are disappointed with the decision the lower courts made. The U.S. Court of Appeals is more likely to make policy on a
regional basis rather than a federal basis. The U.S. Court of Appeals hears numerous cases. They have zero control over which cases are brought before
them. Since the U.S. Court of Appeals have several cases brought before them they start with a screening process to decide whether an appeal should
receive a full review or to dispose of it. Once it is decided if a case is receiving a full review the cases are brought before a three–judge panel. Once the
cases are assed the screening process the attorneys argue their case before the three–judge panel. After the oral arguments have been completed the
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The United Bill Of Rights
The United Bill of Rights is perhaps one of the most important pieces of constitutional legislature that protects the rights of the individual to freedom,
liberty, and personal autonomy by limiting the powers of the federal government. While most people and the media discussions surrounding the Bill of
Rights usually clusters around the 1st and 2nd Amendments, the 7th Amendment is also an integral component in limiting federal power, which aids
in transferring the power of government from the concentrated hands of a few to instead the people. However, the 7th Amendment plays a less
significant role in affecting the day to day lives of the average American in today 's time than it did when the Bill of Rights was initially ratified in 1791.
The 7th Amendment is fairly straightforward in meaning and intention, but has important implications in terms of limiting federal power. There are
two important elements of this amendment. The first component, known as the Preservation Clause, declares: "In Suits at common law, where the value
in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." This is the part most people know, which details in what
situations a jury is needed for trial. The second component, known as the Re–examination clause, states: "no fact tried by a jury, shall be otherwise
re–examined in any Court of the United States, than according to the rules of the common law." Consequently, federal judges are prevented from
overruling
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Compare And Contrast The Law And Functions Of Our...
Law and Order The structure and function of our country's court system. The structure of the judicial system consists of Dual court system; Federal
court system and State court system, Concurrent jurisdiction, and the 5th amendment protects from double jeopardy. The federal judiciary operates
separately from the executive and legislative branches, but often works with them as the Constitution requires. Federal laws are passed by Congress
and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. However,
judges depend on our government's executive branch to enforce court decisions. Courts decide what really happened and what should be done about it.
They... Show more content on Helpwriting.net ...
These panels are a unit of the federal courts of appeals, and must be established by that circuit. District Courts; The nation's 94 district or trial courts
are called U.S. District Courts. District courts resolve disputes by determining the facts and applying legal principles to decide who is right. Trial
courts include the district judge who tries the case and a jury that decides the case. Magistrate judges assist district judges in preparing cases for trial.
They may also conduct trials in misdemeanor cases. There is at least one district court in each state, and the District of Columbia. Each district includes
a U.S. bankruptcy court as a unit of the district court. Bankruptcy Courts; Federal courts have exclusive jurisdiction over bankruptcy cases involving
personal, business, or farm bankruptcy. This means a bankruptcy case cannot be filed in state court. Through the bankruptcy process, individuals or
businesses that can no longer pay their creditors may either seek a court–supervised liquidation of their assets, or they may reorganize their financial
affairs and work out a plan to pay their debts. Article I courts; Congress created several Article I, or legislative courts, that do not have full judicial
power. Judicial power is the authority to be the final decider in all questions of Constitutional law, all questions of federal law and to hear claims at
the core of habeas
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Similarities And Similarities Between The California And...
The California judicial system and the United States federal system are different but comparable. Consequently, both the California and the United
States federal judicial system handle different types of cases. Essentially, California handles cases that deal with 1) state courts 2) civil cases and 3)
criminal cases. On the other hand, the United States federal system handle cases that deal with 1) the Constitution, 2) laws that are passed through
congress and 3) cases in which the United States is a party. In spite of the fact that the California system and the United States federal system are
different yet comparable, this paper will address both court systems concluding with the United States federal system being superior to the California
system. The Federal court system and the California court system has similar structures that can be viewed as a three–layer pyramid. For example, on
the very top of the pyramid in regards to the federal court system there is the United States Supreme court. Secondly, in the middle of the pyramid
there is the United States Court of Appeals. Lastly, on the very bottom of the pyramid is the United States District Courts. On the other end,
California's highest court is known as the Supreme court. In the center of the pyramid for California is known as Court of Appeals. Lastly, at the very
bottom of the courts for California is known as the Superior Court. In contrast, the difference is the very bottom of the pyramid where the Federal court
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The Three Levels Of The Federal Court System
In the United States Government, there are three levels of the federal court system: District courts, Courts of Appeal, and the Supreme Court. District
courts were created after the Judiciary Act of 1789, and consist of federal trial courts that do not cross state lines. They can use original jurisdiction
on some cases if they involve a federal government as a party, present a federal based question, or involve civil suits with citizens. The United States
attorney, who is nominated by the President and confirmed by the Senate, is the district's chief law enforcement officer. Courts of Appeals was
established in 1789 to hear appeals from federal district courts. They are overseen by the chief judge, who serves 7 years, and each court can range
from 11–30 judges, depending on the workload and complexity of cases. These courts appeal cases by the losing party that have already been heard
and decided in a federal district court. They have no original jurisdiction, but instead use appellate jurisdiction over appeals from criminal cases, and
from administrative agencies. The Supreme Court reviews cases at the center of highly controversial issues that the political process has yet to resolve
successfully. These cases may include cases from the United States Courts of Appeals, state Supreme Courts, and act as a final decision. The judges
within the Supreme Court are highly regarded, and one must meet specific requirements to become one.
To become a Supreme Court Judge, the
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Essay on Federal vs. State Policy Comparison
Comparison
Laws and policies are written in different aspects of the criminal justice system. Some of these policies are written within the federal government and
some are written on a smaller scale in the state government. The two seem rather simple to understand on the surface. The federal government handles
the entire United States whereas the state government handles just what it says and that is within that specific state, such as New Jersey (N.J.). The
following paper will contain information which will compare and contrast the policies written from both types of governments and how they relate to
the criminal justice system. There will be information on how these policies have been developed and how they are implemented. Some ... Show more
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There is more difficulty in determining the federal system estimates. Federal sentencing guidelines were born in 1987 after the decision in Mistretta v.
United States. Time sentenced and time imposed were brought closer together. There was an increase of the amount of offenders sentenced toprison
and the average time they served (Wright, 2006). There is a severity gap between federal and state prison sentencing. Prosecutors are able to pursue
charges in whichever system they choose and this is because of the overlapping gap between the two prison systems. The choice between the two
really does matter a great deal due to the gap (Wright, 2006). The gap is more visible when charges are similar to each other, such as crimes
involving methamphetamine. For instance, a defendant who was charged with trafficking 50 grams of meth will be sentenced to anywhere from 70
months to 84 months in a North Carolina state prison, but in a federal prison could face anywhere from 120 months to life. The differences there are
huge. A prosecutor looking to put the defendant away for a long time will likely look at getting the offender sent to the federal prison (Wright, 2006).
The gap that is seen between the two prisons systems is not always that big of a gap. Federal manslaughter under the United States Sentencing
Guidelines "were lower than the authorized sentences for manslaughter in many states for many years (treating the federal guidelines maximum as the
highest
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Three branches of government
ABSTRACT
The components of the constitution are the framework for our country, and all function to give our government structure. The judicial, legislative, and
executive branches are all key components that make up our government, acting independently from the others, and allowing for checks and balances
in order to prevent misuse of power. Federalism affects how our government is run, and especially the criminal justice system. Within our criminal
justice system the main components are law enforcement, criminal courts, civil courts, and corrections.
Federal Government & Criminal Justice System
The United States federal government is made up of three branches, which all serve different purpose but ... Show more content on Helpwriting.net ...
Federalism is important so that there can be a set of checks and balances over the states, and so that people can appeal to a higher court if necessary.
Criminal Justice System There are many components of the criminal justice system and roles that each department have. The first component is law
enforcement, which are first responders, and typically the first to show up to a reported crime scene. It is their jobs to enforce the laws of the land,
help prevent crimes by policing, and arrest those suspected of committing crimes (OTHER. Once a person is arrested, they enter into the criminal court
system.
The court system is made up of defense and prosecuting attorneys, as well as judges and juries. Criminal courts are separated into state and federal,
and depending on the crime, the accused will tried at either one. The court system is an important part of due process, where someone is innocent
until proven guilty in the court of law. Judges determine whether or not to let the defendant post bond, and can also issue warrants which will allow
police officers to arrest suspects (Volkomer, 2011). Those accused have a chance to present their case and be heard. If the defendant is found guilty,
they will be given their sentence in court and turned over to corrections.
Not all court proceedings are criminal, legal proceedings can also be civil (Davenport, 2012). Civil courts deal with cases where a person files a
complaint against the person being sued, which
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Judicial Administration System In Justia
Judicial Administration:
A.In the Federal, State, and local calendar and dockets, cases have become public record. Many of these public records and databases are a form of
directory that includes references to court dockets and calendars. Justia is a free database for searching federal district court civil cases. Justia
coverage spans from cases as far back as January 1, 2004 to the present. This database allows you to browse case filings or conduct a search by name,
court, type of lawsuit and date. The information provided also includes case caption, date filed, court, judge, type of lawsuit and cause of action.
Justia will also provide a link to the docket sheet a subscription required for PACER. A person can set up RSS feeds to track... Show more content on
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The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain federal laws: such as criminal,
antitrust, bankruptcy, patent, copyright, and some maritime cases. In the case of Jed, Herman and Jane even though the robbery occurred in
Washington D.C. the state would be able to hear the case within the its jurisdiction even though they were caught near the Canadian border after
the crime was committed. If the F.B.I. decides to take over the case regardless of where the crime took place then the case would be heard in
federal court. The case involving Jed, Herman and Jane when they were apprehended all the found was $25,000 in cash which was recovered by
police it did not warrant for the F.B.I to take over the case because the amount recovered was less than $75,000. In certain cases, both federal and state
courts would have jurisdiction over a case. State courts handle by far the larger number of cases, and have more contact with the public than federal
courts do.
In procedural law, a continuance is the postponement of a hearing, trial. It also helps rescheduled court proceeding at the request of either or both
parties in the dispute. In response to delays of court proceedings some states have adopted "fast–track" which is a guarantee by the Constitution of the
United States for a speedy trial. Attorneys
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Difference Between Confederation And The Constitution
After reading the articles of Confederation and the constitution, I found the main difference between them is the change of federal government's power.
In the articles of Confederation, most power still in the state government's hand, for example in the reading article 2 "each state retains its sovereignty,
freedom and independence" this means the state still retain nearly all the power, it is still a pretty much an individual country, but in the Constitution
judges in every state must judge based on the supreme law.
In the Articles of Confederation. Each state has its own army, congress has no power to raise a military force. So there were 13 different armies each
worked for its own state. But in the Constitution, Congress can raise an army,
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Federalism: Two Sides To The Great Debate
Federalism is a type of government that divides the power with the central government, states and local governments. A federal government is different
than a confederation in the way that the states and local government have more power than the main government. There are also different kinds of
federalism such as; dual and cooperative federalism. In dual federalism, they believe that states and other local government should have as equal power
as the central government. In cooperative government, they believe that states and other local government should have an equal power as the central
government. One historical example of a debate on federalism was the Great Debate. There were two sides to the Great Debate, the anti–federalists and
the federalists. The Federalists wanted to ratify the Constitution however, the Anti–Federalists did not. The Federalists felt that this wasn't necessary,
because they believed that the Constitution limited the government not the people.
The role of Congress in a federal ... Show more content on Helpwriting.net ...
Full faith and credit addresses the fact that states within the United States have to respect public acts, records, and judicial proceedings of every other
state. An example of this would–be driver's license. For instance, if a driver has a driver's license in the state of California but they travel to Maryland,
then Maryland has to honor their driver's license through the full faith and credit clause. Another example of this would–be marriage laws, if a person
is married in one state then it will be valid in any state in the United States because of the full faith and credit clause. The due process clause in the
fourteenth amendment relates to federalism because the amendment grants citizenship to anyone who was born or naturalized in the United States no
state can make a law that may harm a citizen's privilege in the United
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Government Restriction In The United States
a. The term limited government refers to a government whose power and size are restricted. These restrictions are described in a government's
constitution. These restrictions are put into place so that a government does not become a tyranny. Limited government also minimalizes government
intervention in the economy and on individual rights such as free speech and religion. The United States is an example of a limited government and these
restrictions are described in the United States Constitution and the Bill of Rights.
b. Federalism is a system of government in which the power is divided between the national, state, and local governments. The Unites States
government is an example of federalism. This is because the governmental power of ... Show more content on Helpwriting.net ...
Special sessions of Congress is when the President convenes members of Congress outside of their normally held sessions. An example of a special
session of congress in United States history is when President Woodrow Wilson called together Congress in 1917 to discuss whether the United States
should enter World War I.
d. Judicial review is the courts ability to determine whether or not certain laws or treaties violate the Unites States Constitution, a State Constitution,
or preexisting laws. This is part of the checks and balances system in that it allows the judicial branch to supervise the executive and legislative
branches. An example of judicial review is Miranda vs. Arizona in 1966. They found that Ernesto Miranda's conviction had been unlawful because the
police never told him of his right to an attorney or his right to say nothing. This led to the Miranda Rights being recited to all suspects.
e. Legislature creating courts is Congress' ability to establish federal courts. These federal courts have limited jurisdiction and only have cases that are
authorized by the United States Constitution. Examples of federal courts include The Court of Appeals, U.S. Court of Claims, and the U.S. Bankruptcy
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The New President Faces Challenges At The Department Of...
The Life of an Executive Order
The new president faces significant challenges at the Department of Homeland Security (DHS). Rectifying these short comings is important if the U.S.
is to remain secure and prosperous.
On January 27th, 2017, president Trump signed an executive order dealing with immigration. The order took effect immediately and sparked anger and
confusion across the nation. Dozens of international travelers were detained at airports across the country. Most of those detained were simply caught
up in a government communication limbo. The order placed a temporary moratorium on immigration from seven countries Iran, Iraq, Libya, Somalia,
Sudan, Syria, and Yemen.
The people who elected Donald Trump president say the furor ... Show more content on Helpwriting.net ...
The order had been reviewed by the Justice Department Office of Legal Counsel (OLC) before it was issued. The OLC, whose authority addresses
the form and whether the order is properly drafted, approved the order. Yates objected to the president's executive order. Yates declared that as long as
she was acting attorney general, the Department of Justice would not present arguments in defense of the executive order until she became convinced
that it was appropriate to do so. Clearly, since Yates did not issue this statement on the grounds that the order was illegal, she based her decision on her
disagreement with the justice of the order.
Consequently, Yates was fired. This action fortified the legal battle we are debating today. Timeline of Trumps Order and the Court Filings
Sunday, Jan. 29 Federal lawsuits were filed in New York, Massachusetts, Virginia and Washington on behalf of travelers who were detained in airports
in the United States.
Later Sunday evening, the White House said that "legal permanent residents are exempt from the travel restrictions in the new executive order,"
referring to green card holders.
Monday, Jan. 30 Washington state Attorney General Bob Ferguson filed a lawsuit in the United States District Court in Seattle citing examples of
residents impacted by the ban. The lawsuit included a separate emergency motion for a nationwide, temporary restraining order that would bar the
enforcement of parts of
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Strengths And Weaknesses Of Nevada's Government
Running Head: Nevada's Government and its Officials1
Nevada's Government and its Officials
By Erika Galvez–Flores
Nevada's Government2
Abstract
This paper is about Nevada's government. It provides details into how Nevada became a state and when the Nevada constitution was created. My
paper also explains what the governor of Nevada does and how his formal powers compare to those of the President. I will explain Nevada's choice of
having a direct democracy and what that actually entails. Finally, I will also provide a comparison of strengths and weaknesses in Nevada's process in
electing judges.
Nevada's Government3
Nevada's Government and its Officials The United States constitution was originally created by our Framers with the purpose to allow the States to
have more power than the federal government. Over the years, the States have lost more of their power and the federal government has increased its
powers with interpretations and implied powers found within the constitution. All the States within the US have complied with the constitution created
by the Framers. Each state has created a longer, more detailed version of the United States constitution by using it as a basis for their own state
constitution and modifying it to better fit the specific needs of their state. The Nevada constitution is much longer than the United States constitution
and has many amendments that are a better fit for the people of Nevada.
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Court Systems
The U.S. Federal Court system I have chosen the United States Federal Court System as my topic of research. I believe the U.S Federal Court System
is paramount to our criminal justice system. Today the Federal Court System is a complex structure of courts and actors working together in an
imperfect process to deliver justice. Throughout the years there's been controversy and debate between the rights of state and federal courts. However,
as the dual process evolved they became dependent on each other. Without one or the other, the system will not function properly. The Federal Courts
have been a controversial issue since the 18th century. The two landmark decisions that are well known are the Article III of the U.S Constitution and...
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Since you cannot legally be punished in another state for a crime committed somewhere else, the state does have the option to extradite that criminal
and surrender their rights of a criminal accused and send them to the state that they were originally charged. This can also occur outside of the country,
for example if someone commits murder in the United States then flees to Mexico, the U.S. will request that the jurisdiction return this offender back to
the U.S. and not have them punished outside of the country. Within jurisdiction there is also personal jurisdiction and hierarchical jurisdiction.
Personal jurisdiction refers to the courts power over an individual person or corporation. An example would be if a person accused of fraudulent crimes
or crime committed through the internet, meaning that they committed the crime but were not physically present when the crime was committed.
Hierarchical jurisdiction refers to difference in the courts functions and all the responsibilities. This is divided into two types, original jurisdiction and
appellate jurisdiction. Original means that a court has the authority to try a case and decide the results. Appellate jurisdiction means that courts had to
power to review cases that have already been decided by other courts, but they believe there is a reason to re try it. Appellate courts often have limited
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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
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The Main Levels of the U.S. Federal Government
Running Head: THE MAINLEVELS OF THE U.S. FEDERAL GOVERNMENT
The Main Levels of the U.S. Federal Government
Lynn Todd
Colorado Technical University Online
PBAD200–0904A–13 American Government
Professor Jamie Boyd
October 12, 2009
The U.S. Government is composed up of three key branches, the Executive Branch, the Legislative Branch, and the Judicial Branch. Each branch has its
own powers, functions, checks, and balances. First, we will look at the history of the Constitution. During the 1600's many Europeans left Britain in
search of economic, political, and intellectual freedoms. However, they remained under the power of Britain, which functioned under a unitary system
of government with one national power that permitted it to ... Show more content on Helpwriting.net ...
Under the confederate system of government, the states preserved most of the power while the central government was unusually limited in power.
The central government could not take any action against any individual, it was compulsory that any action against an individual went directly through
the power of the states. The only power the central government had at the time was to assert war or oversee distant affairs, therefore lingering with
futility. In the end, it was perceived that this form of government could not function, as the states struggled constantly and economically stayed fragile.
As the states continued to increase and widen, several influential leaders became conscious that without a National government, the United States (the
continent) would remain at risk and weak. However, bringing the states as one, under a federal system was packed with debate; the states were
especially protective of their self–rule and freedom and were apprehensive of any new rules that would involve them giving up power to the new
national system of government. Ultimately, most states were agreeable to give up some of their power for the security of interests and commerce,
remaining disturbed and guarded of any form of unitary government that may impede their individual choice and liberation. (CTU online, 2008, phase
1 multimedia presentation). The articles of confederation became the U.S. Constitution in 1787, after the article of the
... Get more on HelpWriting.net ...
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
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Government Power and Authorities
#1. (Chapter 2) Define Federalism and Separation of Powers, Identify the Major Sources of State and Federal authorities explicit to the Constitution,
and explain why the division of powers architecture was important to the Framers.
Federalism is the division of Governmental powers and authorities between the State and Federal Governments. Separation of Powers is not actually
labeled or defined within the constitution. However, the Framers of the constitution found "to avoid tyranny, a separation or division of authority must
exist" (Feldmeier & Hall, 2012). They believed if the powers and authorities weren't separated there would be sheer chaos in the Nation. The U.S.
Constitution explains the authorities the State and Federal ... Show more content on Helpwriting.net ...
Some more of the powers of Congress found in Article I, section 8 of the Constitution are; "Congress has the power to impose and collect taxes which
are to provide for the debts of the United States, as well as for the common defense and welfare of the Country, Congress has the power to borrow
money on behalf of the United States, The regulation of commerce, both on the international and interstate levels, Congress has the Power to establish
currency and coin money, The power to establish post offices, and to organize, train, and arm a militia" (Understanding Enumerated Powers, 2014).
#4. (Chapter 5) Explain presidential privilege and immunity, citing and discussing the most significant Supreme Court cases in the area.
Once a person is officially elected to be the United States President, he is entitled to presidential privilege. Presidential privilege consists of matters
of confidentiality. A matter Presidential privilege was first questioned "by a federal court in the 1807 treason prosecution of Aaron Burr. An issue in
United States v. Burr was the production of a letter Aaron Burr had sent to President Thomas Jefferson" (Feldmeier & Hall, 2012). In this case,
President Jefferson had to produce the said letter. Presidential privilege was questioned again when President Nixon was in office. There were
accusations of President Nixon recording conversations which were held in the oval
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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
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The Supreme Court Of The United States
No.
In the
SUPREME COURT OF THE UNITED STATES
THE COMMONWEALTH OF PUERTO RICO Petitioner,
V.
LUIS M. SANCHEZ VALLE AND
JAIME GOMEZ VAZQUEZ Respondents.
On Writ of Certiorari to the Supreme Court of Puerto Rico
BRIEF AMICUS CURIAE OF NATASHA JOHNSON STATEMENT OF INTEREST
As someone in support of statehood for the Commonwealth of Puerto Rico, this case holds special significance. I am a firm believer that Puerto Rico
has been treated unjustly as a territory by the United States, and this has resulted in poor living conditions for its citizens. To deny a sovereign power
to enforce laws within its territory is only one of the many issues the Commonwealth faces. For these reasons, I write this brief of amicus curiae in
support of the Commonwealth of Puerto Rico.
ISSUES PRESENTED
Under the United States Constitution Amendment V, do the United States Federal Government and the Commonwealth of Puerto Rico have power to
enforce laws that stem from different entities, and thus considered two different sovereigns for the purpose of the Double Jeopardy Clause of the
United States Constitution?
APPLICABLE STATUTE
U.S. Const. amend. V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases
arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the
same offence to be twice put in
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Similarities Between State And Federal Courts
State and Federal Courts share similarities and differences among prosecution purposes and resolving cases based on certain criteria. Depending on
the nexus and magnitude of the case, depends on which level of prosecution the case will be heard. According to Criminal Law and Procedure,
federalism is defined as two forms of sovereign government in the United States, constructed of various levels of government such as city, county, state,
and federal (Hall, 2015). Furthermore, we can assume the amount of power strengthens from city government to federal government. Consequently,
much emphasis is shown to the Tenth Amendment regarding power as it states, "The powers not delegated to the United States by the Constitution,
nor prohibited to it by the States, are reserved to the States respectively, or the people", (Hall, 2015, p. 4). Thus, dual federalism has resulted in that
state and federal governments are coequal based on rulings by the Supreme Court (Hall, 2015).
Most people assume Federal Courts are more powerful when imposing sentences for crimes, and there are some cases that is true. Federal Courts
have guidelines and variables that have to be associated with the crime in order for the case to be held in Federal Court ... Show more content on
Helpwriting.net ...
Trial courts are simply where trials are heard in front of a jury and judge for the most part and are classified as United States District Courts in the
Federal Court and range from criminal, civil, and federal law violations. A decision or verdict is determined by a jury or a judge and the appropriate
sentenced is imposed on the defendant. Nevertheless, an appellate court does not have a trial but review the details of the case heard in the trial court
and proofreads the record from the trial court in most cases (Hall, 2015). "An appellate court can reverse, affirm, or remand the lower court decision",
(Hall, 2015, p.
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Federalist Representative Government
The Federalist Representative Form of Government
Trentina Shealy
LAW/PA 513
Patrick Irvine
February 20, 2017
The creation of the United States Constitution of 1787 established the beginning of the federalists representative form of government that exists today.
Alexander Hamilton, one of the founding fathers of the Constitution, has played a major role in establishing the current state of Federalism. This paper
will examine the role of the different branches of government, the exclusive powers of the federal and state government, the role of the courts in
federal–state relations and recommendations for improving the federalists representative form of government.
First, lets define federalism. Federalism is a division of power between each level of government with the idea of ensuring that no level of government
has complete control over the welfare of the nation. This is the reason why there are three branches ... Show more content on Helpwriting.net ...
He stated that it was a series of 85 articles used to help ratify the United States Constitution. The most influential articles were Federalist No. 10 and
Federalist No. 51 which support a strong and large republic and warned about the dangers of factions [1]. He went on to say that factions are groups of
citizens who are only concerned about themselves and not the community as a whole.
It was very interesting to know that Hamilton warned Americans of the dangers associated with factions but yet we have so many that exist today.
This fact was shared with Hamilton and he was appalled. Alexander Hamilton stated that James Madison, as well as himself, did not approve of direct
democracy because the individual rights of American citizens would have been ignored and would create a breeding ground for factions. Both
preferred a representative democracy that would protect the liberty of all
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Have you ever felt so overworked that it may be affecting...
Have you ever felt so overworked that it may be affecting the quality of the outcome? In today's day and age of our American judicial system, most
would agree our judges are overworked. The federal judges of the court system handle a vast number of court cases each year in the United States. It
has become directionally proportional between the growing populations, the increase in crime, in turn leading to more cases. There should be a
dramatic addition of judges within the federal court system to lower the workload of the justices. From the signing of the U.S. Constitution under
Article III, our founding fathers put power into our third branch of the government. The federal court system was new but becoming organized. It was
designed... Show more content on Helpwriting.net ...
There have many articles, journals and comments made and debated about the current crisis of the federal court caseload. "It would be nice to get
some help. We are pedaling as fast as we can on an increasingly rickety bicycle." М¶ ChiefJudge Fred Biery "To enable the Judiciary to continue
serving litigants efficiently and effectively, the judicial workforce must be expanded." М¶ Judicial Conference
It has been an ongoing struggle for the courts to keep up with the workload. The fact that there has been talk and discussion about resolutions; this
may be the first step to resolving the problem. In the beginning days of our judicial system, as said before, a judge's caseload seemed to be
reasonable. It was not until the last few decades where the workload skyrocketed. In civil cases alone from the '1940s through the mid '1990s, the
caseload increased nearly 580 percent. To emphasize the point, bankruptcy cases within the same time frame had increased over 1500 percent. There
is no question that the ratio between cases and judges has become overwhelming. During the '1940s the comparisons between civil and criminal cases
filed were parallel. However in the next few decades, civil cases rose slightly over the criminal, but then another issue began. Even though with fast
growing civil filings, the criminal cases were prone to take much more time throughout
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State & Federal Governments Similarities and Differences
Our government has not always been as successful as it is today. America's government began with the Articles of Confederation and separate state
constitutions. This was difficult. The country was not united. Each state took care of everything on their own and the national government could not
do anything. Our country had no national money or militia. Traveling was almost impossible. There were very few positive concepts with the Articles
of Confederation. Our present government is a federalism. This means there is equal power between the government and the people. Our government
is divided into three branches: legislative, executive, and judicial. We can find information on these federal branches in theUnited States Constitution.
We find ... Show more content on Helpwriting.net ...
The President can convene Congress, make treaties with other nations, and pardon someone of a crime's consequence. There are some differences
between the two executive branches, but overall they are part of the government to administer laws.
The judicial branch is almost the same in structure at both levels, but unlike in content. The setup of the courts starts with District Court, then goes to
the Court of Appeals, and finishes at the Supreme Court. The are 94 federal district courts, and 10 Minnesota district courts. Equal to the federal
district court, the state district courts hear the most cases. However, federal courts hear cases that are national offenses, including violated rights in
the Constitution, federal crimes, dispute within the U.S. government, controversies between states or between countries, or a crime committed on
the high seas. State courts hear criminal and civil cases that take place in that state. This is the main difference between the state and federal levels.
The other courts are set up similarly. The court up from the District Court is the Court of Appeals. The Court of Appeals hears appealed cases from
the lower court for the second time, but does not come to the verdict of guilty or innocent. The Court of Appeals decides if the case was given a fair
trial in the District Court. The number of judges is what differs between federal and state appellate courts. The federal Court of Appeals has a
three–judge panel, while the
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Federal Judicial Vacancies And The United States
Shannon Robin
April 8, 2015
Washington Lawyer Seminar Paper
Federal Judicial Vacancies in the United States
I.Introduction
There is currently a chaotic situation brewing within the federal judicial branch of the United States. Due to Congress refusing to submit nominations
for federal judges to the executive branch, few overall nominations for the federal judicial vacancies are being submitted to the Senate for confirmation.
This leaves senior judges struggling to handle caseloads meant for numerous people and the adjudication period doubling or tripling for those who are
bringing cases within the federal court system.
II.What are Federal Judicial Vacancies?
There are currently eighty–nine district courts within the fifty states, ninety–four total when the territories are included. There are thirteen judicial
circuits, each with their own court of appeals. Although the Constitution creates Article III judges, it does not state any specific requirements that an
individual must meet to become a federal judge. Due to this gray area, Congress and the Department of Justice have developed their own informal
criteria when reviewing a nominee's qualifications.
A federal judicial vacancy occurs when a judge is either elevated to a higher court or when they reach senior judge status, creating an empty seat on
the bench. A judge, beginning at the age of 65, may retire at their current salary or take senior status after performing 15 years of active service as an
Article III
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The Supreme Law Of The Land Granting Shared Power Between...
The United States has a federal court system and fifty state court systems, with each system having its own organization, structure, and jurisdiction. The
U.S. Constitution is the supreme law of the land granting shared power between the federal government and the state governments. In common, all
systems are multi–tiered; "predominantly hierarchical in structure (trial courts are first level, and appellate courts sit above them in successive or
ascending tiers) (Banks and O 'Brien 132)"; and they all have to adhere to the constitution. The 1789 Judiciary Act laid the foundation of the federal
judiciary's organizational structure and jurisdiction. It ensured that State courts would have concurrent jurisdiction with Federal courts regarding the
interpretation of the constitution and federal law (Banks and O 'Brien 127). In contrasting the size of the federal and state systems, the federal system
is much smaller, with the State courts handling the bulk of the nations judicial business. There are thirteen federal appellate courts (also known as US
courts of appeal) spread through out the country, and in each state there is at least one district court. In contrast, different types of trial, appellate, and
special courts exist in each state. Federal and state courts tend to handle similar cases; however, there are some cases that each system handles
exclusively. For example, bankruptcy cases fall under federal jurisdiction, while the majority of criminal and civil
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The Judicial System 3300 : Georgia Gwinnett College
Admissibility of Evidence
April Smolkowicz
Professor Carroll
The Judicial System 3300
Georgia Gwinnett College
Abstract
The admissibility of expert testimony from the past to the present, The Federal Rule of Evidence, Rule 702 (1975) the revision of Rule 702 (2000)
and (2010), Frye v United States (1923), Daubert v Merrell Dow Pharmaceuticals, Inc. (1993), and Kumho Tire Co., v Carmichael (1999).
I.Introduction:
II.Federal Rules of Evidence, Rule 702 (1975)
A.Rule 702 expert witness compared to a fact witness
B.Standards for admissibility of expert testimony
C.Rule 702 revised (2000)
III.Frye v. United States 293 F. 1013 (D. C. Cir. 1923)
A.Frye ... Show more content on Helpwriting.net ...
Most of us know that these shows are in fact fabricated and far from reality in the real world. We do not have equipment that sophisticated in real
life and it takes longer than an hour to solve a crime, much less talk to witnesses, and victims and possibly the gathering of evidence to be tested and
analyzed. With this in mind we will discuss the admissibility of evidence beginning with the Federal Rules of Evidence (FRE) enacted July 1, 1975,
also associated with Public Law 93–595: an act to establish rules of evidence for certain courts and proceedings enacted by legislature. The FRE is
the introduction of evidence at the civil and federal trial courts in the United States whereas it is left up to the jury and or the judges' digression. As
the Federal Evidence Review stated that, "The legislation was the culmination of more than fifteen years of effort to draft uniform rules of evidence
for the federal courts. The final legislation was then sent to President Gerald R. Ford and signed into law, as the new Federal Rules of Evidence
(2015)." The rules are broken down into eleven articles; for now we will explore article VII – with the opinions and expert testimonies. When
comparing the
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The Pros And Cons Of The United States Federalism
Americans citizens do not realize how good they have it, and perhaps take what their government provides them for granted. Our American government
system is with no drought a well operative government that is still in the working process. Within the civil liberties that protect us, to the civil rights
that has expanded the Americans since our federal government has inaugurate itself.
The United States Federalism is a government system for its power are divided between federal/national government and state government. The
constitution allows certain power to the government, and various power to states governments and various power to each other. Each state has their
own branches such as legislative branch, the executive branch, and judicial branch. Each state is entitled to authorize, enforce, and decipher laws, just
if they don't breach the constituent.
The Legislative branch check over the Executive branch; by overriding the president vetoes with two–thirds of a vote, the power over purse strings to
fund any executive movement, the power to remove the president through impeachment, treaties approved by the Senate, and Senate approves
appointments by the president. Legislative branch also checks over the judicial branch; by creating lower courts, remove judges through impeachment,
and Senate approves judges' appointments. (Tolbert, Ginsberg. We the People, pg. 53–54.)
Executive branch checks over the legislative branch; by the ability to call a special session of
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Federal Government Roles
Marisa Caputo
Cjus290–1601b–02
IP Unit 1
2/22/2016
The U.S federal government is made up of three branches, Executive, legislative, and judicial.
The President of the United States is in charge of the executive branch, his role is to enforce the laws that Congress makes. He is
Commander–in–Chief of the armed forces and, choses the persons to be in charge of federal agencies like the Cabinet, Department of Defense, and the
Social Security Administration. The Vice President is also a part of the executive branch, and is on standby should something happen to the President.
The Executive Branch employs more than 4 million Americans.
The Legislative Branch is, or otherwise known as Congress. There are two parts of congress, the Senate and the ... Show more content on
Helpwriting.net ...
If the defendant is convicted, he or she may have to serve time in jail or pay a fine. http://www.civilrights.org/judiciary/courts
/difference–civil–criminal–courts.html The role of the correctional system is to make sure that an offender's sentence is carried out, whether it's time
in jail, prison, or probation. The four goals of corrections are: retribution, deterrence, incapacitation, and rehabilitation. Each state's corrections is
responsible for deciding which policies and methods will be used to reach these goals for all offenders.
The Federal Court System The State Court System
Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the
U.S. Supreme Court and gives Congress the authority to create the lower federal courts. The Constitution and laws of each state establish the state
courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals.
Below these appeals courts are the state trial courts. Some are referred to as Circuit or District
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Theu.s. And Nevada Constitutions
An Analysis of the U.S and Nevada Constitutions and Government Structures By Lisa McClaughry 7165 PSC 101 Introduction to American
Government and Politics Spring 2015 Section Number: [3008] Class Number: [32583] Professor: William Eric Davis, Ph.D. This assignment
represents my own work. It is not a recycled assignment from another course and it has not been purchased, borrowed, or obtained from another
source. Nor has any part of it been plagiarized. I did not include sections written by or summarized by other students. I have not shared any part of my
paper with other students. I have made myself familiar with the definition of plagiarism and I have properly documented and cited all of the referenced
data and quotes in the... Show more content on Helpwriting.net ...
However, the length also affects other areas of the state 's political structure. The state of Nevada was signed into the Union by President Lincoln on
October 31, 1864. Since then, Nevada has made a few minor amendments to its Constitution throughout the years. The fundamental amendments within
the Nevada Constitution have remained for the most part, stable. The U.S constitution was meant to be more general in nature, so, the fact that it is
shorter than Nevada 's Constitution is to be expected. When dealing with State Constitutions, particularly Nevada 's, there are going to be amendments
that are inherent only to that state. For instance, in the Constitution of Nevada, there are special amendments for the revenue of taxes that deal with
gambling. Gaming taxes are the largest source of revenue for the state of Nevada 's general fund. This source of income has helped to shape another
aspect of Nevada 's Constitution in respect to a state lottery being prohibited. The reason why a state lottery has been essentially outlawed in Nevada
boils down to the Casinos not wanting direct competition for gaming revenue (Grimes). Even though taxes from having a state lottery would help
Nevada, the ample amount of tax revenue that the Casinos produce for the state have influenced the state legislature to reject dozens of lottery
proposals (Grimes). When considering the length of the Nevada Constitution it is also pertinent
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The Sentencing Reform Act Of 1984
The Sentencing Reform Act is associated with the Comprehensive Crime Control Act of 1984, were the U.S. federal statute increased the consistency
in the United States federal sentencing. The Sentencing Reform Act created the United States Sentencing Commission. This act allowed the
independent commission into the judicial branch of the United States Sentencing Commission. It consists of seven voting members and one nonvoting
member. For the sake of the United States Sentencing Commission, there are regulations that establish sentencing policies and practices for the Federal
criminal justice system, which ensures a meeting of the purposes of sentencing. Judges are also bestowed the power to determine the legitimacy of
convictions. The aspiration of the Sentence Reform Act was to avoid unwarranted sentencing disparities among defendants with similar records who
have been found guilty of similar criminal conduct Also to allow the Judicial system to process....
The Sentencing Reform Act of 1984 created an adjustment change in federal criminal sentencing policy and practice. Another act that contributed with
the Sentencing Reform Act was the Comprehensive Crime Control Act of 1984. The Sentencing Reform Act abolished parole in the federal system,
which created the United States Sentencing Commission. Sections of the administration 's committee were given responsibilities when it came to
criminal sentencing.
With the Sentencing Reform Act being in place, federal judges
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The Court Of The Federal Court System
Heber Concepcion
Courtroom #3: United States District Court, Southern District
The third and final court visited was the United States District Court. The United States district courts are the trial courts of the federal court system.
Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both
civil and criminal matters. Everyday hundreds of people across the nation are selected for jury duty and help decide some of these cases. There are 94
federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. Three territories of the United States ––
the Virgin Islands, Guam, and the Northern Mariana ... Show more content on Helpwriting.net ...
I was the sole public member here at this specific court, which made it seem a bit more daunting than usual. This court was probably where I had
an awe moment for myself. The room was filled with marble and gold trimming everywhere. The official courtroom was carpeted with wood
everywhere. The judge on duty, Honorable Alvin K. Hellerstein had not yet arrived when I was there. Outside the courtroom, counsels and
attorneys are discussing and/or gossiping at the moment before the case starts. The atmosphere of this courtroom is exactly what I expected a
courtroom to be like. This feeling was not met in the NY criminal and civil courts. One thing that was noticed was that there were zero court
officers in the courtroom so far which seemed very odd, given the daunting nature of the whole room. The transcriber, more commonly known as the
court reporter, arrived. The lack of my phone gives me no sense of time. It felt like I was there for about 5 minutes but it was more like ten to fifteen
minutes had passed. There was an abnormal lack of modern feel, but certainly no lack of modern devices. The courtroom that I was in had several
computers, which were equipped with some of the latest software made for them.
The case presented is United States of America v. Local 1804–1, which is a union. This hearing was for oral arguments only. There was a significant
sense of order in the room. Attorneys have a respect for the courtroom. Proceedings at the United States District
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Scott Rothstein
December 12 Scott Rothstein 2013 In July of 2010, Scott Rothstein was sentenced to 50 years in prison for running a US$1.2 billion Ponzi scheme
from his Florida law firm. DH Gatsby EXECUTIVE SUMMARY: Money Laundering & Scott Rothstein In July of 2010, Scott Rothstein was
sentenced to 50 years in prison for running a US$1.2 billion Ponzi scheme from his Florida law firm. Rothstein had two types of schemes. He
persuaded clients/investors to purchase hundreds of millions of dollars of structured settlements at a discounted price so that he could generate
immediate revenue from false settlements. Through the use of his law firm he fabricated court orders, forging the signatures of federal court judges,
that showed that... Show more content on Helpwriting.net ...
The paper trail would give warranted reasons for suspicion. The con revolved around the law firm settling numerous lawsuits and that the plaintiffs
wanted to expedite the receiving of their funds. Rothstein would sell their settlements at a lump–sum discount so they could receive their funds up
front to another individual/firm. In return, Rothstein promised investors substantial returns on the full value of the fraudulent settlement. Alongside a
financial review, I would inquire into Rothstein 's personal communication with staff and external colleagues. Obtaining computer, email and telephone
information would give me the greatest access to his communication. I would also contact all of his registered clients and confirm their information
with the information Rothstein has provided. Three Step Money Laundering Process Placement Phase: Illegal puts money in. Creates fake settlements
to interest purchasers out the to buy out the settlements at a discounted rate. Layering Phase: Move money around. Once he created the settlement, he
would receive cash payments for them at a discounted rate. In another ploy, in order for Rothstein to recover the money, his clients had to post bonds
worth millions of dollars with his firm. Integration: Rothstein would move the funds in several ways so that it would offer the illusion of being
legitimate sources of income. In several cases, he
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Compare And Contrast The Articles Of Confederation Vs The...
It is the year of 1787 the people in the new United States realized that the Articles needed to be fixed. The states called a convention where the delegates
wrote a completely new plan for government. The new plan became the Constitution. The Constitution, with a few amendments, describes the
relationship between the national government and you as a citizen of the United States. I am here to let you know that the new Constitution is better than
the Articles of Confederation. You must be thinking why? Well I have an answer for you. The Constitution is better than the Article of Confederation
because, the Articles had many weaknesses. The Federal Government created by the Constitution is very powerful. The Articles created a government
that
... Get more on HelpWriting.net ...

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Crjs300 Theory And Practice In Courts

  • 1. Crjs300 Theory and Practice in Courts Unit 3: Theory and Practice in Courts Stacey Pedroza CRJS300–1203A–04: Proseminar in Criminal Justice Professor Samantha Carlo AIU Online University June 24, 2012 Theory and Practice in Courts In reviewing the court system of the United States there is a definite hierarchy between the trial courts, appellate courts and the supreme courts of both the state and federal levels. However, the actions of the court systems move at such a slow and hindered pace because of the bureaucracy of motions and objections among many others. The following is a review of the type of court system the United States has and why. Along with judges sentencing goals and philosophy; and sentencing innovations. Dual Court System The United States ... Show more content on Helpwriting.net ... Judges are a lot like police officers in that they hold a great amount of discretionary power in their courtrooms and their judgments. Judges are required to ensure that the accused is given a fair trial, while also ensuring that the best interest of the public is maintained. There is a great amount of pressure placed on judges today with excessive case loads and pressures from the media and other outside sources. Difficult Cases An example of a difficult case would be that of a repeat sex offender. Being a parent this would pose a difficult moral situation, wanting to impose the stiffest sentence possible to remove the offender from being allowed to interact with society at all. Sex offenders are not worthy of being allowed to roam freely with our communities and there are not enough facilities to allow them to be locked up for life. These offenders may see some jail time but they have specific guidelines on which they are allowed to live on house arrest or on parole. Unfortunately, there are just not enough parole officers or case workers to monitor the daily activities of all of the parolees and many realize more freedoms than they should be allowed. Sex offenders have damaged their victims for life, and should be held more accountable for their actions. America has such a prison overcrowding issue that we cannot possibly ... Get more on HelpWriting.net ...
  • 2. Pros And Cons Of Student Loan Fraud Student Loan Fraud In February, 2017, the United States District Court in Florida entered a final judgement in a civil trial against FastTrain College, a for–profit college chain, for falsifying documents used to defraud the Department of Education of more than $12 million (Office of Inspector General, 2017). The owner, Alejandro Amor, and the school falsified documents to receive federal funding through the Federal Pell Grant Program, the Federal Direct Loan Program, the Federal Family Education Loan Program, among others which provide federal assistance to students. The school used predatory practices to entice non–eligible prospective student to lie on their federal student loan applications to receive federal funding, most of which went directly to the school and Amor. Two years earlier, a judge convicted Amor in a criminal trial for conspiracy to steal government funds and theft of government funds, leading to a 97–month jail sentence. Student loan fraud makes it more difficult for eligible students to receive federal aid in getting a higher education. Additionally, the United States government loses millions of dollars of taxpayer money to fraudulent student loan schemes and is unlikely to recover the total amount lost. Corporate Violence Against the Public:Water Pollution In 2015, the Environmental Law Foundation filed a lawsuit against the Central Coast Regional Water Control Board for keeping pollution information hidden from farmers in violation of the California ... Get more on HelpWriting.net ...
  • 3. Summary And Argument On The Law Of The Assistant U.s.... SUMMARY OF ARGUMENT Defendant knows that she lied to the Assistant U.S. Attorney Patrick Muss in the above conversation identified to by the court. Defendant's dispute pertains to two main ideas: a)Defendant argues that Congress did not mean to include defense attorneys in 18 U.S. Code В§ 1001 since defense attorneys have a duty to their client of loyalty. This duty would stop defense attorneys from revealing confidential information without the consent of their client. As a result, defendant argues, there has to be an exception for defense attorneys in court as they represent criminal defendants. Defendant argues the court to judicially make acceptance of 18 U.S. Code В§ 1001 for defense attorneys as they represent criminal defendants. b)... Show more content on Helpwriting.net ... Falsifies, conceals, or covers up by any trick, scheme, or device a material fact; b.Makes any materially false, fictitious, or fraudulent statement or representation; or c.Makes or uses any false writing or document knowing the same to contain any materially false, fictitious or fraudulent statement or entry; b)Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceedings. Subsection (b) applies because Defendant was in fact, during this statement, a party's counsel and should not be accountable for the statements, representations, writing or documents given by such party in that proceeding. Subsection (a) does not apply to Defendant, my client, because despite the fact she completed a false statement, the statute goes on to additionally state; c)With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to – a.Administrative matters, including a claim for payment a matter related to the procurement of property or services, or a document necessary by law, rule, or regulation to be submitted to Congress or any other office or officer within the legislative branch; or b.Any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with ... Get more on HelpWriting.net ...
  • 4. The Specific Area Of Criminal Justice For this assignment I will be identifying Courts as the specific area of criminal justice. I chose this area because I think it plays a vital part into how our justice system works. Starting with a brief history of how and when the courts came into existence all the way through to where it is now. For a person reading this paper, it's the assumption that you will get a better understanding of the Court system here in the United States. From 1775–83 (the American Revolution) until the early part of the 20th century, the American justice system gradually came together. This included the court system, policing and prison at the federal and state level. During the colonial period prior to the American Revolution, no distinctive American legal system existed. The courts varied from colony to colony. A reform movement created a more unified American legal system during the middle of the 1700's. The Revolution greatly sped up the reform process. The colonists ' victory over Britain brought independence and a new justice system that provided both protection and rights for its citizens (Jrank Law, 2016). For the first several decades following the revolution, the courts system was an experimental period as court decisions and legislation formed the foundation for a modern criminal justice system. The court system has three main levels: district court, circuit court and the Supreme Court. All three levels make up 108 courts total i.e. 94 district courts, 13 circuit courts and 1 ... Get more on HelpWriting.net ...
  • 5. Judicial Misconduct Essay Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said "Government of the people, by the people, for the people, shall not perish from the Earth". Every part of the United States government has a duty to protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the... Show more content on Helpwriting.net ... The primary functions of lower courts consist of processing minor offenses but these courts will sometimes process felonies as well, without sentencing the defendant. Major trial courts take the processed felony cases and complete them; in major courts the defendants who are charged with felony crimes mainly enter a plea of guilty or not guilty, which then leads to a trial (Neubauer, 2010). The second component of our dual court system consists of appellate courts. In the U.S. judicial system, a defendant found guilty in a trial court can normally appeal to a higher federal court. These federal courts, or appellate courts, review decisions made by trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but do not hold trials or hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the transcript of the trial and whether the previous decision correctly or incorrectly followed the law (Neubauer, 2010). Similar to trial courts, the federal government and most states have made two different types of appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the United States, the role of the judge stays constant throughout the majority of branches. Judges and their duties in the courtroom are misunderstood, because of ... Get more on HelpWriting.net ...
  • 6. The Second Tier Of The American Federal Court System The first tier of the American federal court system is the U.S. District Court. The U.S. District Court acts as a trial court, norm enforcement, and makes policies. Everyone is entitled to a trial via the Sixth and Seventh Amendment for criminal and civil cases. Therefore, the U.S. District Court sees numerous cases. This court hears criminal and civil cases per the trial courts where attorneys are able to examine and cross–examine witness before a jury of their peers. All federal cases go before the U.S. District Courts including criminal cases, civil cases, bankruptcy cases, etc. The second tier of the American federal court system is the U.S. Court of Appeals. The U.S. Court of Appeals act as reviewers and policymakers. This court reviews cases that litigants are disappointed with the decision the lower courts made. The U.S. Court of Appeals is more likely to make policy on a regional basis rather than a federal basis. The U.S. Court of Appeals hears numerous cases. They have zero control over which cases are brought before them. Since the U.S. Court of Appeals have several cases brought before them they start with a screening process to decide whether an appeal should receive a full review or to dispose of it. Once it is decided if a case is receiving a full review the cases are brought before a three–judge panel. Once the cases are assed the screening process the attorneys argue their case before the three–judge panel. After the oral arguments have been completed the ... Get more on HelpWriting.net ...
  • 7. The United Bill Of Rights The United Bill of Rights is perhaps one of the most important pieces of constitutional legislature that protects the rights of the individual to freedom, liberty, and personal autonomy by limiting the powers of the federal government. While most people and the media discussions surrounding the Bill of Rights usually clusters around the 1st and 2nd Amendments, the 7th Amendment is also an integral component in limiting federal power, which aids in transferring the power of government from the concentrated hands of a few to instead the people. However, the 7th Amendment plays a less significant role in affecting the day to day lives of the average American in today 's time than it did when the Bill of Rights was initially ratified in 1791. The 7th Amendment is fairly straightforward in meaning and intention, but has important implications in terms of limiting federal power. There are two important elements of this amendment. The first component, known as the Preservation Clause, declares: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." This is the part most people know, which details in what situations a jury is needed for trial. The second component, known as the Re–examination clause, states: "no fact tried by a jury, shall be otherwise re–examined in any Court of the United States, than according to the rules of the common law." Consequently, federal judges are prevented from overruling ... Get more on HelpWriting.net ...
  • 8. Compare And Contrast The Law And Functions Of Our... Law and Order The structure and function of our country's court system. The structure of the judicial system consists of Dual court system; Federal court system and State court system, Concurrent jurisdiction, and the 5th amendment protects from double jeopardy. The federal judiciary operates separately from the executive and legislative branches, but often works with them as the Constitution requires. Federal laws are passed by Congress and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. However, judges depend on our government's executive branch to enforce court decisions. Courts decide what really happened and what should be done about it. They... Show more content on Helpwriting.net ... These panels are a unit of the federal courts of appeals, and must be established by that circuit. District Courts; The nation's 94 district or trial courts are called U.S. District Courts. District courts resolve disputes by determining the facts and applying legal principles to decide who is right. Trial courts include the district judge who tries the case and a jury that decides the case. Magistrate judges assist district judges in preparing cases for trial. They may also conduct trials in misdemeanor cases. There is at least one district court in each state, and the District of Columbia. Each district includes a U.S. bankruptcy court as a unit of the district court. Bankruptcy Courts; Federal courts have exclusive jurisdiction over bankruptcy cases involving personal, business, or farm bankruptcy. This means a bankruptcy case cannot be filed in state court. Through the bankruptcy process, individuals or businesses that can no longer pay their creditors may either seek a court–supervised liquidation of their assets, or they may reorganize their financial affairs and work out a plan to pay their debts. Article I courts; Congress created several Article I, or legislative courts, that do not have full judicial power. Judicial power is the authority to be the final decider in all questions of Constitutional law, all questions of federal law and to hear claims at the core of habeas ... Get more on HelpWriting.net ...
  • 9. Similarities And Similarities Between The California And... The California judicial system and the United States federal system are different but comparable. Consequently, both the California and the United States federal judicial system handle different types of cases. Essentially, California handles cases that deal with 1) state courts 2) civil cases and 3) criminal cases. On the other hand, the United States federal system handle cases that deal with 1) the Constitution, 2) laws that are passed through congress and 3) cases in which the United States is a party. In spite of the fact that the California system and the United States federal system are different yet comparable, this paper will address both court systems concluding with the United States federal system being superior to the California system. The Federal court system and the California court system has similar structures that can be viewed as a three–layer pyramid. For example, on the very top of the pyramid in regards to the federal court system there is the United States Supreme court. Secondly, in the middle of the pyramid there is the United States Court of Appeals. Lastly, on the very bottom of the pyramid is the United States District Courts. On the other end, California's highest court is known as the Supreme court. In the center of the pyramid for California is known as Court of Appeals. Lastly, at the very bottom of the courts for California is known as the Superior Court. In contrast, the difference is the very bottom of the pyramid where the Federal court ... Get more on HelpWriting.net ...
  • 10. The Three Levels Of The Federal Court System In the United States Government, there are three levels of the federal court system: District courts, Courts of Appeal, and the Supreme Court. District courts were created after the Judiciary Act of 1789, and consist of federal trial courts that do not cross state lines. They can use original jurisdiction on some cases if they involve a federal government as a party, present a federal based question, or involve civil suits with citizens. The United States attorney, who is nominated by the President and confirmed by the Senate, is the district's chief law enforcement officer. Courts of Appeals was established in 1789 to hear appeals from federal district courts. They are overseen by the chief judge, who serves 7 years, and each court can range from 11–30 judges, depending on the workload and complexity of cases. These courts appeal cases by the losing party that have already been heard and decided in a federal district court. They have no original jurisdiction, but instead use appellate jurisdiction over appeals from criminal cases, and from administrative agencies. The Supreme Court reviews cases at the center of highly controversial issues that the political process has yet to resolve successfully. These cases may include cases from the United States Courts of Appeals, state Supreme Courts, and act as a final decision. The judges within the Supreme Court are highly regarded, and one must meet specific requirements to become one. To become a Supreme Court Judge, the ... Get more on HelpWriting.net ...
  • 11. Essay on Federal vs. State Policy Comparison Comparison Laws and policies are written in different aspects of the criminal justice system. Some of these policies are written within the federal government and some are written on a smaller scale in the state government. The two seem rather simple to understand on the surface. The federal government handles the entire United States whereas the state government handles just what it says and that is within that specific state, such as New Jersey (N.J.). The following paper will contain information which will compare and contrast the policies written from both types of governments and how they relate to the criminal justice system. There will be information on how these policies have been developed and how they are implemented. Some ... Show more content on Helpwriting.net ... There is more difficulty in determining the federal system estimates. Federal sentencing guidelines were born in 1987 after the decision in Mistretta v. United States. Time sentenced and time imposed were brought closer together. There was an increase of the amount of offenders sentenced toprison and the average time they served (Wright, 2006). There is a severity gap between federal and state prison sentencing. Prosecutors are able to pursue charges in whichever system they choose and this is because of the overlapping gap between the two prison systems. The choice between the two really does matter a great deal due to the gap (Wright, 2006). The gap is more visible when charges are similar to each other, such as crimes involving methamphetamine. For instance, a defendant who was charged with trafficking 50 grams of meth will be sentenced to anywhere from 70 months to 84 months in a North Carolina state prison, but in a federal prison could face anywhere from 120 months to life. The differences there are huge. A prosecutor looking to put the defendant away for a long time will likely look at getting the offender sent to the federal prison (Wright, 2006). The gap that is seen between the two prisons systems is not always that big of a gap. Federal manslaughter under the United States Sentencing Guidelines "were lower than the authorized sentences for manslaughter in many states for many years (treating the federal guidelines maximum as the highest ... Get more on HelpWriting.net ...
  • 12. Three branches of government ABSTRACT The components of the constitution are the framework for our country, and all function to give our government structure. The judicial, legislative, and executive branches are all key components that make up our government, acting independently from the others, and allowing for checks and balances in order to prevent misuse of power. Federalism affects how our government is run, and especially the criminal justice system. Within our criminal justice system the main components are law enforcement, criminal courts, civil courts, and corrections. Federal Government & Criminal Justice System The United States federal government is made up of three branches, which all serve different purpose but ... Show more content on Helpwriting.net ... Federalism is important so that there can be a set of checks and balances over the states, and so that people can appeal to a higher court if necessary. Criminal Justice System There are many components of the criminal justice system and roles that each department have. The first component is law enforcement, which are first responders, and typically the first to show up to a reported crime scene. It is their jobs to enforce the laws of the land, help prevent crimes by policing, and arrest those suspected of committing crimes (OTHER. Once a person is arrested, they enter into the criminal court system. The court system is made up of defense and prosecuting attorneys, as well as judges and juries. Criminal courts are separated into state and federal, and depending on the crime, the accused will tried at either one. The court system is an important part of due process, where someone is innocent until proven guilty in the court of law. Judges determine whether or not to let the defendant post bond, and can also issue warrants which will allow police officers to arrest suspects (Volkomer, 2011). Those accused have a chance to present their case and be heard. If the defendant is found guilty, they will be given their sentence in court and turned over to corrections. Not all court proceedings are criminal, legal proceedings can also be civil (Davenport, 2012). Civil courts deal with cases where a person files a complaint against the person being sued, which ... Get more on HelpWriting.net ...
  • 13. Judicial Administration System In Justia Judicial Administration: A.In the Federal, State, and local calendar and dockets, cases have become public record. Many of these public records and databases are a form of directory that includes references to court dockets and calendars. Justia is a free database for searching federal district court civil cases. Justia coverage spans from cases as far back as January 1, 2004 to the present. This database allows you to browse case filings or conduct a search by name, court, type of lawsuit and date. The information provided also includes case caption, date filed, court, judge, type of lawsuit and cause of action. Justia will also provide a link to the docket sheet a subscription required for PACER. A person can set up RSS feeds to track... Show more content on Helpwriting.net ... The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain federal laws: such as criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases. In the case of Jed, Herman and Jane even though the robbery occurred in Washington D.C. the state would be able to hear the case within the its jurisdiction even though they were caught near the Canadian border after the crime was committed. If the F.B.I. decides to take over the case regardless of where the crime took place then the case would be heard in federal court. The case involving Jed, Herman and Jane when they were apprehended all the found was $25,000 in cash which was recovered by police it did not warrant for the F.B.I to take over the case because the amount recovered was less than $75,000. In certain cases, both federal and state courts would have jurisdiction over a case. State courts handle by far the larger number of cases, and have more contact with the public than federal courts do. In procedural law, a continuance is the postponement of a hearing, trial. It also helps rescheduled court proceeding at the request of either or both parties in the dispute. In response to delays of court proceedings some states have adopted "fast–track" which is a guarantee by the Constitution of the United States for a speedy trial. Attorneys ... Get more on HelpWriting.net ...
  • 14. Difference Between Confederation And The Constitution After reading the articles of Confederation and the constitution, I found the main difference between them is the change of federal government's power. In the articles of Confederation, most power still in the state government's hand, for example in the reading article 2 "each state retains its sovereignty, freedom and independence" this means the state still retain nearly all the power, it is still a pretty much an individual country, but in the Constitution judges in every state must judge based on the supreme law. In the Articles of Confederation. Each state has its own army, congress has no power to raise a military force. So there were 13 different armies each worked for its own state. But in the Constitution, Congress can raise an army, ... Get more on HelpWriting.net ...
  • 15. Federalism: Two Sides To The Great Debate Federalism is a type of government that divides the power with the central government, states and local governments. A federal government is different than a confederation in the way that the states and local government have more power than the main government. There are also different kinds of federalism such as; dual and cooperative federalism. In dual federalism, they believe that states and other local government should have as equal power as the central government. In cooperative government, they believe that states and other local government should have an equal power as the central government. One historical example of a debate on federalism was the Great Debate. There were two sides to the Great Debate, the anti–federalists and the federalists. The Federalists wanted to ratify the Constitution however, the Anti–Federalists did not. The Federalists felt that this wasn't necessary, because they believed that the Constitution limited the government not the people. The role of Congress in a federal ... Show more content on Helpwriting.net ... Full faith and credit addresses the fact that states within the United States have to respect public acts, records, and judicial proceedings of every other state. An example of this would–be driver's license. For instance, if a driver has a driver's license in the state of California but they travel to Maryland, then Maryland has to honor their driver's license through the full faith and credit clause. Another example of this would–be marriage laws, if a person is married in one state then it will be valid in any state in the United States because of the full faith and credit clause. The due process clause in the fourteenth amendment relates to federalism because the amendment grants citizenship to anyone who was born or naturalized in the United States no state can make a law that may harm a citizen's privilege in the United ... Get more on HelpWriting.net ...
  • 16. Government Restriction In The United States a. The term limited government refers to a government whose power and size are restricted. These restrictions are described in a government's constitution. These restrictions are put into place so that a government does not become a tyranny. Limited government also minimalizes government intervention in the economy and on individual rights such as free speech and religion. The United States is an example of a limited government and these restrictions are described in the United States Constitution and the Bill of Rights. b. Federalism is a system of government in which the power is divided between the national, state, and local governments. The Unites States government is an example of federalism. This is because the governmental power of ... Show more content on Helpwriting.net ... Special sessions of Congress is when the President convenes members of Congress outside of their normally held sessions. An example of a special session of congress in United States history is when President Woodrow Wilson called together Congress in 1917 to discuss whether the United States should enter World War I. d. Judicial review is the courts ability to determine whether or not certain laws or treaties violate the Unites States Constitution, a State Constitution, or preexisting laws. This is part of the checks and balances system in that it allows the judicial branch to supervise the executive and legislative branches. An example of judicial review is Miranda vs. Arizona in 1966. They found that Ernesto Miranda's conviction had been unlawful because the police never told him of his right to an attorney or his right to say nothing. This led to the Miranda Rights being recited to all suspects. e. Legislature creating courts is Congress' ability to establish federal courts. These federal courts have limited jurisdiction and only have cases that are authorized by the United States Constitution. Examples of federal courts include The Court of Appeals, U.S. Court of Claims, and the U.S. Bankruptcy ... Get more on HelpWriting.net ...
  • 17. The New President Faces Challenges At The Department Of... The Life of an Executive Order The new president faces significant challenges at the Department of Homeland Security (DHS). Rectifying these short comings is important if the U.S. is to remain secure and prosperous. On January 27th, 2017, president Trump signed an executive order dealing with immigration. The order took effect immediately and sparked anger and confusion across the nation. Dozens of international travelers were detained at airports across the country. Most of those detained were simply caught up in a government communication limbo. The order placed a temporary moratorium on immigration from seven countries Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The people who elected Donald Trump president say the furor ... Show more content on Helpwriting.net ... The order had been reviewed by the Justice Department Office of Legal Counsel (OLC) before it was issued. The OLC, whose authority addresses the form and whether the order is properly drafted, approved the order. Yates objected to the president's executive order. Yates declared that as long as she was acting attorney general, the Department of Justice would not present arguments in defense of the executive order until she became convinced that it was appropriate to do so. Clearly, since Yates did not issue this statement on the grounds that the order was illegal, she based her decision on her disagreement with the justice of the order. Consequently, Yates was fired. This action fortified the legal battle we are debating today. Timeline of Trumps Order and the Court Filings Sunday, Jan. 29 Federal lawsuits were filed in New York, Massachusetts, Virginia and Washington on behalf of travelers who were detained in airports in the United States. Later Sunday evening, the White House said that "legal permanent residents are exempt from the travel restrictions in the new executive order," referring to green card holders. Monday, Jan. 30 Washington state Attorney General Bob Ferguson filed a lawsuit in the United States District Court in Seattle citing examples of residents impacted by the ban. The lawsuit included a separate emergency motion for a nationwide, temporary restraining order that would bar the enforcement of parts of ... Get more on HelpWriting.net ...
  • 18. Strengths And Weaknesses Of Nevada's Government Running Head: Nevada's Government and its Officials1 Nevada's Government and its Officials By Erika Galvez–Flores Nevada's Government2 Abstract This paper is about Nevada's government. It provides details into how Nevada became a state and when the Nevada constitution was created. My paper also explains what the governor of Nevada does and how his formal powers compare to those of the President. I will explain Nevada's choice of having a direct democracy and what that actually entails. Finally, I will also provide a comparison of strengths and weaknesses in Nevada's process in electing judges. Nevada's Government3 Nevada's Government and its Officials The United States constitution was originally created by our Framers with the purpose to allow the States to have more power than the federal government. Over the years, the States have lost more of their power and the federal government has increased its powers with interpretations and implied powers found within the constitution. All the States within the US have complied with the constitution created by the Framers. Each state has created a longer, more detailed version of the United States constitution by using it as a basis for their own state constitution and modifying it to better fit the specific needs of their state. The Nevada constitution is much longer than the United States constitution and has many amendments that are a better fit for the people of Nevada. ... Get more on HelpWriting.net ...
  • 19. Court Systems The U.S. Federal Court system I have chosen the United States Federal Court System as my topic of research. I believe the U.S Federal Court System is paramount to our criminal justice system. Today the Federal Court System is a complex structure of courts and actors working together in an imperfect process to deliver justice. Throughout the years there's been controversy and debate between the rights of state and federal courts. However, as the dual process evolved they became dependent on each other. Without one or the other, the system will not function properly. The Federal Courts have been a controversial issue since the 18th century. The two landmark decisions that are well known are the Article III of the U.S Constitution and... Show more content on Helpwriting.net ... Since you cannot legally be punished in another state for a crime committed somewhere else, the state does have the option to extradite that criminal and surrender their rights of a criminal accused and send them to the state that they were originally charged. This can also occur outside of the country, for example if someone commits murder in the United States then flees to Mexico, the U.S. will request that the jurisdiction return this offender back to the U.S. and not have them punished outside of the country. Within jurisdiction there is also personal jurisdiction and hierarchical jurisdiction. Personal jurisdiction refers to the courts power over an individual person or corporation. An example would be if a person accused of fraudulent crimes or crime committed through the internet, meaning that they committed the crime but were not physically present when the crime was committed. Hierarchical jurisdiction refers to difference in the courts functions and all the responsibilities. This is divided into two types, original jurisdiction and appellate jurisdiction. Original means that a court has the authority to try a case and decide the results. Appellate jurisdiction means that courts had to power to review cases that have already been decided by other courts, but they believe there is a reason to re try it. Appellate courts often have limited ... Get more on HelpWriting.net ...
  • 20. 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 ... Get more on HelpWriting.net ...
  • 21. The Main Levels of the U.S. Federal Government Running Head: THE MAINLEVELS OF THE U.S. FEDERAL GOVERNMENT The Main Levels of the U.S. Federal Government Lynn Todd Colorado Technical University Online PBAD200–0904A–13 American Government Professor Jamie Boyd October 12, 2009 The U.S. Government is composed up of three key branches, the Executive Branch, the Legislative Branch, and the Judicial Branch. Each branch has its own powers, functions, checks, and balances. First, we will look at the history of the Constitution. During the 1600's many Europeans left Britain in search of economic, political, and intellectual freedoms. However, they remained under the power of Britain, which functioned under a unitary system of government with one national power that permitted it to ... Show more content on Helpwriting.net ... Under the confederate system of government, the states preserved most of the power while the central government was unusually limited in power. The central government could not take any action against any individual, it was compulsory that any action against an individual went directly through the power of the states. The only power the central government had at the time was to assert war or oversee distant affairs, therefore lingering with futility. In the end, it was perceived that this form of government could not function, as the states struggled constantly and economically stayed fragile. As the states continued to increase and widen, several influential leaders became conscious that without a National government, the United States (the continent) would remain at risk and weak. However, bringing the states as one, under a federal system was packed with debate; the states were especially protective of their self–rule and freedom and were apprehensive of any new rules that would involve them giving up power to the new national system of government. Ultimately, most states were agreeable to give up some of their power for the security of interests and commerce, remaining disturbed and guarded of any form of unitary government that may impede their individual choice and liberation. (CTU online, 2008, phase 1 multimedia presentation). The articles of confederation became the U.S. Constitution in 1787, after the article of the ... Get more on HelpWriting.net ...
  • 22. 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 ... Get more on HelpWriting.net ...
  • 23. Government Power and Authorities #1. (Chapter 2) Define Federalism and Separation of Powers, Identify the Major Sources of State and Federal authorities explicit to the Constitution, and explain why the division of powers architecture was important to the Framers. Federalism is the division of Governmental powers and authorities between the State and Federal Governments. Separation of Powers is not actually labeled or defined within the constitution. However, the Framers of the constitution found "to avoid tyranny, a separation or division of authority must exist" (Feldmeier & Hall, 2012). They believed if the powers and authorities weren't separated there would be sheer chaos in the Nation. The U.S. Constitution explains the authorities the State and Federal ... Show more content on Helpwriting.net ... Some more of the powers of Congress found in Article I, section 8 of the Constitution are; "Congress has the power to impose and collect taxes which are to provide for the debts of the United States, as well as for the common defense and welfare of the Country, Congress has the power to borrow money on behalf of the United States, The regulation of commerce, both on the international and interstate levels, Congress has the Power to establish currency and coin money, The power to establish post offices, and to organize, train, and arm a militia" (Understanding Enumerated Powers, 2014). #4. (Chapter 5) Explain presidential privilege and immunity, citing and discussing the most significant Supreme Court cases in the area. Once a person is officially elected to be the United States President, he is entitled to presidential privilege. Presidential privilege consists of matters of confidentiality. A matter Presidential privilege was first questioned "by a federal court in the 1807 treason prosecution of Aaron Burr. An issue in United States v. Burr was the production of a letter Aaron Burr had sent to President Thomas Jefferson" (Feldmeier & Hall, 2012). In this case, President Jefferson had to produce the said letter. Presidential privilege was questioned again when President Nixon was in office. There were accusations of President Nixon recording conversations which were held in the oval ... Get more on HelpWriting.net ...
  • 24. 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 ... Get more on HelpWriting.net ...
  • 25. The Supreme Court Of The United States No. In the SUPREME COURT OF THE UNITED STATES THE COMMONWEALTH OF PUERTO RICO Petitioner, V. LUIS M. SANCHEZ VALLE AND JAIME GOMEZ VAZQUEZ Respondents. On Writ of Certiorari to the Supreme Court of Puerto Rico BRIEF AMICUS CURIAE OF NATASHA JOHNSON STATEMENT OF INTEREST As someone in support of statehood for the Commonwealth of Puerto Rico, this case holds special significance. I am a firm believer that Puerto Rico has been treated unjustly as a territory by the United States, and this has resulted in poor living conditions for its citizens. To deny a sovereign power to enforce laws within its territory is only one of the many issues the Commonwealth faces. For these reasons, I write this brief of amicus curiae in support of the Commonwealth of Puerto Rico. ISSUES PRESENTED Under the United States Constitution Amendment V, do the United States Federal Government and the Commonwealth of Puerto Rico have power to enforce laws that stem from different entities, and thus considered two different sovereigns for the purpose of the Double Jeopardy Clause of the United States Constitution? APPLICABLE STATUTE U.S. Const. amend. V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in
  • 26. ... Get more on HelpWriting.net ...
  • 27. Similarities Between State And Federal Courts State and Federal Courts share similarities and differences among prosecution purposes and resolving cases based on certain criteria. Depending on the nexus and magnitude of the case, depends on which level of prosecution the case will be heard. According to Criminal Law and Procedure, federalism is defined as two forms of sovereign government in the United States, constructed of various levels of government such as city, county, state, and federal (Hall, 2015). Furthermore, we can assume the amount of power strengthens from city government to federal government. Consequently, much emphasis is shown to the Tenth Amendment regarding power as it states, "The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or the people", (Hall, 2015, p. 4). Thus, dual federalism has resulted in that state and federal governments are coequal based on rulings by the Supreme Court (Hall, 2015). Most people assume Federal Courts are more powerful when imposing sentences for crimes, and there are some cases that is true. Federal Courts have guidelines and variables that have to be associated with the crime in order for the case to be held in Federal Court ... Show more content on Helpwriting.net ... Trial courts are simply where trials are heard in front of a jury and judge for the most part and are classified as United States District Courts in the Federal Court and range from criminal, civil, and federal law violations. A decision or verdict is determined by a jury or a judge and the appropriate sentenced is imposed on the defendant. Nevertheless, an appellate court does not have a trial but review the details of the case heard in the trial court and proofreads the record from the trial court in most cases (Hall, 2015). "An appellate court can reverse, affirm, or remand the lower court decision", (Hall, 2015, p. ... Get more on HelpWriting.net ...
  • 28. Federalist Representative Government The Federalist Representative Form of Government Trentina Shealy LAW/PA 513 Patrick Irvine February 20, 2017 The creation of the United States Constitution of 1787 established the beginning of the federalists representative form of government that exists today. Alexander Hamilton, one of the founding fathers of the Constitution, has played a major role in establishing the current state of Federalism. This paper will examine the role of the different branches of government, the exclusive powers of the federal and state government, the role of the courts in federal–state relations and recommendations for improving the federalists representative form of government. First, lets define federalism. Federalism is a division of power between each level of government with the idea of ensuring that no level of government has complete control over the welfare of the nation. This is the reason why there are three branches ... Show more content on Helpwriting.net ... He stated that it was a series of 85 articles used to help ratify the United States Constitution. The most influential articles were Federalist No. 10 and Federalist No. 51 which support a strong and large republic and warned about the dangers of factions [1]. He went on to say that factions are groups of citizens who are only concerned about themselves and not the community as a whole. It was very interesting to know that Hamilton warned Americans of the dangers associated with factions but yet we have so many that exist today. This fact was shared with Hamilton and he was appalled. Alexander Hamilton stated that James Madison, as well as himself, did not approve of direct democracy because the individual rights of American citizens would have been ignored and would create a breeding ground for factions. Both preferred a representative democracy that would protect the liberty of all ... Get more on HelpWriting.net ...
  • 29. Have you ever felt so overworked that it may be affecting... Have you ever felt so overworked that it may be affecting the quality of the outcome? In today's day and age of our American judicial system, most would agree our judges are overworked. The federal judges of the court system handle a vast number of court cases each year in the United States. It has become directionally proportional between the growing populations, the increase in crime, in turn leading to more cases. There should be a dramatic addition of judges within the federal court system to lower the workload of the justices. From the signing of the U.S. Constitution under Article III, our founding fathers put power into our third branch of the government. The federal court system was new but becoming organized. It was designed... Show more content on Helpwriting.net ... There have many articles, journals and comments made and debated about the current crisis of the federal court caseload. "It would be nice to get some help. We are pedaling as fast as we can on an increasingly rickety bicycle." М¶ ChiefJudge Fred Biery "To enable the Judiciary to continue serving litigants efficiently and effectively, the judicial workforce must be expanded." М¶ Judicial Conference It has been an ongoing struggle for the courts to keep up with the workload. The fact that there has been talk and discussion about resolutions; this may be the first step to resolving the problem. In the beginning days of our judicial system, as said before, a judge's caseload seemed to be reasonable. It was not until the last few decades where the workload skyrocketed. In civil cases alone from the '1940s through the mid '1990s, the caseload increased nearly 580 percent. To emphasize the point, bankruptcy cases within the same time frame had increased over 1500 percent. There is no question that the ratio between cases and judges has become overwhelming. During the '1940s the comparisons between civil and criminal cases filed were parallel. However in the next few decades, civil cases rose slightly over the criminal, but then another issue began. Even though with fast growing civil filings, the criminal cases were prone to take much more time throughout ... Get more on HelpWriting.net ...
  • 30. State & Federal Governments Similarities and Differences Our government has not always been as successful as it is today. America's government began with the Articles of Confederation and separate state constitutions. This was difficult. The country was not united. Each state took care of everything on their own and the national government could not do anything. Our country had no national money or militia. Traveling was almost impossible. There were very few positive concepts with the Articles of Confederation. Our present government is a federalism. This means there is equal power between the government and the people. Our government is divided into three branches: legislative, executive, and judicial. We can find information on these federal branches in theUnited States Constitution. We find ... Show more content on Helpwriting.net ... The President can convene Congress, make treaties with other nations, and pardon someone of a crime's consequence. There are some differences between the two executive branches, but overall they are part of the government to administer laws. The judicial branch is almost the same in structure at both levels, but unlike in content. The setup of the courts starts with District Court, then goes to the Court of Appeals, and finishes at the Supreme Court. The are 94 federal district courts, and 10 Minnesota district courts. Equal to the federal district court, the state district courts hear the most cases. However, federal courts hear cases that are national offenses, including violated rights in the Constitution, federal crimes, dispute within the U.S. government, controversies between states or between countries, or a crime committed on the high seas. State courts hear criminal and civil cases that take place in that state. This is the main difference between the state and federal levels. The other courts are set up similarly. The court up from the District Court is the Court of Appeals. The Court of Appeals hears appealed cases from the lower court for the second time, but does not come to the verdict of guilty or innocent. The Court of Appeals decides if the case was given a fair trial in the District Court. The number of judges is what differs between federal and state appellate courts. The federal Court of Appeals has a three–judge panel, while the ... Get more on HelpWriting.net ...
  • 31. Federal Judicial Vacancies And The United States Shannon Robin April 8, 2015 Washington Lawyer Seminar Paper Federal Judicial Vacancies in the United States I.Introduction There is currently a chaotic situation brewing within the federal judicial branch of the United States. Due to Congress refusing to submit nominations for federal judges to the executive branch, few overall nominations for the federal judicial vacancies are being submitted to the Senate for confirmation. This leaves senior judges struggling to handle caseloads meant for numerous people and the adjudication period doubling or tripling for those who are bringing cases within the federal court system. II.What are Federal Judicial Vacancies? There are currently eighty–nine district courts within the fifty states, ninety–four total when the territories are included. There are thirteen judicial circuits, each with their own court of appeals. Although the Constitution creates Article III judges, it does not state any specific requirements that an individual must meet to become a federal judge. Due to this gray area, Congress and the Department of Justice have developed their own informal criteria when reviewing a nominee's qualifications. A federal judicial vacancy occurs when a judge is either elevated to a higher court or when they reach senior judge status, creating an empty seat on the bench. A judge, beginning at the age of 65, may retire at their current salary or take senior status after performing 15 years of active service as an Article III ... Get more on HelpWriting.net ...
  • 32. The Supreme Law Of The Land Granting Shared Power Between... The United States has a federal court system and fifty state court systems, with each system having its own organization, structure, and jurisdiction. The U.S. Constitution is the supreme law of the land granting shared power between the federal government and the state governments. In common, all systems are multi–tiered; "predominantly hierarchical in structure (trial courts are first level, and appellate courts sit above them in successive or ascending tiers) (Banks and O 'Brien 132)"; and they all have to adhere to the constitution. The 1789 Judiciary Act laid the foundation of the federal judiciary's organizational structure and jurisdiction. It ensured that State courts would have concurrent jurisdiction with Federal courts regarding the interpretation of the constitution and federal law (Banks and O 'Brien 127). In contrasting the size of the federal and state systems, the federal system is much smaller, with the State courts handling the bulk of the nations judicial business. There are thirteen federal appellate courts (also known as US courts of appeal) spread through out the country, and in each state there is at least one district court. In contrast, different types of trial, appellate, and special courts exist in each state. Federal and state courts tend to handle similar cases; however, there are some cases that each system handles exclusively. For example, bankruptcy cases fall under federal jurisdiction, while the majority of criminal and civil ... Get more on HelpWriting.net ...
  • 33. The Judicial System 3300 : Georgia Gwinnett College Admissibility of Evidence April Smolkowicz Professor Carroll The Judicial System 3300 Georgia Gwinnett College Abstract The admissibility of expert testimony from the past to the present, The Federal Rule of Evidence, Rule 702 (1975) the revision of Rule 702 (2000) and (2010), Frye v United States (1923), Daubert v Merrell Dow Pharmaceuticals, Inc. (1993), and Kumho Tire Co., v Carmichael (1999). I.Introduction: II.Federal Rules of Evidence, Rule 702 (1975) A.Rule 702 expert witness compared to a fact witness B.Standards for admissibility of expert testimony C.Rule 702 revised (2000) III.Frye v. United States 293 F. 1013 (D. C. Cir. 1923) A.Frye ... Show more content on Helpwriting.net ... Most of us know that these shows are in fact fabricated and far from reality in the real world. We do not have equipment that sophisticated in real life and it takes longer than an hour to solve a crime, much less talk to witnesses, and victims and possibly the gathering of evidence to be tested and analyzed. With this in mind we will discuss the admissibility of evidence beginning with the Federal Rules of Evidence (FRE) enacted July 1, 1975, also associated with Public Law 93–595: an act to establish rules of evidence for certain courts and proceedings enacted by legislature. The FRE is the introduction of evidence at the civil and federal trial courts in the United States whereas it is left up to the jury and or the judges' digression. As
  • 34. the Federal Evidence Review stated that, "The legislation was the culmination of more than fifteen years of effort to draft uniform rules of evidence for the federal courts. The final legislation was then sent to President Gerald R. Ford and signed into law, as the new Federal Rules of Evidence (2015)." The rules are broken down into eleven articles; for now we will explore article VII – with the opinions and expert testimonies. When comparing the ... Get more on HelpWriting.net ...
  • 35. The Pros And Cons Of The United States Federalism Americans citizens do not realize how good they have it, and perhaps take what their government provides them for granted. Our American government system is with no drought a well operative government that is still in the working process. Within the civil liberties that protect us, to the civil rights that has expanded the Americans since our federal government has inaugurate itself. The United States Federalism is a government system for its power are divided between federal/national government and state government. The constitution allows certain power to the government, and various power to states governments and various power to each other. Each state has their own branches such as legislative branch, the executive branch, and judicial branch. Each state is entitled to authorize, enforce, and decipher laws, just if they don't breach the constituent. The Legislative branch check over the Executive branch; by overriding the president vetoes with two–thirds of a vote, the power over purse strings to fund any executive movement, the power to remove the president through impeachment, treaties approved by the Senate, and Senate approves appointments by the president. Legislative branch also checks over the judicial branch; by creating lower courts, remove judges through impeachment, and Senate approves judges' appointments. (Tolbert, Ginsberg. We the People, pg. 53–54.) Executive branch checks over the legislative branch; by the ability to call a special session of ... Get more on HelpWriting.net ...
  • 36. Federal Government Roles Marisa Caputo Cjus290–1601b–02 IP Unit 1 2/22/2016 The U.S federal government is made up of three branches, Executive, legislative, and judicial. The President of the United States is in charge of the executive branch, his role is to enforce the laws that Congress makes. He is Commander–in–Chief of the armed forces and, choses the persons to be in charge of federal agencies like the Cabinet, Department of Defense, and the Social Security Administration. The Vice President is also a part of the executive branch, and is on standby should something happen to the President. The Executive Branch employs more than 4 million Americans. The Legislative Branch is, or otherwise known as Congress. There are two parts of congress, the Senate and the ... Show more content on Helpwriting.net ... If the defendant is convicted, he or she may have to serve time in jail or pay a fine. http://www.civilrights.org/judiciary/courts /difference–civil–criminal–courts.html The role of the correctional system is to make sure that an offender's sentence is carried out, whether it's time in jail, prison, or probation. The four goals of corrections are: retribution, deterrence, incapacitation, and rehabilitation. Each state's corrections is responsible for deciding which policies and methods will be used to reach these goals for all offenders. The Federal Court System The State Court System Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts. Some are referred to as Circuit or District
  • 37. ... Get more on HelpWriting.net ...
  • 38. Theu.s. And Nevada Constitutions An Analysis of the U.S and Nevada Constitutions and Government Structures By Lisa McClaughry 7165 PSC 101 Introduction to American Government and Politics Spring 2015 Section Number: [3008] Class Number: [32583] Professor: William Eric Davis, Ph.D. This assignment represents my own work. It is not a recycled assignment from another course and it has not been purchased, borrowed, or obtained from another source. Nor has any part of it been plagiarized. I did not include sections written by or summarized by other students. I have not shared any part of my paper with other students. I have made myself familiar with the definition of plagiarism and I have properly documented and cited all of the referenced data and quotes in the... Show more content on Helpwriting.net ... However, the length also affects other areas of the state 's political structure. The state of Nevada was signed into the Union by President Lincoln on October 31, 1864. Since then, Nevada has made a few minor amendments to its Constitution throughout the years. The fundamental amendments within the Nevada Constitution have remained for the most part, stable. The U.S constitution was meant to be more general in nature, so, the fact that it is shorter than Nevada 's Constitution is to be expected. When dealing with State Constitutions, particularly Nevada 's, there are going to be amendments that are inherent only to that state. For instance, in the Constitution of Nevada, there are special amendments for the revenue of taxes that deal with gambling. Gaming taxes are the largest source of revenue for the state of Nevada 's general fund. This source of income has helped to shape another aspect of Nevada 's Constitution in respect to a state lottery being prohibited. The reason why a state lottery has been essentially outlawed in Nevada boils down to the Casinos not wanting direct competition for gaming revenue (Grimes). Even though taxes from having a state lottery would help Nevada, the ample amount of tax revenue that the Casinos produce for the state have influenced the state legislature to reject dozens of lottery proposals (Grimes). When considering the length of the Nevada Constitution it is also pertinent ... Get more on HelpWriting.net ...
  • 39. The Sentencing Reform Act Of 1984 The Sentencing Reform Act is associated with the Comprehensive Crime Control Act of 1984, were the U.S. federal statute increased the consistency in the United States federal sentencing. The Sentencing Reform Act created the United States Sentencing Commission. This act allowed the independent commission into the judicial branch of the United States Sentencing Commission. It consists of seven voting members and one nonvoting member. For the sake of the United States Sentencing Commission, there are regulations that establish sentencing policies and practices for the Federal criminal justice system, which ensures a meeting of the purposes of sentencing. Judges are also bestowed the power to determine the legitimacy of convictions. The aspiration of the Sentence Reform Act was to avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar criminal conduct Also to allow the Judicial system to process.... The Sentencing Reform Act of 1984 created an adjustment change in federal criminal sentencing policy and practice. Another act that contributed with the Sentencing Reform Act was the Comprehensive Crime Control Act of 1984. The Sentencing Reform Act abolished parole in the federal system, which created the United States Sentencing Commission. Sections of the administration 's committee were given responsibilities when it came to criminal sentencing. With the Sentencing Reform Act being in place, federal judges ... Get more on HelpWriting.net ...
  • 40. The Court Of The Federal Court System Heber Concepcion Courtroom #3: United States District Court, Southern District The third and final court visited was the United States District Court. The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. Everyday hundreds of people across the nation are selected for jury duty and help decide some of these cases. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. Three territories of the United States –– the Virgin Islands, Guam, and the Northern Mariana ... Show more content on Helpwriting.net ... I was the sole public member here at this specific court, which made it seem a bit more daunting than usual. This court was probably where I had an awe moment for myself. The room was filled with marble and gold trimming everywhere. The official courtroom was carpeted with wood everywhere. The judge on duty, Honorable Alvin K. Hellerstein had not yet arrived when I was there. Outside the courtroom, counsels and attorneys are discussing and/or gossiping at the moment before the case starts. The atmosphere of this courtroom is exactly what I expected a courtroom to be like. This feeling was not met in the NY criminal and civil courts. One thing that was noticed was that there were zero court officers in the courtroom so far which seemed very odd, given the daunting nature of the whole room. The transcriber, more commonly known as the court reporter, arrived. The lack of my phone gives me no sense of time. It felt like I was there for about 5 minutes but it was more like ten to fifteen minutes had passed. There was an abnormal lack of modern feel, but certainly no lack of modern devices. The courtroom that I was in had several computers, which were equipped with some of the latest software made for them. The case presented is United States of America v. Local 1804–1, which is a union. This hearing was for oral arguments only. There was a significant sense of order in the room. Attorneys have a respect for the courtroom. Proceedings at the United States District ... Get more on HelpWriting.net ...
  • 41. Scott Rothstein December 12 Scott Rothstein 2013 In July of 2010, Scott Rothstein was sentenced to 50 years in prison for running a US$1.2 billion Ponzi scheme from his Florida law firm. DH Gatsby EXECUTIVE SUMMARY: Money Laundering & Scott Rothstein In July of 2010, Scott Rothstein was sentenced to 50 years in prison for running a US$1.2 billion Ponzi scheme from his Florida law firm. Rothstein had two types of schemes. He persuaded clients/investors to purchase hundreds of millions of dollars of structured settlements at a discounted price so that he could generate immediate revenue from false settlements. Through the use of his law firm he fabricated court orders, forging the signatures of federal court judges, that showed that... Show more content on Helpwriting.net ... The paper trail would give warranted reasons for suspicion. The con revolved around the law firm settling numerous lawsuits and that the plaintiffs wanted to expedite the receiving of their funds. Rothstein would sell their settlements at a lump–sum discount so they could receive their funds up front to another individual/firm. In return, Rothstein promised investors substantial returns on the full value of the fraudulent settlement. Alongside a financial review, I would inquire into Rothstein 's personal communication with staff and external colleagues. Obtaining computer, email and telephone information would give me the greatest access to his communication. I would also contact all of his registered clients and confirm their information with the information Rothstein has provided. Three Step Money Laundering Process Placement Phase: Illegal puts money in. Creates fake settlements to interest purchasers out the to buy out the settlements at a discounted rate. Layering Phase: Move money around. Once he created the settlement, he would receive cash payments for them at a discounted rate. In another ploy, in order for Rothstein to recover the money, his clients had to post bonds worth millions of dollars with his firm. Integration: Rothstein would move the funds in several ways so that it would offer the illusion of being legitimate sources of income. In several cases, he ... Get more on HelpWriting.net ...
  • 42. Compare And Contrast The Articles Of Confederation Vs The... It is the year of 1787 the people in the new United States realized that the Articles needed to be fixed. The states called a convention where the delegates wrote a completely new plan for government. The new plan became the Constitution. The Constitution, with a few amendments, describes the relationship between the national government and you as a citizen of the United States. I am here to let you know that the new Constitution is better than the Articles of Confederation. You must be thinking why? Well I have an answer for you. The Constitution is better than the Article of Confederation because, the Articles had many weaknesses. The Federal Government created by the Constitution is very powerful. The Articles created a government that ... Get more on HelpWriting.net ...