Texas Supreme Court Analysis: How the Lone Star State's Two Highest Courts Handle Criminal and Civil Cases

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

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

United States Court Of Appeals Essay
Mark J. Mcburney (Respondent) V. Nathaniel L Young, 569 US, 12–17. (2013) Argued February 20,
2013–Decided April 29, 2013 in United States Court of Appeals for the Fourth Circuit Facts: A
former resident of Virginia is denied access to public information needed for filing a petition for
child support. The Virginia Freedom of Information Act ("VFOIA") reads, "all public records shall
be open to inspection and copying by any citizen of the Commonwealth " Va.Code Ann. § 2.2–
3704(A). In question is the violation of, The Commerce Clause and the Privileges and Immunities
Clause in the process. Article I's, Commerce Clause gives Congress power to "regulate commerce ...
among the several states (Szypszack, 2011, p. 13). The Privileges and Immunities Clause of Article
IV guarantees uniformity of rights across the state borders (Harvard Law Review, 2013). McBurney
was denied information needed to resolve a nine–month delay in child support. The Respondent, Mr.
McBurney filed a complaint in the Eastern District of Virginia's District Court (Cornell University
Law School). The Eastern District of Virginia's District Court ruled against McBurney. McBurney
appealed to the Fourth Circuit Court of Appeals (Cornell University Law School) only to be
affirmed The Supreme Court granted a writ of certiorari (Cornell University Law School)or review
of the McBurney's case. Issues: Did The State of Virginia violate the Privilege & Immunities Clause
or Commerce Clause when applying its

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

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

tobacco from the mixture and using it for non–religious purposes, therefore, there was no choice but
to prevent any percentage of tobacco in the mixture as the least and last measure to compel with the
governmental interest. In Cutter v. Wilkinson the court stated "Lawmakers supporting RLUIPA . . .
and anticipated that courts would apply the Act's standard

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

The Supreme Court Case Of Washington V. Glucksberg
Assisted suicide has been an argument over time; if people should be allowed to have the option.
This was the question that was discussed by the supreme court in the cases of Washington v.
Glucksberg on January 8, 1997. This case consisted of Dr. Harold Glucksberg, who is a physician.
With four other physicians and three terminally–ill patients. Also helping them was a non–profit
organization Compassion in Dying. They all challenged Washington State's ban on assisted suicide.
They argued that assisted suicide and the right to die was a liberty interest protected by the Due
Process Clause of the 14th Amendment. I believe that any person who is in extreme pain and has a
terminal illness should have the option of assisted suicide.
When the supreme court was making the decision in Washington v. Glucksberg case they used the
14th amendment in the constitution to make the decisions on Assisted suicide. The 14th amendment
states " All persons born or naturalized in the United States and subject to the jurisdiction thereof,
are citizens of the United States and of the State wherein they reside. No State shall make or enforce
any law which shall abridge the privileges or immunities of citizens of the United States; nor shall
any State deprive any person of life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws." This states fundamental liberty for
the people of the United States. The fundamental

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

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

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

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

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

United States Court Of Appeals For The District Of...
United States Court of Appeals for the District of Columbia Circuit
United States,
Appellee
v.
Antoine Jones,
Appellant
ON APPEAL AS OF RIGHT FROM THE U.S. DISTRICT COURT OF THE DISTRICT OF
COLUMBIA
Case No. M2201–03453–CWA–T3–SP
Parker & Parker
Attorneys for Appellant
Oral Argument Requested
I. Table of Contents:
A. Table of Authorities: (Page 2)
B. Statement of Issues Presented for Review: (Page 2)
C. Statement of the Case: (Page 3)
D. Procedural History: (Page 3)
E. Summary of Facts: (Page 3, 4)
F. Standard of Review: (Page 4, 5)
G. Argument: (Page 5)
H. Conclusion: (Page 5)
II. Table of Authorities:
Katz v. United States
Silverthorne Lumber Company v. United States
Statement of ... Show more content on Helpwriting.net ...
Jones filed for an appeal claiming that the warrantless use of a GPS system to monitor his
whereabouts constituted an illegal search. In August (2010), the United States Court of Appeals for

the District of Columbia Circuit overturned his conviction stating that the search conducted was
unconstitutional and violates Mr. Jones "reasonable expectation of privacy."
Summary of Facts:
The FBI suspected Antoine Jones for drug trafficking and subsequently attached a GPS tracking
device to the undercarriage his vehicle to monitor his location.
Mr. Jones was arrested on drug possession on October 24, 2005.
Mr. Jones filed a motion to suppress the evidence obtained by the invalid search conducted by law
enforcement.
After a hung jury, Mr. Jones was acquitted of all charges except for one count of conspiracy to
distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more
grams of cocaine base.
In 2007, prosecutors retried Mr. Jones with one count of conspiracy to distribute and to possess with
intent to distribute five or more kilograms of cocaine and 50 or more grams of cocaine base.
In January (2008), Mr. Jones was found guilty on one count of conspiracy to distribute and to
possess with intent to distribute five or more kilograms of cocaine and 50 or

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

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

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

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

13 Appellate Courts
There are many different levels of our federal court system, each of them are appointed a different
case category. Above all other courts we have the Supreme Court, the United States Constitution
created this. The Constitution also gives Congress the ability to create and pass laws to construct a
network of lower courts.
Directly underneath the Supreme Court we have the Courts of Appeals, which consist of 13
appellate courts. 94 federal judicial districts are divided into 12 regional circuits, each circuit having
their own Court of Appeals. The 13th appellate court is in the Federal Circuit, which has a national
authority to hear particular cases such as patent laws, and cases determined by the United States
Courts of International Trade and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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