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Pope Vs. Illinois Case Study
For this weeks' discussion post I chose the Supreme Court case of Pope v. Illinois (1987). This case has several values that make it significant in the
field of obscenity and the First Amendment. Referring back to Miller v. California and how it set the standard for identifying obscene material not
protected by the First Amendment, some portions are a bit more obscure than others. Take the third or "value" prong of the three part test to determine
"whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value." Prior to this case it was unclear how to exactly assess
whether a work lacked serious literary, artistic, political or scientific value, but when two attendants at adult bookstores were charged with obscenity
under Illinois law by selling certain magazines to undercover police, they moved to dismiss on grounds that the then–current version of the Illinois
obscenity statute violated the First and Fourteenth Amendments. The judge in both trials instructed the jury that in ... Show more content on
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This again reverts back to the First and Fourteenth Amendments, and a violation of non–bias objective judgement. This most certainly is a content
based restriction, as the stat of Illinois was claiming that the clerk violated a state criminal statute prohibiting the sale of "obscene" magazines. This
case would be considered a valid restriction of speech under Illinois state law because they claim it unnecessary and of no interest for the general
public, or community standard, to perches the magazines. The irony in it all is that the Supreme Court overturned the initial ruling that the community
standard was inappropriate for determining whether a work had "value". Another twist is that this is considered symbolic speech as the clerks are
expressing their political opinions of freedom of speech by selling what would be considered obscene
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Dred Scott Case
Dred Scott was born a slave in the state of Virginia around the 1900s or the nineteenth century. Dred Scott spent his whole childhood has a save.
He served the family of Peter Blow and then as a young adult moved with them to Louis, Missouri. Then, in the early 1830s, he was sold to Dr.
John Emerson. Dr. John was an army surgeon. Due to his profession, Emerson had to travel frequently and was appointed to various military posts.
Well, Emerson took Scott with him to Fort Armstrong, Illinois in 1833 and Fort Snelling in Wisconsin in the year 1836. To emphasize, both of these
forts were on free soil or slavery was prohibited. To add, Illinois was free under the Northwest Ordinance of 1787 and Wisconsin was free under the
Missouri Compromise ... Show more content on Helpwriting.net ...
Lastly, the last way left for them to get back their freedom was to take their case to the U.S. Supreme Court. So, Dred Scott and his wife took their
case to the U.S. Supreme Court. Then, the nine justices of the Supreme Court heard the case in the month of February 1856.Well, as the beginning, the
chances of winning the case were little or no. To add, some of the justices (seven) were appointed by pro–slavery presidents and the rest (five) of them
were from slave owning families. Well, Dred Scott's lawyers argued their clients or (Dred Scott and his wife) have lived in a free state or territory
and they should be considered to be permanently free. Well, on the other hand, the opposition side threw a new tactic or said that the Scotts will never
be considered to be free because the Northwest Ordinance and the Missouri Compromise were declared unconstitutional. Also, they mentioned that the
congress didn't have the power to completely abolish or put an end to slavery. In the end, the decision of the court was made on March 6, 1857. Well,
seven of the nine judges ruled against Dred Scott. The chief justice, Roger B, Taney explained that the Scotts, first of all, didn't have the right to
petition because they were African Americans (the African Americans were no considered to be
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Case Analysis : The Bloomingdale Police Department
In May of 1983 the Bloomingdale Police Department receives and anonymous letter about the activities of Lance and Sue Gates and their
involvement in drug trafficking .The contents of the letter are as follows: This letter is to inform you that you have a couple in your town who
strictly make their living selling drugs. They are Lance and Sue Gates; they live off greenway in Bloomingdale rd. in the condominiums. Most of their
buys are done in Florida. Sues his wife, drives their car to Florida, where she leaves it to be loaded up with drugs, Lance flies down and drives it back.
Sue flies back after she drops the car off in Florida. May 3 Sue is driving the down there again and Lance will be flying down in a few days to drive it
back. At the... Show more content on Helpwriting.net ...
The Illinois Court of Appeals would later affirm the Circuit Courts decision. The case would then be brought to the Illinois Supreme Court, where they
in turn would also agree with the preceding courts. The Prosecutor appealed to the US Supreme Court. Aguilar–Spinelli test is the judicial principal that
was laid down by the US Supreme Court in the Aguilar v Tex., (393) U.S. 410 (U.S. 1969), the test states that hearsay is reliable evidence to establish
probable cause for an arrest or issuance of a search warrant. Also known as the two prong test. This is how the test is applied: The Magistrate must be
informed of the reason to support the conclusions that such an informant is reliable and credible. The Magistrate must be informed of some of the
underlying circumstances related on the person providing the information The Aguilar–Spinelli Court required that both set of information must
present in order to issue a search warrant. Case Facts: The Bloomingdale Police, received an anonymous on Mr. and Mrs. Gates that alleged that
they were narcotics dealers and that they would make regular drives to Florida to pick up supplies in their car and then drive back to Chicago.
Detective Mader followed up on the tip and found that Mr. Gates had a reservation flight to West Palm Beach Fl. With the help of DEA surveillance
teams
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Skok Freedom Speech
Dwight D. Eisenhower once said, "Every step we take towards making the State our Caretaker of our lives, by that much we move toward making the
State our Master." The First Amendment to the Unites States Constitution has been under much scrutiny and had much heat of late. Returning to its
pure roots, National Socialist Party of America v. Village of Skokie describes how the U. S. Government must allow freedom speech, even if it is
evil, to protect the democracy. When the National Socialist Party of America (NSPA), a professed Nazi group, applied for a permit to demonstrate in
the highly Jewish city of Skokie, the town refused to grant the permit. NSPA took their case to the county court which granted them the ability to
peacefully protest... Show more content on Helpwriting.net ...
This case points back to the purpose of government. Dwight D. Eisenhower as did many Unites States presidents, stated countless times that a
democracy can only stand with virtuous people as its citizens. If evil people fill the country, only a dictatorship can bring order. This case
demonstrates that America is built upon allowing the free speech of controversial and opposing views. Limiting the rights of the NSPA would
pave the way for other types of speech to be limited. My initial view was of course that anyone promoting Nazis views should not be allowed to
march, especially considering the town's Jewish population. After further consideration, I realized that if the government has the ability to restrict
Nazis' protests, they have the ability to silence me if I am trying to share my faith with a Nazi and it offends them. If we give this power of limiting
free speech to the government, they will basically be able to limit it however they so choose. If we allow the government to specifically certain types
of speech, that power will invariably grow and power that is once tasted is not given back. We would most definitely loose freedom in other areas of
speech. The speech, though I'm sure it caused emotional distress, did not physically harm the citizens of the town. I do think that the banning of the
swastika was appropriate. At popularly agreed times, it is not appropriate to demonstrate with the Confederate Flag or other symbols that can inferred
with extreme
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How Did The Supreme Court Support The Civil Rights Movement
The Supreme Court supported Civil Rights Movements by handing down a number of decisions that paved the way for the civil rights
accomplishments of the1960s and 1970s. The Court's decisions promoted the creation of an atmosphere in which African Americans and American
Women were optimistic about their chances of gaining fundamental human rights as well as equal rights. Aimed at breaking down the idea (laid out in
Plessy v. Ferguson in 1896) that racially segregated institutions could be constitutional so long as they were equal, the decisions of the court aided in
the upheaval of civil rights in the African American Civil Rights Movement. Within the realm of feminism, at the time, Women's Rights followed a
similar trend to that of the leaps ... Show more content on Helpwriting.net ...
One of the most infamous Supreme Court cases in history, Rowe v. Wade of 1973 struck down a law in Texas restricting abortion. Texas formerly
had a law in place that deemed it a felony for a woman to have an abortion; the courts ruled that the state's interest in protecting the health of a
pregnant woman and the potential life needed to be balanced against a woman's right to privacy. The Roe v. Wade decision is what began the national
debate over the morality of abortion. Phillips v. Martin Marietta Corp if 1971 is another case that led to the actions of the supreme court in the support
of the WRM. Title VII prohibits discrimination by employers on the basis ofrace, color, religion, sex or national origin. Supreme Court case Phillips v.
Martin Marietta Corp. is the case that marked the first sex discrimination case under Title VII. The Court unanimously ruled that employers could not
refuse to hire women with 4–5 year old children when they also hiring men with children of the same age. Reed V. Reed on 1971 was a unanimous
decision in which the Supreme Court struck down an Illinois law concerning sex discrimination within the appointment of administration over an
estate. A couple that had separated lost their son who did not leave a will. The man and woman, Sally and Cecil Reed, were battling over control of
their son's estate. An Illinois law stated that "males must be preferred to
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Search And Seizure: The Mapp V. Illinois Case
Throughout the past centuries, the United States has encountered many court cases dealing with illegally searching citizens homes and using the
evidence found against them. Cases dealing with Search and Seizure have dated back to Mapp v. Ohio, in which Dollree Mapp's apartment was
illegally searched and child pornography was found. This case raised the question, may evidence obtained through a search in violation of the Fourth
Amendment be admitted in a state criminal proceeding? This issue is a major problem because it could lead to many citizens rioting and even more
cases dealing with this controversial topic. In spite of many attempts to eliminate illegal search and seizures, it has still been a reoccurring problem.
Regarding the issue of search and seizure, the Supreme Court has developed a much... Show more content on Helpwriting.net ...
Illinois. This case involved a young man, James, being arrested for the murder of another adult. During his trial a witness on his behalf described
james appearance on the night of the crime ("James v. Illinois"). However, the statements made contradicted James's story he had told the police the
day after the crime. Prosecutors ended up using James's statements in the trial even though they were obtained illegally. Many people believed that the
statements made by James were not under fair use because they were obtained illegally. Many cases dealing search and seizure end up favoring the
state; however, James v. Illinois ended up favoring the the citizen charged in the case. The majority decision was 5–3 in James's favor ("James v.
Illinois). The US Supreme Court's policy on fair use of evidence has changed over time due to the extraneous number of court cases dealing with
search and seizure. The Supreme Court originally favored the state when it came to search and seizure cases, but due to the pressure of society, the
views shifted towards favoring the
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Uncle Tom 's Cabin By Harriet Beecher Stowe
Uncle Tom's Cabin 1852: Uncle Tom 's Cabin was a novel made by Harriet Beecher Stowe in 1852. The novel is based on individuals that are
against slavery. The books indicates how slavery was a horrible occasion in U.S history and Stowe demonstrate that it is all through the novel.
Stowe made this novel for everyone in the Union to understand how evil slavery was. As the novel was released in 1852 numerous northern got
there hands on it as quickly as they could. Not many southerners got it since it was a novel against slavery. The significant impact this novel had
was over the top since it persuaded such a variety of southerners that slavery was horrible. In addition, many southern got frustrated that Stowe was
convincing a great deal individuals that slavery was a terrible thing. However, as many people read it individuals began to get the message that was
attempting to be sent by Stowe. As time went on, Uncle Tom 's Cabin lead a political parties to change on perspectives. The Whigs was a critical
political party right at this time and it started to breakdown due to old political issues being raised once more. Another issue was nativism. The Whigs
ensured individuals who were born in the U.S got better and improvement treatment than others from various nations. While this was going on, Stephen
A. Douglas brought up the issue of slavery, causing the Kansas–Nebraska Act to occur Kansas–Nebraska Act 1854: The Kansas–Nebraska Act was
passed through Congress in 1854. The act was
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Clarence Thomas Case Study
Clarence Thomas was born June 23rd, 1948 in Pin Point, Georgia. Clarence became the second African–American justice to serve on the United States
Supreme Court. His appointment was one of the most controversial in history. Thomas was sworn in to the Supreme Court on October 23rd, 1991 by
Congress. The retirement of Thurgood Marshall led former president George H.W. Bush to nominate a new justice (Bio, 2016). Thomas did not always
have aspirations of becoming a Supreme Court Justice. When Thomas was sixteen he earned admittance to St. Vianney seminary to pursue his dream
of becoming a Catholic priest ( Chicago–Kent College of Law at Illinois Tech, 2016). Thomas obtained excellent grades but struggled with racially
charged bullying. By 1967... Show more content on Helpwriting.net ...
Senators should analyze the experience, the qualifications and most importantly how their nomination would affect the balance of the court. In
1991, senators and the public flooded Capitol Hill with telephone calls and telegrams, the Senate voted 52 to 48 in favor of Thomas. Eleven
Democrats joined 41 of the 43 Republicans in supporting him (Jr.Apple, 1991). Thomas Clarence did not have much experience nor qualifications as
a judge which contributed heavily on his rating by the ABA. The balance of the court is an essential aspect as well. When Thomas filled the vacancy
for Marshall the court's liberal justices were declining which gave the advantage to the conservatives (Dowd, 1991). The court became more balanced
with confirmation of Justice Ruth Bader Ginsburg in 1993. A senator should not vote solemnly on a nominees' political views or their qualifications, it
should be a compilation of both. In conclusion, despite his obstacles and constant criticism for his lack of questioning in oral arguments, he has built a
reputation as being one of the most conservative justices. Clarence Thomas has now severed 24 years as a justice on the United States Supreme Court
and shows no signs of retiring ( Chicago–Kent College of Law at Illinois Tech,
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How Did Jane Addams Play A Role In Criminal Justice
Young and stupid with no second chances. Your mistakes follow you around for the rest of your life, if you even have a life after you're caught. At
the young age of six, you could be charged with the death penalty. This needed to be changed. Children who made mistakes were lawfully treated the
same way as adults who committed crimes. By making the juvenile court system, delinquent, abused, and neglected children could get the help they
needed to change their ways instead of punishing them for their actions, which would in turn help mold the current juvenile laws. Less children would
be criminals which would cause less of them to grow up to be criminals.. It was all made in Illinois. Children who committed crimes were to be
charged with the... Show more content on Helpwriting.net ...
Illinois was the first state to have a separate court system for juveniles. The court act stated that a person under the age of 16 was considered a
minor. It also meant that when they would do something bad, they would be delinquents, not criminals. Being a delinquent is nowhere near as bad
as being a criminal, so it would not follow them around all of their lives. From there, the delinquent had their own court of law. That court differed
from the normal court in many ways. Delinquents would almost never get sent to jail. Most of the time, they would be sent to reform homes or
better known in today's day and age as a correctional facility. Most children who were delinquents had a history of abuse, neglect, or very poor
families. The lack of love and attention from their home lives would often make them resort to doing things illegally. The reform homes would
teach them to make better choices, as well as how to do basic life skills, similar to hull houses. Children who would leave these homes would live
happy lives, for the most part, and would make good choices for the rest of their lives. With the reforming homes, these kids learned to change their
ways, that they could be better kids, instead of being told that they were criminals and needed to be punished by being put in jail. What illinois did not
know was that this law about juvenile discipline would be the building block to the whole entire nation's
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The latter part of the 19th century (1870-1900) is...
The latter part of the 19th century (1870–1900) is generally viewed as a dark time in American History. Called the "Gilded Age" this was a time in
which increasing wealth was plagued by many problems under the surface. The Gilded Age saw increasing industrialization, urbanization, immigration,
and the problems associated with them. Many people during this time period blamed these problems on the government for being "laissez–faire;" for
not taking steps against industry in order to benefit the interests of the people. Although the people were correct in the fact that the government was not
taking steps in order to benefit them, the claim that the government during the Gilded Age was laissez–faire is completely false. Through their... Show
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Thus, through the acquisition of wealth for the wealthy, the poor are able to obtain the necessities of life, and society is advanced. While The Theory
of Moral Sentiments deals mainly with the moral argument for laissez–faire, The Wealth of Nations justifies the usage of laissez–faire at the national
level through economic arguments. In Book 4 of The Wealth of Nations (Of systems of political Economy), Smith argued that government restrictions
hindered industrial expansion and thus, harmed the economy in the long run (in earlier books, Smith had equated the growth of industry to the wealth
of a nation and its individuals through historical analysis). Specifically, he stated that protectionist tariffs served against the interests of a nation by
causing increasing prices of foreign and domestic goods, that export duties harm the economy by diminishing the goods that a company can ship
overseas, that trade treaties harm the economy by giving a foreign nation a trade monopoly over an industry (since the other country will only be
trading with them for that particular good), and that by restricting the
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Illinois V. Gates Case Digest
Illinois v. Gates Parties:
Plaintiff in the Illinois Circuit: State of Illinois Defendant Lance and Susan Gates Appellant in the Illinois Appellate Court: State of Illinois Respondent
in the Illinois Appellate Court: Lance and Susan Gates Appellant to the Illinois Supreme Court: State of Illinois Respondent to the Illinois Supreme
Court: Lance and Susan Gates Petitioner to the SCOUTS: State of Illinois Respondent to the SCOUTS: Lance and Susan Gates.
Procedural History:
The Gates won their motion to suppress before they were tried; the prosecution appealed it to the Illinois appellate court AND the Illinois Supreme
Court. When the prosecutor lost in both of those state courts, the prosecutor then petitioned the USSC for a writ of certiorari ... Show more content on
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The police department did a follow up with the highly detailed tip they received. The defendants where watched closely and the officers did a follow
up on the exact activities that they received from the anonymous tip. The officers gathered all the information they observed in doing the follow up,
and received a warrant. The warrant allowed the officers to search the home and the defendant's automobiles. The officer's drug dogs found drugs,
weapons and contraband in the defendants home and automobiles. Stated in the article, that the defendants made trips to Florida to bring back
narcotics. Mader followed up on the tip and discovered that Lance had made a reservation to West Palm Beach. Lance was followed to the hotel,
where he left with Sue in the family car back to Bloomingdale. The information that the officers gathered allowed them to provide evidence that the
defendants where selling and bringing back drugs and with the tip, they were given a search warrant from the magistrate.
Issue:
Should the magistrate allowed a search warrant to be issued since they were given information from an anonymous tip, without violating the Fourth
Amendment rights?
Holding/Rationale:
When a court decides whether or not to issue a search warrant, the elements of the informant's credibility/reliability and basis of knowledge are to be
used as guides when considering the totality of the circumstances and are
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Case Brief of Illinois v. Caballes
Case Brief of Illinois v. Caballes Citation: 543 U.S. 405 (2005) Case Facts: Roy Caballes was stopped for speeding by an Illinois state trooper
Daniel Gillette. During the traffic stop another state trooper Craig Graham of the Illinois State Police Drug Interdiction Team, overheard the stop
on the radio and showed up to the scene with a narcotics detection dog. While the first trooper was writing Roy Caballes a warning ticket for
speeding the second trooper walked around Roy's car with the narcotics detection dog. The dog alerted that it had detected narcotics at the rear end
of the car which subsequently led to the state troopers searching the trunk of the car. Upon searching the trunk of the car the state troopers found a
large quantity of marijuana which consequently led to the arrest of Roy Caballes. The entire incident lasted no longer than 10 minutes. Roy
Caballes was convicted of a narcotics offence and was sentenced to 12 years in prison and ordered to pay a $256,136 fine. Case Issue: Does the use
of a narcotics detection dog during the course of a routine traffic stop violate the Fourth Amendment's protections against unreasonable searches and
seizures? Case Procedural History: Roy Caballes tried to suppress the drugs seized in the stop by claiming that the state troopers did not have probable
cause to search his vehicle. The trial judge denied the motion to suppress the seized marijuana. The trial judge held that the use of the drug dog did not
prolong the duration
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The Death Penalty
The concept of the death penalty has been around since the 1700's B.C. where it was first defined in the Code of Hammurabi (Historical Timeline).
Since then, the death penalty has morphed and changed. In 1608 A.D., Captain George Kendall in the Jamestown colony of Virginia was hanged for
treason (Historical Timeline). This became the first execution recorded in America (Historical Timeline). After this moment in history, people have
debated the concept of the death and if it is truly constitutional in regards to the other amendment. The first case that the Supreme Court ruled on that
shaped the modern death penalty is Furman v. Georgia. On June 29, 1972, the Burger Court answered the question "Does the imposition and carrying
out of the ... Show more content on Helpwriting.net ...
The question of the Gregg vs. Georgia case was "Is the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as
"cruel and unusual" punishment?" (Gregg v Georgia). In a ruling seven–to–two, the courts' ruling was that the death penalty did not violate the Eighth
and Fourteenth Amendment under all circumstances (Gregg v Georgia). Because of the strict guidelines around the death penalty in Georgia, which
include the requirement bifurcated proceeding, where the trial and sentencing are conducted separately, and that prior death sentencing is compared to
the current trial in questions, "the state assures the judicious and careful use if the death penalty" is chosen (Gregg v Georgia). After almost a decade
of no death penalty rulings, the execution of Gary Gregg stopped the state 's concern about ruling this punishment. One of the biggest effects that the
Supreme Court has had on the death penalty is their rulings that affect the jury. The two cases that have affected the jury the most are Witherspoon v.
Illinois and Hurst v. Florida. In Witherspoon v. Illinois, which occurred on April 24, 1968, the Warren Court decided whether dismissing a juror on the
basis that they are against capital punishment is a violation of the Sixth Amendment which guarantees the accused an impartial jury and the Fourteenth
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What Is Abraham Lincoln's Life
Abraham Lincoln earned and received his license to practice law in Illinois in 1836. By then Lincoln was already on his way with politics as he
was elected into the Illinois General Assembly in 1834. Lincoln would go on to be reelected into the Illinois General Assembly in 1836, 1838, and
1840. While in the Illinois General Assembly Lincoln would play a major role relocating the state capital to Springfield, Illinois. After 1840, Lincoln
did not actively continue on with the Illinois General Assembly. In Abraham Lincolns young adult life, he showed great dedication. Lincoln was only
in school for one total year. Yet, he did not let that alter his knowledge. Lincoln continued to read books and educated himself with these books as well
as life
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Brown V Board Of Education
Landmark Supreme Court Cases пЃ¬Brown v Board of Education (1954) пѓ The Background: In the 1950's, schools were separated by race. Linda
Brown and her sister had to walk down a dangerous railroad switchyard to get to the bus stop to their all–black elementary school. There was an
all–white school closer to the Brown's house, and the Brown family believed that segregated schools violated the Constitution. пѓ The Constitutional
Issue: This issue violated the Equal Protection Clause of the Fourteenth amendment because segregated schools for people of race are unconstitutional
and unequal. пѓ The Outcome: The Supreme Court states that segregated schools could never be equal to each other. The Court decided that laws
requiring separate schools violated the Fourteenth Amendment. This decision supports that all people are equal. As a student, I am affected because
people of different race are welcome to go to school where I go to school. пЃ¬Mapp v Ohio (1961) пѓ The Background: The police were suspicious
of Dollree Mapp hiding a person suspected in a bombing. They went to her house and demanded entrance, but Mapp would not let them in because
they did not have a warrant. The police broke into her house and found evidence of crime. At the trial, the police could not show their warrant at the
U.S. Supreme Court. пѓ The Constitutional Issue: This violated the Fourth Amendment, because the Fourth Amendment protects the people from
unreasonable search and seizure by the government. пѓ The
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Due Process Clause Case Study
within the confines of the Due Process Clause, the Supreme Court said that the "simple but controlling question is whether the state has given anything
for which it can ask in return." Applying the same ideas, the Supreme Court stated that the power of a state to impose use tax collection–obligations
and liability upon a remote seller could be proper in a variety of circumstances. However, the Court found that a state may not impose a duty of tax
collection onto a seller whose only connection with customers in the State is by common carrier or the mail. Subsequently, the Supreme Court held
that physical presence is the requirement for use taxation and the Illinois statute in question violated both the Due Process Clause and the Commerce...
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While Illinois sales totaled just over $2 million, both of those figures are substantial when considering the date of the National Bellas Hess decision.
The dissent notes that the corporation's mailing list includes five million names, and the company even allowed sales on credit–a feature that
exemplifies how sophisticated National Bellas Hess was in a time before the advancement of modern technology. There is no doubt that such a
large–scale corporation that did continuous solicitation in the Illinois market had a sufficient nexus to require them to remit the use taxes back to the
state. The company was never "simply using the facilities of interstate commerce to serve customers in Illinois," but rather it was "regularly and
continuously engaged in 'exploitation of the consumer market.'" The company engaged in the benefits of the state as if it were a brick–and–mortar
retail store, and to "excuse Bellas Hess from [its] obligation is to burden and penalize retailers located in Illinois who must collect the sales tax from
their customers." The activity the company directed into Illinois was not "minor or
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Dred Scott V. Sanford Case
Steven Hermosillo Professor Young Political Science 22 July 2016 Dred Scott v. Sanford Supreme Court Case According to William A. Darity, Duke
University Professor, "Dred Scott v. Sanford (1857) was a major U.S. Supreme Court case dealing with the status of slaves in the United States."
Britannica.com states that "Dred Scott decision, formally Dred Scott v. John F.A. Sandford, legal case in which the U.S. Supreme Court on March 6,
1857, ruled (7–2) that a slave (Dred Scott) who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to his
freedom; that African Americans were not and could never be citizens of the United States; and that the Missouri Compromise (1820), which had
declared free all territories west of Missouri and north of latitude 36°30′, was unconstitutional." Dred Scott was living in a free state after his slave
owner died and was still considered a slave after his slave owner died. Jennifer Stock, author/writer, writes that "In April 1846, Dred Scott (c.
1795–1858) and his wife Harriet began such a difficult quest by initiating a lawsuit for Scott 's freedom on the grounds that Scott 's owner, U.S.
Army surgeon John Emerson, had taken him to the free territory of Wisconsin as well as the free state of Illinois." Scott resided in Illinois with his
owner and tried to fight for his freedom that he was deemed free while living in Illinois. History.com notes that "On this day in 1857, the United States
Supreme Court
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Supreme Court Case: Presser V. Cruikshank
Second Amendment and Gun Control
In recent years, the topic of gun control has become an increasing heated debate. Some think that the second amendment does not grant people with the
right to bear certain guns. Others argue that under the second amendment, the right to bear arms involves all guns and that their right should not be
infringed on by the federal government. Issues surrounding the interpretation of the Second Amendment has been involved in many Supreme Court
cases throughout the years of the United States of America.
The first time the Supreme Court interpreted the Second Amendment was in 1876 in the case of, United States v. Cruikshank. United States v.
Cruikshank was one of the earliest Supreme Court cases that involved the ... Show more content on Helpwriting.net ...
The Firearms Control Act of 1975 banned the ownership of handguns, automatic firearms, and unregistered possession of firearms by residents. The
act also required firearms that were kept at home to be disassembled, bound by a trigger lock or unloaded. In 2008, in the Supreme Court case of
District of Columbia v. Heller the court ruled that the provisions of the trigger lock and weapon ban violated the second Amendment. Moreover, that
the Second Amendment grants an individual the right to hold a firearm unconnected with the service of a militia. However, the court also ruled that
the registration of firearms remain in place. In addition, the cities ban on assault weapons to remain in place as well. This case was a landmark case
for mostly gun right advocates. This case ruled that individuals not be restricted from possession firearms for law full purposes such as self–defense in a
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Supreme Court Case: The Dred Scott Decision Of 1857
In the Supreme Court case, "The Dred Scott Decision of 1857", Dred Scott, a Missouri slave, brought to Illinois by his owner, fought for him and his
families freedom in the northern states where slavery was forbidden. While in Illinois Scott fought for his independance on the terms that him and his
family now resided in a free state which declared him a free man. On March 6,1857, in a 7–2 decision, the Supreme Court denied Scott's freedom. The
Supreme Court stated that any African American was denied the right to have American citizenship. Due to the fact that Scott wasn't considered an
American citizen he did not have the right to sue in federal court. After the case had been finalized many African Americans and abolitionists were
enraged
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Nolan V. Illinois Case Study
Facts: Defendant Wardlow was seen holding a "opague bag"by Officer Nolan. Officer Nolan was driving with fours car, his being the last one. The
cars were in a "heavy narcotics trafficking area" examining the area for "drug transactions." Wardlow saw the police cars and fled the area, even
though Wardlow was not doing anything "suspicious." Officer Nolan seeing the defendant flee, chased and caught the defenfent. When caught officer
Nolan did a "protective pat down search for weapons." Officer Nolan looked at the bag, opened it and found a gun. Wardlow was then arrested by
Officer Nolan. Wardlow's attorney filed a "motion to suppress" the gun, under the action of an "lawful stop and frisk." The motion was denied by The
Illinois Trial Court.... Show more content on Helpwriting.net ...
Their reasoning was Officer Nolan did not have probable cause to stop the defendant and the gun to be "suppressed." The Illinois Supreme Court
agreed with this reasoning but disagreed that a "high crime area" and a flight from Wardlow is justifiable to a "terry stop." The Illinois Supreme Court
found the "stop and arrest" to have "violated the Fourth Amendment." The United States supreme court "granted certiorari" and reversed the decision.
Issue: Are officers justified to stop and search an individual with reasonable suspicion, if one flees from a high crime area upon arrival of police?
Holding: Yes, officers are justified to stop and search an individual with reasonable suspicion, if one flees from a high crime area upon arrival of
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Escobedo V. Illinois Case Study
Escobedo v. Illinois Monsees,
Escobedo v. Illinois: Right to seek counsel
Mark Monsees
Liberty High School
AP – Government
3A/B
The right to consult a lawyer when being questioned by the police is a very important right as it could potentially save an individual from being
convicted for whatever he or she has been accused of. This case was centered on Danny Escobedo who was taken into custody by the Chicago police
department on January 20th, 1964, for the shooting of his brother–in–law. During Escobedo?s interrogation he continuously asked to consult with his
lawyer. The authorities in charge of Escobedos interrogation refused to provide a lawyer for Escobedo, which ultimately ended up with him confessing
to the murder of his brother in law. Being forced into confessing to the murder of his brother in law drove Escobedo to take his case to the supreme
court under the premise that his sixth amendment right of right to counsel, which didn?t apply constitutional to felony offences until the 1963 supreme
court case Gideon v. Wainwright. (Gideon v. Wainwright. (n.d.). Oyez. Retrieved January 9, 2016, from https://www.oyez.org/cases/1962/155) The
Sixth Amendment of the U.S. Constitution gives everyone the right to counsel, which essentially means that the accused party has the right to consult
a lawyer during interrogation. This idea was used as the main argument for Escobedo?s court case along with the Supreme Court case Gideon v.
Wainwright 1963. This court case center around Clarence Earl Gideon who was charged with a felony after... Show more content on Helpwriting.net ...
Illinois." LII / Legal Information Institute. Cornell University Law School, 2015 Web. 07 Dec. 2015.
"Sixth Amendment." LII / Legal Information Institute. Cornell University Law School, 2015 Web. 07 Dec. 2015. "Gideon v. Wainwright." Oyez.org.
IIT Chicago–Kent College of Law, 2015 Web. 07 Dec. 2015.
"The Fourth Amendment." (2015): n. Www.gpo.gov. 2015. Web. 8 Dec. 2015.ec.
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The Supreme Court in the American Government
The Supreme Court is the highest judicial court in a county or state. In the legal system of the United States, the Supreme Court is the interpreter
of federal constitutional laws. The Court consists of five justices appointed by five Republic presidents and four by Democratic presidents.
Although there are an unequal amount of justices, some of the court decisions have supported and broadened equal rights, while some have
restricted them instead. However, most of these cases prove that the Supreme Court is not considered to be democratic. First off, the definition of
democracy is that it is a form of government in which all eligible citizens participate equally, either directly or through elected representatives.
Democracy plays a major role in government, considering it provides freedom and liberty to citizens in the United States. There are many court
cases where the Court's decisions have disapproved the equality, such as the Dred Scott Case. In 1857, Scott v. Sandford, also known as the Dred
Scott Case, involved the bitter issue of the status of slavery in the federal territories. This court was about a case, which was about a slave who had
lived with his owner in a free state before returning back to Missouri, a slave state. Dred Scott argued that it gave him the right and freedom to
emancipation. Originally, Justice Samuel Nelson was supposed to argue that the case belonged in the state instead of a federal court, while other
justices were saying how
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How the Earl Warren Court Liberalized America Essay
The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led
a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil
rights, civil liberties, judicial power, and the federal power in dramatic ways. One way the Warren Court liberalized America, is through the court
cases of Gideon v. Wainwright (1963), Escobedo v. Illinois (1964), and Miranda v. Arizona (1966), where these court cases helped define Due
Process and the rights of defendants. Another way the Warren Court liberalized America, is through the cases of Tinker v. Des Moines ISD (1969),
Engle v. Vitale (1962), and... Show more content on Helpwriting.net ...
The issue of Tinker v. Des Moines ISD was that students were to wear black arm bands to school in protest of the Vietnam War; however the
school warned that anyone wearing the armbands would be would be suspended, but the Tinker children wore their armbands to school (they were
the only ones of the group to do so) and were suspended leading to Mr. and Mrs. Tinker filing a law suit claiming that the school violated the
children's right to freedom of speech and expression. The court ruled against the school district saying that "students do not shed their constitutional
rights at the school house gates. In doing so the court protected what has come to be known as "symbolic speech." In the case of Engle v. Vitale,
the Supreme Court ruled that prayers in schools were considered unconstitutional, leading to a ban of all prayers led by teachers in school, even if
the prayer was considered voluntary, stating, in a way, that there was some sort of "separation of church and state" which is not true. Lastly, New
York Times v. Sullivan focused more on the freedom of the press, ruling that "actual malice" must be proven to support a finding of libel against a
public figure. Finally, the Warren Court liberalized America in a dramatic way, since that it focused more on the right to privacy, the incorporation of the
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Supreme Court Case: The Wabash Vs. Illinois Case
Wabash v Illinois In 1886 the US Supreme Court declared that states could not regulate commerce that went beyond their boundaries in the Wabash,
St. Louis and Pacific R.R. versus Illinois case. The decision provided the basis for the formation of the Interstate Commerce Commission in 1887.
The Interstate Commerce Commission was a regulatory agency in the united states. Its purpose was to regulate railroads to ensure fair rates, to
regulate rate discrimination and to regulate other aspects of common carriers, including interstate bus lines and telephone companies. With the
construction and use of railroads, the main question that had to be answered was who would control the railroad services and monitor rail ways.
Since there were no laws within the railroad services, many states established and controlled their own regulatory board. Many rail companies
operated between states so enforcing rules was seen as impractical and useless. Meanwhile the railroad companies were abusing their powers by setting
their own standards and practices. This case began with Illinois suing the not Wabash, St.Louis and Pacific... Show more content on Helpwriting.net ...
Supreme Court case upheld the constitutionality of segregation under the "separate but equal" doctrine. The Court ruled that a state law that
"implies merely a legal distinction" between whites and blacks did not conflict with the 13th and14th Amendments. Restrictive legislation based on
race continued following the Plessy decision, it was not overturned until Brown v. Board of Education of Topeka in 1954. The case came from
Louisiana, which in 1890 adopted a law providing for "equal but separate accommodations for the white and colored races" on its railroads. In 1892,
passenger Homer Plessy refused to sit in a Jim Crow car. He was brought before Judge John H. Ferguson of the Criminal Court for New Orleans, who
upheld the state law. The law was challenged in the Supreme Court on grounds that it conflicted with the 13th and 14th
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Supreme Court Cases During The Progressive Era
Progressive Era: The supreme court frequently began using the Tenth Amendment during the progressive era. In various literatures I found of supreme
court cases, it is seen that often times state laws that established a maximum of work hours allow and/or to create working conditions. Various
legislation that were created were often times declared unconstitutional by the supreme court. Legislation that were intended to help people were ruled
unconstitutional because it supposedly actually "harmed" workers by taking away their freedom to work long hours for low wages in such conditions.
Certain legal interpretation influenced Justices' reasoning, and they decided that the choice would affect the rights and liberties that the government
should
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Tax Exemptions in America
Decades ago, state and federal legislatures began offering tax exemptions, including exemptions from property tax, for nonprofit institutions that
provide charitable services to communities. Nonprofit hospitals that qualify for federal tax exemption under Internal Revenue Code В§501(c)(3) are
not guaranteed state charitable tax exemptions. A hospital must provide some amount of charity in order to be granted a statetax exemption, however
historical statues have failed to quantify what amount of charity is sufficient to meet the charitable purpose exemption . In recent times, nonprofit
hospitals repeatedly have to defend the amount of charity and benefit they provide to the community to maintain their state property tax–exempt status.
There has been a recent, notable case where a hospital lost its property tax exemption. In the case of Provena Covenant Medical Center V. Illinois
Department of Revenue, the Illinois Supreme Court held that PCMC does not provide enough charity care to qualify for tax exemptions provided for
nonprofit organizations that provide charity care . Nonprofit hospitals are among the largest landowners in many communities, in the US, billions of
dollars in property is owned by nonprofit hospitals . Most hospitals would owe millions in taxes if exempt properties were taxed. This report will
examine the Illinois Supreme court decision in Provena Covenant Medical Center v. Illinois Department of Revenue, Case No. 107328, and analyze the
courts
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Dred Scott and Slavery
Dred Scott was a man that grew up in the tough times of slavery. Scott was born around the year 1800 and died in 1858. As a young man and all the
way up to his death he tried several times to gain freedom for his family and himself through the Missouri court system, but failed. Scott then took his
case to a court in Missouri, where he won only to have the final decision revoked by the Supreme Court ("Dred Scott Biography"). The notorious
outcome of Dred Scott v. Sandford case embarked the start of the Civil War in the United States against the northern states and the southern states.
Dred Scott was born as a slave in the state of Virginia around the year 1800. His owners for most of his young life were Peter and Elizabeth Taylor
Blow. In 1818, the Blow family and some of their slaves including Scott moved to a cotton plantation in Alabama where they lived for the next
twelve years ("Dred Scott"). In 1830, the Blow family and there slaves relocated to St. Louis Missouri. The Blow family had given up plantation
farmers and decided to open a hotel called the Jefferson Hotel ("Dred Scott"). In the next two year both Peter and his wife Elizabeth Blow died and
Dred was sold to U.S. Army doctor named John Emerson were he became his servant ("Dred Scott Biography"). Soon after Scott was sold to Dr.
Emerson they both traveled to Fort Armstrong, Illinois where they resided for the next three years. This was the first time in Scott's life that he was
considered a "free" man due to
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Thirty Interrogatories: A Case Study
Defendants, Gerry Goldman and Mary Goldman, by their attorneys, ADLER, MURPHY, & MCQUILLEN LLP, and respectfully file this Response to
Plaintiffs' Motion for Leave to Propound in Excess of Thirty Interrogatories. Defendants respectfully request that this Court deny Plaintiffs' motion. In
initially serving 46 forty–six interrogatories, Plaintiffs once again opted for a shotgun approach to litigation–that is, serve or file now and ask questions
about proper procedure later. Plaintiffs compound their reckless approach with their current Motion for Leave to Propound in Excess of Thirty
Interrogatories, which once again, fails to comply with Illinois Supreme Court rules and offers no basis to establish good cause for the additional
interrogatories. Illinois Supreme Court Rule 213(c)(eff. May 30, 2008) limits the number of interrogatories, including any subparts, that a party may
serve to 30thirty. A party may exceed that number only by... Show more content on Helpwriting.net ...
The only reason they offer is their conclusory statement that a simple landlord–tenant dispute is somehow a "complex" case that may involve more
than $1one million dollars in damages. (Pls. Mot. Propound in Excess of 30 Interrog., ¶¶ 6–7.) However, in limiting the number of interrogatories
to thirty (absent good cause), the Illinois Supreme Court clearly envisioned that thirty was the appropriate number, even for supposedly complicated
cases. In other words, to adopt Plaintiffs' logic would mean that a litigant would only need to subjectively believe that a case is "complex" and that
damages may exceed $1one million dollars to meet Rule 213's good cause requirement. Even if Plaintiffs' subjective belief was true (which is not), an
untold number of cases are filed each year in Illinois courts that allegedly involve $1one million dollars in damages, and surely such a scant
explanation does not satisfy the good cause
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John Paul Stevens: US Supreme Court Justice
Justice Stevens John Paul Stevens served as associate justice of the Supreme Court from 1975 until his retirement in 2010. Throughout his judicial
career, Stevens exercised a liberal view in the courtroom and often displayed judicial restraint to the United States Congress. Justice Stevens was
appointed by President Ford in 1975 because of his judicial experience and personal confidence. While serving as Associate Justice, Stevens provided
opinions on many subjects including the death penalty and affirmative action. Before serving as Justice of the Supreme Court, Stevens founded his
own law firm and gained an expertise in anti– trust laws. Due to his successful legal career, Stevens was able to gain recognition allowing him to be
nominated as Associate Justice of the Supreme Court. Prior to his appointment as associate justice of the Supreme Court, John Stevens upheld
several different court positions and founded his own law firm. Stevens began his law career by serving as assistant clerk to Justice Wiley Rutledge
of the Supreme court. Following his term as a clerk to Justice Rutledge, Stevens decided to seek a career in law by becoming a lawyer. After being
admitted to the Illinois bar in 1949, Stevens decided to join the law firm Poppenhusen, Johnston, Thompson & Raymond as a lawyer. Stevens legal
expertise was his work with antitrust laws, which consisted of him regulating business associations and advocating fair competition to ensure the
welfare of consumers. In
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Dred Scott 's The Supreme Court Of The United States
It has been presented to the Supreme Court of the United States of America that Mr. Dred Scott pleas for freedom from his slave master, Mr.
Sanford. Initially Mr. Scott was owned by Dr. Emerson until Mr. Emerson's death when Scott was sold to Mr. Sanford. Under intense scrutiny and
discernment it has been decided by the Supreme Court that Mr. Dred Scott has the inalienable right to be a free citizen of the United States of
America. Scott is a slave, owned by Mr. and Mrs. John Emerson since 1836. Scott currently resides in St. Louis, Missouri as of 1830. Mr. Dred
Scott has presided residence in both Illinois and Wisconsin Territory, accompanied by his slaveholder. The Illinois and Wisconsin Territories are
free, meaning that no man nor woman can be private property of another. Because of this, Mr. Emerson has no control nor jurisdiction over Scott.
Mr. Scott resided in free territory for several years, therefore, he must leave this courtroom as a free man. Although slavery is not abolished in the
South, it is abolished in both of the territories that Scott visited during his involvement with Mr. Emerson, making it his right to be free. It is of the
slaveholder's duty to not enter the territories of Illinois and Wisconsin expecting his slave to maintain in his possession. The responsibility is left on
Mr. Emerson and it is due to his ignorance that his slave will gain freedom today. Slavery is prohibited in both territories, making it unreasonable that a
man should remain a
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Illinois Court Structure
They say justice is blind. Laws are made only to protect the interest of the wealthy. Anyone can become a judge, one does not necessarily have to
attend school to do so. These are just a few myths about our judicial system, some of which that hold some truth, and others that are inaccurate. In
this paper, I will provide history about the type of court structure in Illinois, the process in which judges and lawyers are selected within the state, and
how judges and lawyers are disciplined. To begin, Illinois was admitted to statehood in 1818. In its original Constitution, the following was outlined:
"Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property, or reputation; he
ought to obtain by law right and justice.... Show more content on Helpwriting.net ...
In order to become a lawyer in Illinois, as I aspire to be, one must first attend an undergraduate institute to obtain a degree. Next, for formal legal
study, one must enter law school to obtain a secondary degree called the Juris Doctor. However, before completing this, one must take the Law
School Admission Test (LSAT) as an entry exam to law school. The LSAT is offered four times throughout the year, and consists of three sections
which are: logical reasoning, analytical reasoning, reading comprehension, and a writing sample. Hence, this test predicates how one will perform in
law school and often influences the school in which students are accepted. However, upon graduation, one must pass the state bar exam. Even for
this examination, there are a few requirements under Rule 704 in the Supreme Court Rules: the person must be of twenty one years of age, be of
good moral character to practice law, has satisfactorily completed exams on academic qualifications an responsibility as prescribed by the Board of
admissions, and attend a school on the approved list of the American Bar
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Arthur Terminiello V. Chicago: A Case Study
Arthur Terminiello gave a malicious speech against certain political parties and racial groups. During the speech, a large crowd of protesters began
assembling outside of the auditorium. The crowd eventually began to become violent, and the police were unable to control the crowd. Police Arrested
Terminiello for violating Chicago's "breach of peace." He was later charged with disorderly conduct. Terminiello was found guilty in the lower court. He
then appealed to the Illinois Supreme Court, where the conviction was maintained. After receiving the verdict from the Illinois Supreme Court,
Terminiello appealed to the U.S. Supreme Court. Did the "Breach of Peace" Ordinance in Chicago violate the First amendment?The Illinois Supreme
Court Ruling
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Race And National Origin Of The Court 's Current Equal...
In recent decades, the Supreme Court has not granted certiorari for many gender–based discrimination cases, and consequently there has not been much
jurisprudential progress lately regarding Equal Protection Clause claims. It is not uncommon for the Supreme Court to back off of certain issues that
they feel are largely solved for the time being. Feeling that the existing precedent is satisfactory, the Court has not shown a desire to alter the test for
gender–based claims and have settled on using an intermediate level of scrutiny for such cases, in between rational basis and strict scrutiny. Race and
national origin are the only groups that are given strict scrutiny under the Supreme Court's current Equal Protection Clause analysis.... Show more
content on Helpwriting.net ...
Put another way, in 2017 one can imagine very few gender–based distinctions in a statute that would not be intended to be discriminatory. Any valid
gender distinction would surely pass the test of strict scrutiny. Simply stated, any statute or government action that draws a sharp distinction between
the two sexes entirely should be presumptively unconstitutional unless there is sufficient reasoning as to why the distinction should exist. To
understand why gender should be a suspect class, it is useful to examine the Supreme Court precedent regarding gender discrimination cases. The
U.S. Supreme Court case of Bradwell v. Illinois, 83 U.S. 130 (1873) demonstrates both the history of discrimination against women based solely on
gender as well as the Supreme Court's past unwillingness to rectify gender discrimination. In this 1873 case, Myra Bradwell challenged an Illinois
State Supreme Court ruling denying her admittance to the Illinois state bar despite the fact that Mrs. Bradwell passed the Illinois bar exam. The
justification for why she was denied admittance to the bar was based solely on her sex, pursuant to a state law that forbade women from obtaining a
law license. Bradwell brought a suit against the State of Illinois before
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Gagnon V Scarpelli Case Study
This is the case of Gagnon v. Scarpelli (1975), Gerald Scarpelli and friend Fred Kleckner was arrested in Illinois for burglary of a house. The officer
read both of them their constitutional right. Afterward, Scarpelli admitted that he and Kleckner did, in fact, broke into the house and stole
merchandise or money. On July 1965, he pleaded guilty to arm robbery in Wisconsin. Later, he was sentenced to 15 years imprisonment but, later they
suspended his sentence and given him probation for seven years. The grounds for a revocation were that Scarpelli knownly associated with Fred
Kleckner, Jr. a known criminal. At the time of thecrime it was also noted that Mr. Kleckner, had an arrest for burglary in Deerfield, Illinois (United
State Supreme Court Gagnon v. Scarnelli, (1973) ... Show more content on Helpwriting.net ...
Therefore, since the Scarpelli, was not given a counselor and his probation was revoked without a hearing, a habeas corpus petition was filed. It
was then the District Court acknowledge that revocation of probation without a hearing and counsel was a denial of due process.(Gagnon v.
Scarpelli 411 U.S. 773 (1973). (n.d.).The Court of Appeal affirmed that using the same specification for parolee under the Morrissey v. Brewer, 408
U.S. 471, in which states that due process is required preliminary and final revocation hearing for probationer case. The hearing will determine if a
counsel is needed for an indigent probationer or parolee according to due process requirement in each individual case. However, the state is not
obliged to assist in providing a counselor, unless the individual is indigent Nevertheless, it would be wise to assist those that are indigent probationer
or parolee in having difficult in sharing their side of the story with the facts when there is no witness or presentation of evidence (United State
Supreme Court Gagnon v. Scarpelli, (1973) No. 71–1225, n.d.). It is also, suggested when a request for a counsel is refused, and then the refusal
should be written in the
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Age Discrimination in Madigan v. Levin Essay
Basics:
The Supreme Court case to be closely followed and reviewed for class this semester is Madigan v. Levin. This is a case of the U.S. District Court
for the Northern District of Illinois. Lisa Madigan is the petitioner, with Harvey N. Levin being the respondent. On Monday, March 18, 2013, the case
was granted and on Monday, October 7, 2013, it was argued. (OYEZ, Inc., 2013)
Facts of the Case: This is a case of age discrimination. On September 5, 2000, Harvey N. Levin was hired as an Illinois Assistant District Attorney,
but was then terminated a little under six years later on May 12, 2006. Being that Levin was over the age of sixty, Levin believed this firing was due
to his gender and age. To support Levin's point, a female ... Show more content on Helpwriting.net ...
This case seemed to be simply put, but it was as if the counsel for the petitioner Michael A. Scodro could not comprehend this completely.
In this case, a group of law professors filed an amicus brief, with the argument that jurisdiction was lacking by the Seventh Circuit to decide on the
issue at hand. The oral argument began with Scodro, and it seemed as if the entire time the counsel was talking the Justices were bored and somewhat
annoyed with even having to hear this argument. There were many instances where Scodro was cut off and it was apparent that the Court was fairly
over this case before the argument was even heard.
Scodro began the petitioners argument by saying, "Congress has crafted a comprehensive body of administrative and judicial procedures and remedies
that are tailored specifically to combatting discrimination against older workers." (OYEZ, Inc., 2013), to which Justice Ruth Bader Ginsburg produced
the question, "What authority did the Seventh Circuit have to deal with the question under the Age Discrimination Act?" (OYEZ, Inc., 2013). It was
later decided that the Seventh Circuit did not have any authority with the question brought forth. Scodro began to cite cases, but was soon shot down by
the Court.
Without giving a rundown of the entire oral argument, because it all ended up making the entire case seem
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Judicial Selection Process
Introduction In the United States, each state has its own rules and laws that govern for the citizens residing in the particular state. Then there are
laws that the country has that every United States resident has to follow and abide by. The same goes for those in official roles such as police
officers, lawyers, judges etc. In this body of work, the topic of Judicial Selection Process will be examined. The court types, the qualifications that
judges need to meet, as well as the election process for the individuals who want to serve as an official for the states discussed. Keywords: judges,
elections, official, laws, courts Judicial Selection Process: Florida The judicial selection process in the state of Florida goes as follows:... Show more
content on Helpwriting.net ...
In Illinois, the courts are comprised of the Appellate Division, the Circuit Court and the Supreme Court. These judges are chosen in a partisan election
and in order to retain their position have to go through a nonpartisan election and receive at least 60% of the votes to retain their position. Both
Supreme and Appellate Judges serve a ten–year term and Circuit Court Judges serve a six–year term. The Judicial Nominating Commission is not used
in the state of Illinois. The qualifications needed to be a judge in the state of Illinois is to be a U.S. Citizen, district resident, and licensed to
practice law in the state of Illinois. (Methods of Judicial Selection: Illinois, n.d.) Comparison: Florida v. Illinois In Florida, in order for you to be a
judge, you have to have at least 10 years experience as a practicing lawyer in the state for both Supreme and District Judges and at least five years for
Circuit Court Judges, you have to be qualified elector, state resident of the county you are running in; as well as agree to the mandatory retirement at
the age of 70. Whereas in
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Abortion Policy : Aditations And Implications Of House...
Illinois Public Act 100–0538, commonly referred to as House Bill 40, was signed into law on September 28, 2017. The Act repeals provisions in
existing Illinois laws that aim to make abortion illegal should there be any change to the federal standard. Additionally, the Act lifts a ban on insurance
coverage for abortions for low–income individuals enrolled in Medicaid. While enacting House Bill 40 was a win for advocates of reproductive rights
in Illinois, the state will still need to comply with federal anti–abortion laws, such as the Hyde Amendment.
Background
Public Act 100–0538 is most notable for its "trigger repeal," which eliminates language contained in the Illinois Abortion Law of 1975. The eliminated
language was designed to ... Show more content on Helpwriting.net ...
Some were even forced to carry their unintended pregnancy to term. Because of Public Act 100–0538, abortion access in Illinois will not be determined
by an individual's income level.
However, while Public Act 100–0538 expands access to abortion in the state of Illinois, it does not preempt federal laws governing the area. The
Hyde Amendment is a rider to the Congressional appropriations bill for the Department of Health and Human Services. This piece of legislation was
conceived in 1976 by Rep. Henry Hyde, a Republican from Illinois' 6th Congressional District, in response to the 1973 Supreme Court case, Roe v.
Wade. In discussing his motivation for the Amendment, Hyde stated "I certainly would like to prevent, if I could legally, anybody having an abortion,
a rich woman, a middle–class woman, or a poor woman. Unfortunately, the only vehicle available is the...Medicaid bill." The Hyde Amendment has
been reinstated annually, regardless of the dominant Congressional party.
The Hyde Amendment prohibits the use of federal funds for abortion procedures. By extension, this prohibits use of Medicaid dollars being used to
pay for abortions. Exceptions are made in instances of rape, incest, or when the life of the mother is at stake. No exceptions are made for teen
pregnancies, a pregnancy that will cause serious permanent health issues, or when there are financial
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Stephen assignment draft Essay
MEMORANDUM From: Stephen Haas To: Reader Date: July 8, 2011 Re: Divulging Confidential Information About our client Ener G. Traidor
Relevant Facts Our client, Ener G. Traidor ("Traidor"), has retained our firm to assist with his acquisition of an oil drilling company. During the
course of the representation, we discovered that Traidor's plans involved drilling in a manner than could produce dangerous results for a nearby town's
water supply. We have presented Traidor our concerns about the impact of his drilling, but he has refused to take corrective measures. At this point, our
only option to prevent adverse consequences for the nearby town is to disclose our information to the public. Issue Presented The issue in this case is
whether,... Show more content on Helpwriting.net ...
App. 3d 363, 375 (Ill. App. Ct. 5th Dist. 1990). Moreover, the attorney need not know for certain that the client intends to commit an illegal or
fraudulent action. Rather, "[t]here need only be presented a reasonable basis for believing that the objective was fraudulent" for the exception to
apply. Decker, at 322. In Balla v. Gambro, Inc., 145 Ill. 2d 492 (Ill. 1991), the Illinois Supreme Court ruled that an attorney was required do whatever
was necessary to stop the sale of certain misbranded and/or adulterated dialyzers that were being marketed by his client. Although the attorney had
learned this information in the course of representing a client in an attorney–client capacity, the attorney "had no choice but to report to the FDA [the
client's] intention to sell or distribute these dialyzers, and consequently protect... public policy." Id. at 502. In In re Marriage of Granger, 197 Ill. App.
3d 363 (Ill. App. Ct. 5th Dist. 1990), the Illinois appellate court required that an attorney reveal information confidentially disclosed to him by a client
when the substance of the conversation was the attorney urging the client to commit perjury. The court rules that the privilege was excepted in this
case based on the "crime/fraud" exception to the attorney–client privilege. Application to Our Case In our case, Traidor is using our services to carry
forth an illegal scheme, since his plans entails polluting a
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Binding Vs Persuasive Authority
Cases & Problems Assignment–Week 2– 1.1 Binding versus persuasive authority. A county court in Illinois is deciding a case involving an issue that
hasneverbeenaddressed before in that state's courts. The Iowa Supreme Court, however, recently decided a case involving avery similar fact pattern. Is
the Illinois courtobligated to follow the Iowa Supreme Court's decisionon the issue? If the UnitedStates Supreme Court haddecided a similar case,
would that decision be bindingon theIllinoiscourt?Explain. Is the Illinois courtobligated to follow the Iowa Supreme Court's decisionon the issue? No
the Illinois court is not obligated to follow the Iowa Supreme Court's decision, because each case is different. Authority from other state
... Get more on HelpWriting.net ...

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Pope Vs. Illinois Case Study

  • 1. Pope Vs. Illinois Case Study For this weeks' discussion post I chose the Supreme Court case of Pope v. Illinois (1987). This case has several values that make it significant in the field of obscenity and the First Amendment. Referring back to Miller v. California and how it set the standard for identifying obscene material not protected by the First Amendment, some portions are a bit more obscure than others. Take the third or "value" prong of the three part test to determine "whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value." Prior to this case it was unclear how to exactly assess whether a work lacked serious literary, artistic, political or scientific value, but when two attendants at adult bookstores were charged with obscenity under Illinois law by selling certain magazines to undercover police, they moved to dismiss on grounds that the then–current version of the Illinois obscenity statute violated the First and Fourteenth Amendments. The judge in both trials instructed the jury that in ... Show more content on Helpwriting.net ... This again reverts back to the First and Fourteenth Amendments, and a violation of non–bias objective judgement. This most certainly is a content based restriction, as the stat of Illinois was claiming that the clerk violated a state criminal statute prohibiting the sale of "obscene" magazines. This case would be considered a valid restriction of speech under Illinois state law because they claim it unnecessary and of no interest for the general public, or community standard, to perches the magazines. The irony in it all is that the Supreme Court overturned the initial ruling that the community standard was inappropriate for determining whether a work had "value". Another twist is that this is considered symbolic speech as the clerks are expressing their political opinions of freedom of speech by selling what would be considered obscene ... Get more on HelpWriting.net ...
  • 2. Dred Scott Case Dred Scott was born a slave in the state of Virginia around the 1900s or the nineteenth century. Dred Scott spent his whole childhood has a save. He served the family of Peter Blow and then as a young adult moved with them to Louis, Missouri. Then, in the early 1830s, he was sold to Dr. John Emerson. Dr. John was an army surgeon. Due to his profession, Emerson had to travel frequently and was appointed to various military posts. Well, Emerson took Scott with him to Fort Armstrong, Illinois in 1833 and Fort Snelling in Wisconsin in the year 1836. To emphasize, both of these forts were on free soil or slavery was prohibited. To add, Illinois was free under the Northwest Ordinance of 1787 and Wisconsin was free under the Missouri Compromise ... Show more content on Helpwriting.net ... Lastly, the last way left for them to get back their freedom was to take their case to the U.S. Supreme Court. So, Dred Scott and his wife took their case to the U.S. Supreme Court. Then, the nine justices of the Supreme Court heard the case in the month of February 1856.Well, as the beginning, the chances of winning the case were little or no. To add, some of the justices (seven) were appointed by pro–slavery presidents and the rest (five) of them were from slave owning families. Well, Dred Scott's lawyers argued their clients or (Dred Scott and his wife) have lived in a free state or territory and they should be considered to be permanently free. Well, on the other hand, the opposition side threw a new tactic or said that the Scotts will never be considered to be free because the Northwest Ordinance and the Missouri Compromise were declared unconstitutional. Also, they mentioned that the congress didn't have the power to completely abolish or put an end to slavery. In the end, the decision of the court was made on March 6, 1857. Well, seven of the nine judges ruled against Dred Scott. The chief justice, Roger B, Taney explained that the Scotts, first of all, didn't have the right to petition because they were African Americans (the African Americans were no considered to be ... Get more on HelpWriting.net ...
  • 3. Case Analysis : The Bloomingdale Police Department In May of 1983 the Bloomingdale Police Department receives and anonymous letter about the activities of Lance and Sue Gates and their involvement in drug trafficking .The contents of the letter are as follows: This letter is to inform you that you have a couple in your town who strictly make their living selling drugs. They are Lance and Sue Gates; they live off greenway in Bloomingdale rd. in the condominiums. Most of their buys are done in Florida. Sues his wife, drives their car to Florida, where she leaves it to be loaded up with drugs, Lance flies down and drives it back. Sue flies back after she drops the car off in Florida. May 3 Sue is driving the down there again and Lance will be flying down in a few days to drive it back. At the... Show more content on Helpwriting.net ... The Illinois Court of Appeals would later affirm the Circuit Courts decision. The case would then be brought to the Illinois Supreme Court, where they in turn would also agree with the preceding courts. The Prosecutor appealed to the US Supreme Court. Aguilar–Spinelli test is the judicial principal that was laid down by the US Supreme Court in the Aguilar v Tex., (393) U.S. 410 (U.S. 1969), the test states that hearsay is reliable evidence to establish probable cause for an arrest or issuance of a search warrant. Also known as the two prong test. This is how the test is applied: The Magistrate must be informed of the reason to support the conclusions that such an informant is reliable and credible. The Magistrate must be informed of some of the underlying circumstances related on the person providing the information The Aguilar–Spinelli Court required that both set of information must present in order to issue a search warrant. Case Facts: The Bloomingdale Police, received an anonymous on Mr. and Mrs. Gates that alleged that they were narcotics dealers and that they would make regular drives to Florida to pick up supplies in their car and then drive back to Chicago. Detective Mader followed up on the tip and found that Mr. Gates had a reservation flight to West Palm Beach Fl. With the help of DEA surveillance teams ... Get more on HelpWriting.net ...
  • 4. Skok Freedom Speech Dwight D. Eisenhower once said, "Every step we take towards making the State our Caretaker of our lives, by that much we move toward making the State our Master." The First Amendment to the Unites States Constitution has been under much scrutiny and had much heat of late. Returning to its pure roots, National Socialist Party of America v. Village of Skokie describes how the U. S. Government must allow freedom speech, even if it is evil, to protect the democracy. When the National Socialist Party of America (NSPA), a professed Nazi group, applied for a permit to demonstrate in the highly Jewish city of Skokie, the town refused to grant the permit. NSPA took their case to the county court which granted them the ability to peacefully protest... Show more content on Helpwriting.net ... This case points back to the purpose of government. Dwight D. Eisenhower as did many Unites States presidents, stated countless times that a democracy can only stand with virtuous people as its citizens. If evil people fill the country, only a dictatorship can bring order. This case demonstrates that America is built upon allowing the free speech of controversial and opposing views. Limiting the rights of the NSPA would pave the way for other types of speech to be limited. My initial view was of course that anyone promoting Nazis views should not be allowed to march, especially considering the town's Jewish population. After further consideration, I realized that if the government has the ability to restrict Nazis' protests, they have the ability to silence me if I am trying to share my faith with a Nazi and it offends them. If we give this power of limiting free speech to the government, they will basically be able to limit it however they so choose. If we allow the government to specifically certain types of speech, that power will invariably grow and power that is once tasted is not given back. We would most definitely loose freedom in other areas of speech. The speech, though I'm sure it caused emotional distress, did not physically harm the citizens of the town. I do think that the banning of the swastika was appropriate. At popularly agreed times, it is not appropriate to demonstrate with the Confederate Flag or other symbols that can inferred with extreme ... Get more on HelpWriting.net ...
  • 5. How Did The Supreme Court Support The Civil Rights Movement The Supreme Court supported Civil Rights Movements by handing down a number of decisions that paved the way for the civil rights accomplishments of the1960s and 1970s. The Court's decisions promoted the creation of an atmosphere in which African Americans and American Women were optimistic about their chances of gaining fundamental human rights as well as equal rights. Aimed at breaking down the idea (laid out in Plessy v. Ferguson in 1896) that racially segregated institutions could be constitutional so long as they were equal, the decisions of the court aided in the upheaval of civil rights in the African American Civil Rights Movement. Within the realm of feminism, at the time, Women's Rights followed a similar trend to that of the leaps ... Show more content on Helpwriting.net ... One of the most infamous Supreme Court cases in history, Rowe v. Wade of 1973 struck down a law in Texas restricting abortion. Texas formerly had a law in place that deemed it a felony for a woman to have an abortion; the courts ruled that the state's interest in protecting the health of a pregnant woman and the potential life needed to be balanced against a woman's right to privacy. The Roe v. Wade decision is what began the national debate over the morality of abortion. Phillips v. Martin Marietta Corp if 1971 is another case that led to the actions of the supreme court in the support of the WRM. Title VII prohibits discrimination by employers on the basis ofrace, color, religion, sex or national origin. Supreme Court case Phillips v. Martin Marietta Corp. is the case that marked the first sex discrimination case under Title VII. The Court unanimously ruled that employers could not refuse to hire women with 4–5 year old children when they also hiring men with children of the same age. Reed V. Reed on 1971 was a unanimous decision in which the Supreme Court struck down an Illinois law concerning sex discrimination within the appointment of administration over an estate. A couple that had separated lost their son who did not leave a will. The man and woman, Sally and Cecil Reed, were battling over control of their son's estate. An Illinois law stated that "males must be preferred to ... Get more on HelpWriting.net ...
  • 6. Search And Seizure: The Mapp V. Illinois Case Throughout the past centuries, the United States has encountered many court cases dealing with illegally searching citizens homes and using the evidence found against them. Cases dealing with Search and Seizure have dated back to Mapp v. Ohio, in which Dollree Mapp's apartment was illegally searched and child pornography was found. This case raised the question, may evidence obtained through a search in violation of the Fourth Amendment be admitted in a state criminal proceeding? This issue is a major problem because it could lead to many citizens rioting and even more cases dealing with this controversial topic. In spite of many attempts to eliminate illegal search and seizures, it has still been a reoccurring problem. Regarding the issue of search and seizure, the Supreme Court has developed a much... Show more content on Helpwriting.net ... Illinois. This case involved a young man, James, being arrested for the murder of another adult. During his trial a witness on his behalf described james appearance on the night of the crime ("James v. Illinois"). However, the statements made contradicted James's story he had told the police the day after the crime. Prosecutors ended up using James's statements in the trial even though they were obtained illegally. Many people believed that the statements made by James were not under fair use because they were obtained illegally. Many cases dealing search and seizure end up favoring the state; however, James v. Illinois ended up favoring the the citizen charged in the case. The majority decision was 5–3 in James's favor ("James v. Illinois). The US Supreme Court's policy on fair use of evidence has changed over time due to the extraneous number of court cases dealing with search and seizure. The Supreme Court originally favored the state when it came to search and seizure cases, but due to the pressure of society, the views shifted towards favoring the ... Get more on HelpWriting.net ...
  • 7. Uncle Tom 's Cabin By Harriet Beecher Stowe Uncle Tom's Cabin 1852: Uncle Tom 's Cabin was a novel made by Harriet Beecher Stowe in 1852. The novel is based on individuals that are against slavery. The books indicates how slavery was a horrible occasion in U.S history and Stowe demonstrate that it is all through the novel. Stowe made this novel for everyone in the Union to understand how evil slavery was. As the novel was released in 1852 numerous northern got there hands on it as quickly as they could. Not many southerners got it since it was a novel against slavery. The significant impact this novel had was over the top since it persuaded such a variety of southerners that slavery was horrible. In addition, many southern got frustrated that Stowe was convincing a great deal individuals that slavery was a terrible thing. However, as many people read it individuals began to get the message that was attempting to be sent by Stowe. As time went on, Uncle Tom 's Cabin lead a political parties to change on perspectives. The Whigs was a critical political party right at this time and it started to breakdown due to old political issues being raised once more. Another issue was nativism. The Whigs ensured individuals who were born in the U.S got better and improvement treatment than others from various nations. While this was going on, Stephen A. Douglas brought up the issue of slavery, causing the Kansas–Nebraska Act to occur Kansas–Nebraska Act 1854: The Kansas–Nebraska Act was passed through Congress in 1854. The act was ... Get more on HelpWriting.net ...
  • 8. Clarence Thomas Case Study Clarence Thomas was born June 23rd, 1948 in Pin Point, Georgia. Clarence became the second African–American justice to serve on the United States Supreme Court. His appointment was one of the most controversial in history. Thomas was sworn in to the Supreme Court on October 23rd, 1991 by Congress. The retirement of Thurgood Marshall led former president George H.W. Bush to nominate a new justice (Bio, 2016). Thomas did not always have aspirations of becoming a Supreme Court Justice. When Thomas was sixteen he earned admittance to St. Vianney seminary to pursue his dream of becoming a Catholic priest ( Chicago–Kent College of Law at Illinois Tech, 2016). Thomas obtained excellent grades but struggled with racially charged bullying. By 1967... Show more content on Helpwriting.net ... Senators should analyze the experience, the qualifications and most importantly how their nomination would affect the balance of the court. In 1991, senators and the public flooded Capitol Hill with telephone calls and telegrams, the Senate voted 52 to 48 in favor of Thomas. Eleven Democrats joined 41 of the 43 Republicans in supporting him (Jr.Apple, 1991). Thomas Clarence did not have much experience nor qualifications as a judge which contributed heavily on his rating by the ABA. The balance of the court is an essential aspect as well. When Thomas filled the vacancy for Marshall the court's liberal justices were declining which gave the advantage to the conservatives (Dowd, 1991). The court became more balanced with confirmation of Justice Ruth Bader Ginsburg in 1993. A senator should not vote solemnly on a nominees' political views or their qualifications, it should be a compilation of both. In conclusion, despite his obstacles and constant criticism for his lack of questioning in oral arguments, he has built a reputation as being one of the most conservative justices. Clarence Thomas has now severed 24 years as a justice on the United States Supreme Court and shows no signs of retiring ( Chicago–Kent College of Law at Illinois Tech, ... Get more on HelpWriting.net ...
  • 9. How Did Jane Addams Play A Role In Criminal Justice Young and stupid with no second chances. Your mistakes follow you around for the rest of your life, if you even have a life after you're caught. At the young age of six, you could be charged with the death penalty. This needed to be changed. Children who made mistakes were lawfully treated the same way as adults who committed crimes. By making the juvenile court system, delinquent, abused, and neglected children could get the help they needed to change their ways instead of punishing them for their actions, which would in turn help mold the current juvenile laws. Less children would be criminals which would cause less of them to grow up to be criminals.. It was all made in Illinois. Children who committed crimes were to be charged with the... Show more content on Helpwriting.net ... Illinois was the first state to have a separate court system for juveniles. The court act stated that a person under the age of 16 was considered a minor. It also meant that when they would do something bad, they would be delinquents, not criminals. Being a delinquent is nowhere near as bad as being a criminal, so it would not follow them around all of their lives. From there, the delinquent had their own court of law. That court differed from the normal court in many ways. Delinquents would almost never get sent to jail. Most of the time, they would be sent to reform homes or better known in today's day and age as a correctional facility. Most children who were delinquents had a history of abuse, neglect, or very poor families. The lack of love and attention from their home lives would often make them resort to doing things illegally. The reform homes would teach them to make better choices, as well as how to do basic life skills, similar to hull houses. Children who would leave these homes would live happy lives, for the most part, and would make good choices for the rest of their lives. With the reforming homes, these kids learned to change their ways, that they could be better kids, instead of being told that they were criminals and needed to be punished by being put in jail. What illinois did not know was that this law about juvenile discipline would be the building block to the whole entire nation's ... Get more on HelpWriting.net ...
  • 10. The latter part of the 19th century (1870-1900) is... The latter part of the 19th century (1870–1900) is generally viewed as a dark time in American History. Called the "Gilded Age" this was a time in which increasing wealth was plagued by many problems under the surface. The Gilded Age saw increasing industrialization, urbanization, immigration, and the problems associated with them. Many people during this time period blamed these problems on the government for being "laissez–faire;" for not taking steps against industry in order to benefit the interests of the people. Although the people were correct in the fact that the government was not taking steps in order to benefit them, the claim that the government during the Gilded Age was laissez–faire is completely false. Through their... Show more content on Helpwriting.net ... Thus, through the acquisition of wealth for the wealthy, the poor are able to obtain the necessities of life, and society is advanced. While The Theory of Moral Sentiments deals mainly with the moral argument for laissez–faire, The Wealth of Nations justifies the usage of laissez–faire at the national level through economic arguments. In Book 4 of The Wealth of Nations (Of systems of political Economy), Smith argued that government restrictions hindered industrial expansion and thus, harmed the economy in the long run (in earlier books, Smith had equated the growth of industry to the wealth of a nation and its individuals through historical analysis). Specifically, he stated that protectionist tariffs served against the interests of a nation by causing increasing prices of foreign and domestic goods, that export duties harm the economy by diminishing the goods that a company can ship overseas, that trade treaties harm the economy by giving a foreign nation a trade monopoly over an industry (since the other country will only be trading with them for that particular good), and that by restricting the ... Get more on HelpWriting.net ...
  • 11. Illinois V. Gates Case Digest Illinois v. Gates Parties: Plaintiff in the Illinois Circuit: State of Illinois Defendant Lance and Susan Gates Appellant in the Illinois Appellate Court: State of Illinois Respondent in the Illinois Appellate Court: Lance and Susan Gates Appellant to the Illinois Supreme Court: State of Illinois Respondent to the Illinois Supreme Court: Lance and Susan Gates Petitioner to the SCOUTS: State of Illinois Respondent to the SCOUTS: Lance and Susan Gates. Procedural History: The Gates won their motion to suppress before they were tried; the prosecution appealed it to the Illinois appellate court AND the Illinois Supreme Court. When the prosecutor lost in both of those state courts, the prosecutor then petitioned the USSC for a writ of certiorari ... Show more content on Helpwriting.net ... The police department did a follow up with the highly detailed tip they received. The defendants where watched closely and the officers did a follow up on the exact activities that they received from the anonymous tip. The officers gathered all the information they observed in doing the follow up, and received a warrant. The warrant allowed the officers to search the home and the defendant's automobiles. The officer's drug dogs found drugs, weapons and contraband in the defendants home and automobiles. Stated in the article, that the defendants made trips to Florida to bring back narcotics. Mader followed up on the tip and discovered that Lance had made a reservation to West Palm Beach. Lance was followed to the hotel, where he left with Sue in the family car back to Bloomingdale. The information that the officers gathered allowed them to provide evidence that the defendants where selling and bringing back drugs and with the tip, they were given a search warrant from the magistrate. Issue: Should the magistrate allowed a search warrant to be issued since they were given information from an anonymous tip, without violating the Fourth Amendment rights? Holding/Rationale: When a court decides whether or not to issue a search warrant, the elements of the informant's credibility/reliability and basis of knowledge are to be used as guides when considering the totality of the circumstances and are
  • 12. ... Get more on HelpWriting.net ...
  • 13. Case Brief of Illinois v. Caballes Case Brief of Illinois v. Caballes Citation: 543 U.S. 405 (2005) Case Facts: Roy Caballes was stopped for speeding by an Illinois state trooper Daniel Gillette. During the traffic stop another state trooper Craig Graham of the Illinois State Police Drug Interdiction Team, overheard the stop on the radio and showed up to the scene with a narcotics detection dog. While the first trooper was writing Roy Caballes a warning ticket for speeding the second trooper walked around Roy's car with the narcotics detection dog. The dog alerted that it had detected narcotics at the rear end of the car which subsequently led to the state troopers searching the trunk of the car. Upon searching the trunk of the car the state troopers found a large quantity of marijuana which consequently led to the arrest of Roy Caballes. The entire incident lasted no longer than 10 minutes. Roy Caballes was convicted of a narcotics offence and was sentenced to 12 years in prison and ordered to pay a $256,136 fine. Case Issue: Does the use of a narcotics detection dog during the course of a routine traffic stop violate the Fourth Amendment's protections against unreasonable searches and seizures? Case Procedural History: Roy Caballes tried to suppress the drugs seized in the stop by claiming that the state troopers did not have probable cause to search his vehicle. The trial judge denied the motion to suppress the seized marijuana. The trial judge held that the use of the drug dog did not prolong the duration ... Get more on HelpWriting.net ...
  • 14. The Death Penalty The concept of the death penalty has been around since the 1700's B.C. where it was first defined in the Code of Hammurabi (Historical Timeline). Since then, the death penalty has morphed and changed. In 1608 A.D., Captain George Kendall in the Jamestown colony of Virginia was hanged for treason (Historical Timeline). This became the first execution recorded in America (Historical Timeline). After this moment in history, people have debated the concept of the death and if it is truly constitutional in regards to the other amendment. The first case that the Supreme Court ruled on that shaped the modern death penalty is Furman v. Georgia. On June 29, 1972, the Burger Court answered the question "Does the imposition and carrying out of the ... Show more content on Helpwriting.net ... The question of the Gregg vs. Georgia case was "Is the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment?" (Gregg v Georgia). In a ruling seven–to–two, the courts' ruling was that the death penalty did not violate the Eighth and Fourteenth Amendment under all circumstances (Gregg v Georgia). Because of the strict guidelines around the death penalty in Georgia, which include the requirement bifurcated proceeding, where the trial and sentencing are conducted separately, and that prior death sentencing is compared to the current trial in questions, "the state assures the judicious and careful use if the death penalty" is chosen (Gregg v Georgia). After almost a decade of no death penalty rulings, the execution of Gary Gregg stopped the state 's concern about ruling this punishment. One of the biggest effects that the Supreme Court has had on the death penalty is their rulings that affect the jury. The two cases that have affected the jury the most are Witherspoon v. Illinois and Hurst v. Florida. In Witherspoon v. Illinois, which occurred on April 24, 1968, the Warren Court decided whether dismissing a juror on the basis that they are against capital punishment is a violation of the Sixth Amendment which guarantees the accused an impartial jury and the Fourteenth ... Get more on HelpWriting.net ...
  • 15. What Is Abraham Lincoln's Life Abraham Lincoln earned and received his license to practice law in Illinois in 1836. By then Lincoln was already on his way with politics as he was elected into the Illinois General Assembly in 1834. Lincoln would go on to be reelected into the Illinois General Assembly in 1836, 1838, and 1840. While in the Illinois General Assembly Lincoln would play a major role relocating the state capital to Springfield, Illinois. After 1840, Lincoln did not actively continue on with the Illinois General Assembly. In Abraham Lincolns young adult life, he showed great dedication. Lincoln was only in school for one total year. Yet, he did not let that alter his knowledge. Lincoln continued to read books and educated himself with these books as well as life ... Get more on HelpWriting.net ...
  • 16. Brown V Board Of Education Landmark Supreme Court Cases пЃ¬Brown v Board of Education (1954) пѓ The Background: In the 1950's, schools were separated by race. Linda Brown and her sister had to walk down a dangerous railroad switchyard to get to the bus stop to their all–black elementary school. There was an all–white school closer to the Brown's house, and the Brown family believed that segregated schools violated the Constitution. пѓ The Constitutional Issue: This issue violated the Equal Protection Clause of the Fourteenth amendment because segregated schools for people of race are unconstitutional and unequal. пѓ The Outcome: The Supreme Court states that segregated schools could never be equal to each other. The Court decided that laws requiring separate schools violated the Fourteenth Amendment. This decision supports that all people are equal. As a student, I am affected because people of different race are welcome to go to school where I go to school. пЃ¬Mapp v Ohio (1961) пѓ The Background: The police were suspicious of Dollree Mapp hiding a person suspected in a bombing. They went to her house and demanded entrance, but Mapp would not let them in because they did not have a warrant. The police broke into her house and found evidence of crime. At the trial, the police could not show their warrant at the U.S. Supreme Court. пѓ The Constitutional Issue: This violated the Fourth Amendment, because the Fourth Amendment protects the people from unreasonable search and seizure by the government. пѓ The ... Get more on HelpWriting.net ...
  • 17. Due Process Clause Case Study within the confines of the Due Process Clause, the Supreme Court said that the "simple but controlling question is whether the state has given anything for which it can ask in return." Applying the same ideas, the Supreme Court stated that the power of a state to impose use tax collection–obligations and liability upon a remote seller could be proper in a variety of circumstances. However, the Court found that a state may not impose a duty of tax collection onto a seller whose only connection with customers in the State is by common carrier or the mail. Subsequently, the Supreme Court held that physical presence is the requirement for use taxation and the Illinois statute in question violated both the Due Process Clause and the Commerce... Show more content on Helpwriting.net ... While Illinois sales totaled just over $2 million, both of those figures are substantial when considering the date of the National Bellas Hess decision. The dissent notes that the corporation's mailing list includes five million names, and the company even allowed sales on credit–a feature that exemplifies how sophisticated National Bellas Hess was in a time before the advancement of modern technology. There is no doubt that such a large–scale corporation that did continuous solicitation in the Illinois market had a sufficient nexus to require them to remit the use taxes back to the state. The company was never "simply using the facilities of interstate commerce to serve customers in Illinois," but rather it was "regularly and continuously engaged in 'exploitation of the consumer market.'" The company engaged in the benefits of the state as if it were a brick–and–mortar retail store, and to "excuse Bellas Hess from [its] obligation is to burden and penalize retailers located in Illinois who must collect the sales tax from their customers." The activity the company directed into Illinois was not "minor or ... Get more on HelpWriting.net ...
  • 18. Dred Scott V. Sanford Case Steven Hermosillo Professor Young Political Science 22 July 2016 Dred Scott v. Sanford Supreme Court Case According to William A. Darity, Duke University Professor, "Dred Scott v. Sanford (1857) was a major U.S. Supreme Court case dealing with the status of slaves in the United States." Britannica.com states that "Dred Scott decision, formally Dred Scott v. John F.A. Sandford, legal case in which the U.S. Supreme Court on March 6, 1857, ruled (7–2) that a slave (Dred Scott) who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to his freedom; that African Americans were not and could never be citizens of the United States; and that the Missouri Compromise (1820), which had declared free all territories west of Missouri and north of latitude 36В°30′, was unconstitutional." Dred Scott was living in a free state after his slave owner died and was still considered a slave after his slave owner died. Jennifer Stock, author/writer, writes that "In April 1846, Dred Scott (c. 1795–1858) and his wife Harriet began such a difficult quest by initiating a lawsuit for Scott 's freedom on the grounds that Scott 's owner, U.S. Army surgeon John Emerson, had taken him to the free territory of Wisconsin as well as the free state of Illinois." Scott resided in Illinois with his owner and tried to fight for his freedom that he was deemed free while living in Illinois. History.com notes that "On this day in 1857, the United States Supreme Court ... Get more on HelpWriting.net ...
  • 19. Supreme Court Case: Presser V. Cruikshank Second Amendment and Gun Control In recent years, the topic of gun control has become an increasing heated debate. Some think that the second amendment does not grant people with the right to bear certain guns. Others argue that under the second amendment, the right to bear arms involves all guns and that their right should not be infringed on by the federal government. Issues surrounding the interpretation of the Second Amendment has been involved in many Supreme Court cases throughout the years of the United States of America. The first time the Supreme Court interpreted the Second Amendment was in 1876 in the case of, United States v. Cruikshank. United States v. Cruikshank was one of the earliest Supreme Court cases that involved the ... Show more content on Helpwriting.net ... The Firearms Control Act of 1975 banned the ownership of handguns, automatic firearms, and unregistered possession of firearms by residents. The act also required firearms that were kept at home to be disassembled, bound by a trigger lock or unloaded. In 2008, in the Supreme Court case of District of Columbia v. Heller the court ruled that the provisions of the trigger lock and weapon ban violated the second Amendment. Moreover, that the Second Amendment grants an individual the right to hold a firearm unconnected with the service of a militia. However, the court also ruled that the registration of firearms remain in place. In addition, the cities ban on assault weapons to remain in place as well. This case was a landmark case for mostly gun right advocates. This case ruled that individuals not be restricted from possession firearms for law full purposes such as self–defense in a ... Get more on HelpWriting.net ...
  • 20. Supreme Court Case: The Dred Scott Decision Of 1857 In the Supreme Court case, "The Dred Scott Decision of 1857", Dred Scott, a Missouri slave, brought to Illinois by his owner, fought for him and his families freedom in the northern states where slavery was forbidden. While in Illinois Scott fought for his independance on the terms that him and his family now resided in a free state which declared him a free man. On March 6,1857, in a 7–2 decision, the Supreme Court denied Scott's freedom. The Supreme Court stated that any African American was denied the right to have American citizenship. Due to the fact that Scott wasn't considered an American citizen he did not have the right to sue in federal court. After the case had been finalized many African Americans and abolitionists were enraged ... Get more on HelpWriting.net ...
  • 21. Nolan V. Illinois Case Study Facts: Defendant Wardlow was seen holding a "opague bag"by Officer Nolan. Officer Nolan was driving with fours car, his being the last one. The cars were in a "heavy narcotics trafficking area" examining the area for "drug transactions." Wardlow saw the police cars and fled the area, even though Wardlow was not doing anything "suspicious." Officer Nolan seeing the defendant flee, chased and caught the defenfent. When caught officer Nolan did a "protective pat down search for weapons." Officer Nolan looked at the bag, opened it and found a gun. Wardlow was then arrested by Officer Nolan. Wardlow's attorney filed a "motion to suppress" the gun, under the action of an "lawful stop and frisk." The motion was denied by The Illinois Trial Court.... Show more content on Helpwriting.net ... Their reasoning was Officer Nolan did not have probable cause to stop the defendant and the gun to be "suppressed." The Illinois Supreme Court agreed with this reasoning but disagreed that a "high crime area" and a flight from Wardlow is justifiable to a "terry stop." The Illinois Supreme Court found the "stop and arrest" to have "violated the Fourth Amendment." The United States supreme court "granted certiorari" and reversed the decision. Issue: Are officers justified to stop and search an individual with reasonable suspicion, if one flees from a high crime area upon arrival of police? Holding: Yes, officers are justified to stop and search an individual with reasonable suspicion, if one flees from a high crime area upon arrival of ... Get more on HelpWriting.net ...
  • 22. Escobedo V. Illinois Case Study Escobedo v. Illinois Monsees, Escobedo v. Illinois: Right to seek counsel Mark Monsees Liberty High School AP – Government 3A/B The right to consult a lawyer when being questioned by the police is a very important right as it could potentially save an individual from being convicted for whatever he or she has been accused of. This case was centered on Danny Escobedo who was taken into custody by the Chicago police department on January 20th, 1964, for the shooting of his brother–in–law. During Escobedo?s interrogation he continuously asked to consult with his lawyer. The authorities in charge of Escobedos interrogation refused to provide a lawyer for Escobedo, which ultimately ended up with him confessing to the murder of his brother in law. Being forced into confessing to the murder of his brother in law drove Escobedo to take his case to the supreme court under the premise that his sixth amendment right of right to counsel, which didn?t apply constitutional to felony offences until the 1963 supreme court case Gideon v. Wainwright. (Gideon v. Wainwright. (n.d.). Oyez. Retrieved January 9, 2016, from https://www.oyez.org/cases/1962/155) The Sixth Amendment of the U.S. Constitution gives everyone the right to counsel, which essentially means that the accused party has the right to consult a lawyer during interrogation. This idea was used as the main argument for Escobedo?s court case along with the Supreme Court case Gideon v. Wainwright 1963. This court case center around Clarence Earl Gideon who was charged with a felony after... Show more content on Helpwriting.net ... Illinois." LII / Legal Information Institute. Cornell University Law School, 2015 Web. 07 Dec. 2015. "Sixth Amendment." LII / Legal Information Institute. Cornell University Law School, 2015 Web. 07 Dec. 2015. "Gideon v. Wainwright." Oyez.org. IIT Chicago–Kent College of Law, 2015 Web. 07 Dec. 2015. "The Fourth Amendment." (2015): n. Www.gpo.gov. 2015. Web. 8 Dec. 2015.ec.
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  • 24. The Supreme Court in the American Government The Supreme Court is the highest judicial court in a county or state. In the legal system of the United States, the Supreme Court is the interpreter of federal constitutional laws. The Court consists of five justices appointed by five Republic presidents and four by Democratic presidents. Although there are an unequal amount of justices, some of the court decisions have supported and broadened equal rights, while some have restricted them instead. However, most of these cases prove that the Supreme Court is not considered to be democratic. First off, the definition of democracy is that it is a form of government in which all eligible citizens participate equally, either directly or through elected representatives. Democracy plays a major role in government, considering it provides freedom and liberty to citizens in the United States. There are many court cases where the Court's decisions have disapproved the equality, such as the Dred Scott Case. In 1857, Scott v. Sandford, also known as the Dred Scott Case, involved the bitter issue of the status of slavery in the federal territories. This court was about a case, which was about a slave who had lived with his owner in a free state before returning back to Missouri, a slave state. Dred Scott argued that it gave him the right and freedom to emancipation. Originally, Justice Samuel Nelson was supposed to argue that the case belonged in the state instead of a federal court, while other justices were saying how ... Get more on HelpWriting.net ...
  • 25. How the Earl Warren Court Liberalized America Essay The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. One way the Warren Court liberalized America, is through the court cases of Gideon v. Wainwright (1963), Escobedo v. Illinois (1964), and Miranda v. Arizona (1966), where these court cases helped define Due Process and the rights of defendants. Another way the Warren Court liberalized America, is through the cases of Tinker v. Des Moines ISD (1969), Engle v. Vitale (1962), and... Show more content on Helpwriting.net ... The issue of Tinker v. Des Moines ISD was that students were to wear black arm bands to school in protest of the Vietnam War; however the school warned that anyone wearing the armbands would be would be suspended, but the Tinker children wore their armbands to school (they were the only ones of the group to do so) and were suspended leading to Mr. and Mrs. Tinker filing a law suit claiming that the school violated the children's right to freedom of speech and expression. The court ruled against the school district saying that "students do not shed their constitutional rights at the school house gates. In doing so the court protected what has come to be known as "symbolic speech." In the case of Engle v. Vitale, the Supreme Court ruled that prayers in schools were considered unconstitutional, leading to a ban of all prayers led by teachers in school, even if the prayer was considered voluntary, stating, in a way, that there was some sort of "separation of church and state" which is not true. Lastly, New York Times v. Sullivan focused more on the freedom of the press, ruling that "actual malice" must be proven to support a finding of libel against a public figure. Finally, the Warren Court liberalized America in a dramatic way, since that it focused more on the right to privacy, the incorporation of the ... Get more on HelpWriting.net ...
  • 26. Supreme Court Case: The Wabash Vs. Illinois Case Wabash v Illinois In 1886 the US Supreme Court declared that states could not regulate commerce that went beyond their boundaries in the Wabash, St. Louis and Pacific R.R. versus Illinois case. The decision provided the basis for the formation of the Interstate Commerce Commission in 1887. The Interstate Commerce Commission was a regulatory agency in the united states. Its purpose was to regulate railroads to ensure fair rates, to regulate rate discrimination and to regulate other aspects of common carriers, including interstate bus lines and telephone companies. With the construction and use of railroads, the main question that had to be answered was who would control the railroad services and monitor rail ways. Since there were no laws within the railroad services, many states established and controlled their own regulatory board. Many rail companies operated between states so enforcing rules was seen as impractical and useless. Meanwhile the railroad companies were abusing their powers by setting their own standards and practices. This case began with Illinois suing the not Wabash, St.Louis and Pacific... Show more content on Helpwriting.net ... Supreme Court case upheld the constitutionality of segregation under the "separate but equal" doctrine. The Court ruled that a state law that "implies merely a legal distinction" between whites and blacks did not conflict with the 13th and14th Amendments. Restrictive legislation based on race continued following the Plessy decision, it was not overturned until Brown v. Board of Education of Topeka in 1954. The case came from Louisiana, which in 1890 adopted a law providing for "equal but separate accommodations for the white and colored races" on its railroads. In 1892, passenger Homer Plessy refused to sit in a Jim Crow car. He was brought before Judge John H. Ferguson of the Criminal Court for New Orleans, who upheld the state law. The law was challenged in the Supreme Court on grounds that it conflicted with the 13th and 14th ... Get more on HelpWriting.net ...
  • 27. Supreme Court Cases During The Progressive Era Progressive Era: The supreme court frequently began using the Tenth Amendment during the progressive era. In various literatures I found of supreme court cases, it is seen that often times state laws that established a maximum of work hours allow and/or to create working conditions. Various legislation that were created were often times declared unconstitutional by the supreme court. Legislation that were intended to help people were ruled unconstitutional because it supposedly actually "harmed" workers by taking away their freedom to work long hours for low wages in such conditions. Certain legal interpretation influenced Justices' reasoning, and they decided that the choice would affect the rights and liberties that the government should ... Get more on HelpWriting.net ...
  • 28. Tax Exemptions in America Decades ago, state and federal legislatures began offering tax exemptions, including exemptions from property tax, for nonprofit institutions that provide charitable services to communities. Nonprofit hospitals that qualify for federal tax exemption under Internal Revenue Code В§501(c)(3) are not guaranteed state charitable tax exemptions. A hospital must provide some amount of charity in order to be granted a statetax exemption, however historical statues have failed to quantify what amount of charity is sufficient to meet the charitable purpose exemption . In recent times, nonprofit hospitals repeatedly have to defend the amount of charity and benefit they provide to the community to maintain their state property tax–exempt status. There has been a recent, notable case where a hospital lost its property tax exemption. In the case of Provena Covenant Medical Center V. Illinois Department of Revenue, the Illinois Supreme Court held that PCMC does not provide enough charity care to qualify for tax exemptions provided for nonprofit organizations that provide charity care . Nonprofit hospitals are among the largest landowners in many communities, in the US, billions of dollars in property is owned by nonprofit hospitals . Most hospitals would owe millions in taxes if exempt properties were taxed. This report will examine the Illinois Supreme court decision in Provena Covenant Medical Center v. Illinois Department of Revenue, Case No. 107328, and analyze the courts ... Get more on HelpWriting.net ...
  • 29. Dred Scott and Slavery Dred Scott was a man that grew up in the tough times of slavery. Scott was born around the year 1800 and died in 1858. As a young man and all the way up to his death he tried several times to gain freedom for his family and himself through the Missouri court system, but failed. Scott then took his case to a court in Missouri, where he won only to have the final decision revoked by the Supreme Court ("Dred Scott Biography"). The notorious outcome of Dred Scott v. Sandford case embarked the start of the Civil War in the United States against the northern states and the southern states. Dred Scott was born as a slave in the state of Virginia around the year 1800. His owners for most of his young life were Peter and Elizabeth Taylor Blow. In 1818, the Blow family and some of their slaves including Scott moved to a cotton plantation in Alabama where they lived for the next twelve years ("Dred Scott"). In 1830, the Blow family and there slaves relocated to St. Louis Missouri. The Blow family had given up plantation farmers and decided to open a hotel called the Jefferson Hotel ("Dred Scott"). In the next two year both Peter and his wife Elizabeth Blow died and Dred was sold to U.S. Army doctor named John Emerson were he became his servant ("Dred Scott Biography"). Soon after Scott was sold to Dr. Emerson they both traveled to Fort Armstrong, Illinois where they resided for the next three years. This was the first time in Scott's life that he was considered a "free" man due to ... Get more on HelpWriting.net ...
  • 30. Thirty Interrogatories: A Case Study Defendants, Gerry Goldman and Mary Goldman, by their attorneys, ADLER, MURPHY, & MCQUILLEN LLP, and respectfully file this Response to Plaintiffs' Motion for Leave to Propound in Excess of Thirty Interrogatories. Defendants respectfully request that this Court deny Plaintiffs' motion. In initially serving 46 forty–six interrogatories, Plaintiffs once again opted for a shotgun approach to litigation–that is, serve or file now and ask questions about proper procedure later. Plaintiffs compound their reckless approach with their current Motion for Leave to Propound in Excess of Thirty Interrogatories, which once again, fails to comply with Illinois Supreme Court rules and offers no basis to establish good cause for the additional interrogatories. Illinois Supreme Court Rule 213(c)(eff. May 30, 2008) limits the number of interrogatories, including any subparts, that a party may serve to 30thirty. A party may exceed that number only by... Show more content on Helpwriting.net ... The only reason they offer is their conclusory statement that a simple landlord–tenant dispute is somehow a "complex" case that may involve more than $1one million dollars in damages. (Pls. Mot. Propound in Excess of 30 Interrog., ¶¶ 6–7.) However, in limiting the number of interrogatories to thirty (absent good cause), the Illinois Supreme Court clearly envisioned that thirty was the appropriate number, even for supposedly complicated cases. In other words, to adopt Plaintiffs' logic would mean that a litigant would only need to subjectively believe that a case is "complex" and that damages may exceed $1one million dollars to meet Rule 213's good cause requirement. Even if Plaintiffs' subjective belief was true (which is not), an untold number of cases are filed each year in Illinois courts that allegedly involve $1one million dollars in damages, and surely such a scant explanation does not satisfy the good cause ... Get more on HelpWriting.net ...
  • 31. John Paul Stevens: US Supreme Court Justice Justice Stevens John Paul Stevens served as associate justice of the Supreme Court from 1975 until his retirement in 2010. Throughout his judicial career, Stevens exercised a liberal view in the courtroom and often displayed judicial restraint to the United States Congress. Justice Stevens was appointed by President Ford in 1975 because of his judicial experience and personal confidence. While serving as Associate Justice, Stevens provided opinions on many subjects including the death penalty and affirmative action. Before serving as Justice of the Supreme Court, Stevens founded his own law firm and gained an expertise in anti– trust laws. Due to his successful legal career, Stevens was able to gain recognition allowing him to be nominated as Associate Justice of the Supreme Court. Prior to his appointment as associate justice of the Supreme Court, John Stevens upheld several different court positions and founded his own law firm. Stevens began his law career by serving as assistant clerk to Justice Wiley Rutledge of the Supreme court. Following his term as a clerk to Justice Rutledge, Stevens decided to seek a career in law by becoming a lawyer. After being admitted to the Illinois bar in 1949, Stevens decided to join the law firm Poppenhusen, Johnston, Thompson & Raymond as a lawyer. Stevens legal expertise was his work with antitrust laws, which consisted of him regulating business associations and advocating fair competition to ensure the welfare of consumers. In ... Get more on HelpWriting.net ...
  • 32. Dred Scott 's The Supreme Court Of The United States It has been presented to the Supreme Court of the United States of America that Mr. Dred Scott pleas for freedom from his slave master, Mr. Sanford. Initially Mr. Scott was owned by Dr. Emerson until Mr. Emerson's death when Scott was sold to Mr. Sanford. Under intense scrutiny and discernment it has been decided by the Supreme Court that Mr. Dred Scott has the inalienable right to be a free citizen of the United States of America. Scott is a slave, owned by Mr. and Mrs. John Emerson since 1836. Scott currently resides in St. Louis, Missouri as of 1830. Mr. Dred Scott has presided residence in both Illinois and Wisconsin Territory, accompanied by his slaveholder. The Illinois and Wisconsin Territories are free, meaning that no man nor woman can be private property of another. Because of this, Mr. Emerson has no control nor jurisdiction over Scott. Mr. Scott resided in free territory for several years, therefore, he must leave this courtroom as a free man. Although slavery is not abolished in the South, it is abolished in both of the territories that Scott visited during his involvement with Mr. Emerson, making it his right to be free. It is of the slaveholder's duty to not enter the territories of Illinois and Wisconsin expecting his slave to maintain in his possession. The responsibility is left on Mr. Emerson and it is due to his ignorance that his slave will gain freedom today. Slavery is prohibited in both territories, making it unreasonable that a man should remain a ... Get more on HelpWriting.net ...
  • 33. Illinois Court Structure They say justice is blind. Laws are made only to protect the interest of the wealthy. Anyone can become a judge, one does not necessarily have to attend school to do so. These are just a few myths about our judicial system, some of which that hold some truth, and others that are inaccurate. In this paper, I will provide history about the type of court structure in Illinois, the process in which judges and lawyers are selected within the state, and how judges and lawyers are disciplined. To begin, Illinois was admitted to statehood in 1818. In its original Constitution, the following was outlined: "Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property, or reputation; he ought to obtain by law right and justice.... Show more content on Helpwriting.net ... In order to become a lawyer in Illinois, as I aspire to be, one must first attend an undergraduate institute to obtain a degree. Next, for formal legal study, one must enter law school to obtain a secondary degree called the Juris Doctor. However, before completing this, one must take the Law School Admission Test (LSAT) as an entry exam to law school. The LSAT is offered four times throughout the year, and consists of three sections which are: logical reasoning, analytical reasoning, reading comprehension, and a writing sample. Hence, this test predicates how one will perform in law school and often influences the school in which students are accepted. However, upon graduation, one must pass the state bar exam. Even for this examination, there are a few requirements under Rule 704 in the Supreme Court Rules: the person must be of twenty one years of age, be of good moral character to practice law, has satisfactorily completed exams on academic qualifications an responsibility as prescribed by the Board of admissions, and attend a school on the approved list of the American Bar ... Get more on HelpWriting.net ...
  • 34. Arthur Terminiello V. Chicago: A Case Study Arthur Terminiello gave a malicious speech against certain political parties and racial groups. During the speech, a large crowd of protesters began assembling outside of the auditorium. The crowd eventually began to become violent, and the police were unable to control the crowd. Police Arrested Terminiello for violating Chicago's "breach of peace." He was later charged with disorderly conduct. Terminiello was found guilty in the lower court. He then appealed to the Illinois Supreme Court, where the conviction was maintained. After receiving the verdict from the Illinois Supreme Court, Terminiello appealed to the U.S. Supreme Court. Did the "Breach of Peace" Ordinance in Chicago violate the First amendment?The Illinois Supreme Court Ruling ... Get more on HelpWriting.net ...
  • 35. Race And National Origin Of The Court 's Current Equal... In recent decades, the Supreme Court has not granted certiorari for many gender–based discrimination cases, and consequently there has not been much jurisprudential progress lately regarding Equal Protection Clause claims. It is not uncommon for the Supreme Court to back off of certain issues that they feel are largely solved for the time being. Feeling that the existing precedent is satisfactory, the Court has not shown a desire to alter the test for gender–based claims and have settled on using an intermediate level of scrutiny for such cases, in between rational basis and strict scrutiny. Race and national origin are the only groups that are given strict scrutiny under the Supreme Court's current Equal Protection Clause analysis.... Show more content on Helpwriting.net ... Put another way, in 2017 one can imagine very few gender–based distinctions in a statute that would not be intended to be discriminatory. Any valid gender distinction would surely pass the test of strict scrutiny. Simply stated, any statute or government action that draws a sharp distinction between the two sexes entirely should be presumptively unconstitutional unless there is sufficient reasoning as to why the distinction should exist. To understand why gender should be a suspect class, it is useful to examine the Supreme Court precedent regarding gender discrimination cases. The U.S. Supreme Court case of Bradwell v. Illinois, 83 U.S. 130 (1873) demonstrates both the history of discrimination against women based solely on gender as well as the Supreme Court's past unwillingness to rectify gender discrimination. In this 1873 case, Myra Bradwell challenged an Illinois State Supreme Court ruling denying her admittance to the Illinois state bar despite the fact that Mrs. Bradwell passed the Illinois bar exam. The justification for why she was denied admittance to the bar was based solely on her sex, pursuant to a state law that forbade women from obtaining a law license. Bradwell brought a suit against the State of Illinois before ... Get more on HelpWriting.net ...
  • 36. Gagnon V Scarpelli Case Study This is the case of Gagnon v. Scarpelli (1975), Gerald Scarpelli and friend Fred Kleckner was arrested in Illinois for burglary of a house. The officer read both of them their constitutional right. Afterward, Scarpelli admitted that he and Kleckner did, in fact, broke into the house and stole merchandise or money. On July 1965, he pleaded guilty to arm robbery in Wisconsin. Later, he was sentenced to 15 years imprisonment but, later they suspended his sentence and given him probation for seven years. The grounds for a revocation were that Scarpelli knownly associated with Fred Kleckner, Jr. a known criminal. At the time of thecrime it was also noted that Mr. Kleckner, had an arrest for burglary in Deerfield, Illinois (United State Supreme Court Gagnon v. Scarnelli, (1973) ... Show more content on Helpwriting.net ... Therefore, since the Scarpelli, was not given a counselor and his probation was revoked without a hearing, a habeas corpus petition was filed. It was then the District Court acknowledge that revocation of probation without a hearing and counsel was a denial of due process.(Gagnon v. Scarpelli 411 U.S. 773 (1973). (n.d.).The Court of Appeal affirmed that using the same specification for parolee under the Morrissey v. Brewer, 408 U.S. 471, in which states that due process is required preliminary and final revocation hearing for probationer case. The hearing will determine if a counsel is needed for an indigent probationer or parolee according to due process requirement in each individual case. However, the state is not obliged to assist in providing a counselor, unless the individual is indigent Nevertheless, it would be wise to assist those that are indigent probationer or parolee in having difficult in sharing their side of the story with the facts when there is no witness or presentation of evidence (United State Supreme Court Gagnon v. Scarpelli, (1973) No. 71–1225, n.d.). It is also, suggested when a request for a counsel is refused, and then the refusal should be written in the ... Get more on HelpWriting.net ...
  • 37. Age Discrimination in Madigan v. Levin Essay Basics: The Supreme Court case to be closely followed and reviewed for class this semester is Madigan v. Levin. This is a case of the U.S. District Court for the Northern District of Illinois. Lisa Madigan is the petitioner, with Harvey N. Levin being the respondent. On Monday, March 18, 2013, the case was granted and on Monday, October 7, 2013, it was argued. (OYEZ, Inc., 2013) Facts of the Case: This is a case of age discrimination. On September 5, 2000, Harvey N. Levin was hired as an Illinois Assistant District Attorney, but was then terminated a little under six years later on May 12, 2006. Being that Levin was over the age of sixty, Levin believed this firing was due to his gender and age. To support Levin's point, a female ... Show more content on Helpwriting.net ... This case seemed to be simply put, but it was as if the counsel for the petitioner Michael A. Scodro could not comprehend this completely. In this case, a group of law professors filed an amicus brief, with the argument that jurisdiction was lacking by the Seventh Circuit to decide on the issue at hand. The oral argument began with Scodro, and it seemed as if the entire time the counsel was talking the Justices were bored and somewhat annoyed with even having to hear this argument. There were many instances where Scodro was cut off and it was apparent that the Court was fairly over this case before the argument was even heard. Scodro began the petitioners argument by saying, "Congress has crafted a comprehensive body of administrative and judicial procedures and remedies that are tailored specifically to combatting discrimination against older workers." (OYEZ, Inc., 2013), to which Justice Ruth Bader Ginsburg produced the question, "What authority did the Seventh Circuit have to deal with the question under the Age Discrimination Act?" (OYEZ, Inc., 2013). It was later decided that the Seventh Circuit did not have any authority with the question brought forth. Scodro began to cite cases, but was soon shot down by the Court. Without giving a rundown of the entire oral argument, because it all ended up making the entire case seem ... Get more on HelpWriting.net ...
  • 38. Judicial Selection Process Introduction In the United States, each state has its own rules and laws that govern for the citizens residing in the particular state. Then there are laws that the country has that every United States resident has to follow and abide by. The same goes for those in official roles such as police officers, lawyers, judges etc. In this body of work, the topic of Judicial Selection Process will be examined. The court types, the qualifications that judges need to meet, as well as the election process for the individuals who want to serve as an official for the states discussed. Keywords: judges, elections, official, laws, courts Judicial Selection Process: Florida The judicial selection process in the state of Florida goes as follows:... Show more content on Helpwriting.net ... In Illinois, the courts are comprised of the Appellate Division, the Circuit Court and the Supreme Court. These judges are chosen in a partisan election and in order to retain their position have to go through a nonpartisan election and receive at least 60% of the votes to retain their position. Both Supreme and Appellate Judges serve a ten–year term and Circuit Court Judges serve a six–year term. The Judicial Nominating Commission is not used in the state of Illinois. The qualifications needed to be a judge in the state of Illinois is to be a U.S. Citizen, district resident, and licensed to practice law in the state of Illinois. (Methods of Judicial Selection: Illinois, n.d.) Comparison: Florida v. Illinois In Florida, in order for you to be a judge, you have to have at least 10 years experience as a practicing lawyer in the state for both Supreme and District Judges and at least five years for Circuit Court Judges, you have to be qualified elector, state resident of the county you are running in; as well as agree to the mandatory retirement at the age of 70. Whereas in ... Get more on HelpWriting.net ...
  • 39. Abortion Policy : Aditations And Implications Of House... Illinois Public Act 100–0538, commonly referred to as House Bill 40, was signed into law on September 28, 2017. The Act repeals provisions in existing Illinois laws that aim to make abortion illegal should there be any change to the federal standard. Additionally, the Act lifts a ban on insurance coverage for abortions for low–income individuals enrolled in Medicaid. While enacting House Bill 40 was a win for advocates of reproductive rights in Illinois, the state will still need to comply with federal anti–abortion laws, such as the Hyde Amendment. Background Public Act 100–0538 is most notable for its "trigger repeal," which eliminates language contained in the Illinois Abortion Law of 1975. The eliminated language was designed to ... Show more content on Helpwriting.net ... Some were even forced to carry their unintended pregnancy to term. Because of Public Act 100–0538, abortion access in Illinois will not be determined by an individual's income level. However, while Public Act 100–0538 expands access to abortion in the state of Illinois, it does not preempt federal laws governing the area. The Hyde Amendment is a rider to the Congressional appropriations bill for the Department of Health and Human Services. This piece of legislation was conceived in 1976 by Rep. Henry Hyde, a Republican from Illinois' 6th Congressional District, in response to the 1973 Supreme Court case, Roe v. Wade. In discussing his motivation for the Amendment, Hyde stated "I certainly would like to prevent, if I could legally, anybody having an abortion, a rich woman, a middle–class woman, or a poor woman. Unfortunately, the only vehicle available is the...Medicaid bill." The Hyde Amendment has been reinstated annually, regardless of the dominant Congressional party. The Hyde Amendment prohibits the use of federal funds for abortion procedures. By extension, this prohibits use of Medicaid dollars being used to pay for abortions. Exceptions are made in instances of rape, incest, or when the life of the mother is at stake. No exceptions are made for teen pregnancies, a pregnancy that will cause serious permanent health issues, or when there are financial ... Get more on HelpWriting.net ...
  • 40. Stephen assignment draft Essay MEMORANDUM From: Stephen Haas To: Reader Date: July 8, 2011 Re: Divulging Confidential Information About our client Ener G. Traidor Relevant Facts Our client, Ener G. Traidor ("Traidor"), has retained our firm to assist with his acquisition of an oil drilling company. During the course of the representation, we discovered that Traidor's plans involved drilling in a manner than could produce dangerous results for a nearby town's water supply. We have presented Traidor our concerns about the impact of his drilling, but he has refused to take corrective measures. At this point, our only option to prevent adverse consequences for the nearby town is to disclose our information to the public. Issue Presented The issue in this case is whether,... Show more content on Helpwriting.net ... App. 3d 363, 375 (Ill. App. Ct. 5th Dist. 1990). Moreover, the attorney need not know for certain that the client intends to commit an illegal or fraudulent action. Rather, "[t]here need only be presented a reasonable basis for believing that the objective was fraudulent" for the exception to apply. Decker, at 322. In Balla v. Gambro, Inc., 145 Ill. 2d 492 (Ill. 1991), the Illinois Supreme Court ruled that an attorney was required do whatever was necessary to stop the sale of certain misbranded and/or adulterated dialyzers that were being marketed by his client. Although the attorney had learned this information in the course of representing a client in an attorney–client capacity, the attorney "had no choice but to report to the FDA [the client's] intention to sell or distribute these dialyzers, and consequently protect... public policy." Id. at 502. In In re Marriage of Granger, 197 Ill. App. 3d 363 (Ill. App. Ct. 5th Dist. 1990), the Illinois appellate court required that an attorney reveal information confidentially disclosed to him by a client when the substance of the conversation was the attorney urging the client to commit perjury. The court rules that the privilege was excepted in this case based on the "crime/fraud" exception to the attorney–client privilege. Application to Our Case In our case, Traidor is using our services to carry forth an illegal scheme, since his plans entails polluting a ... Get more on HelpWriting.net ...
  • 41. Binding Vs Persuasive Authority Cases & Problems Assignment–Week 2– 1.1 Binding versus persuasive authority. A county court in Illinois is deciding a case involving an issue that hasneverbeenaddressed before in that state's courts. The Iowa Supreme Court, however, recently decided a case involving avery similar fact pattern. Is the Illinois courtobligated to follow the Iowa Supreme Court's decisionon the issue? If the UnitedStates Supreme Court haddecided a similar case, would that decision be bindingon theIllinoiscourt?Explain. Is the Illinois courtobligated to follow the Iowa Supreme Court's decisionon the issue? No the Illinois court is not obligated to follow the Iowa Supreme Court's decision, because each case is different. Authority from other state ... Get more on HelpWriting.net ...