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Income Withholding Orders Essay
Family law courts in West Virginia, and elsewhere, often issue child support orders for divorcing couples, as well as those who were never married.
The purpose of these orders is to ensure that both parents bear the financial responsibilities of raising their child. The majority of parents follow through
with these court–ordered obligations. Sometimes, however, a parent may fall behind on his or her payments.
There are any number of reasons why a parent may fall behind on his or her child support payments. This includes the loss of a job, a change in
earnings or a willful disregard of the order. Regardless of the reason why a parent has fallen into arrears, there are a number of child support
enforcement options, which may be employed by ... Show more content on Helpwriting.net ...
Through such orders, a parent's employer will withhold a portion of his or her earnings. Those withholdings are then remitted to the state and applied
towards their child support obligations.
If a parent is not working, the BCSE will often contact the parent by phone and send letters to request payment. Should parents still not pay, the BCSE
may ask to have them appear in a court hearing to explain why they are not paying. As a result of such hearings, the court may order parents to
immediately find a job and start paying, award a judgment for the amount of unpaid support or demand a lump sum payment for unpaid support.
License suspensions
Family law courts, as well as the BCSE, could take action against the driver's licenses of parents who fail to pay their child support. Under West
Virginia state law, this may be done if the amount a parent owes is equal to, or greater than, the amount owed for six months. These orders are in
effect until the BCSE files a court order with the state's licensing authority that confirms parents have complied with orders for payment of arrearages
and current child support. In addition to a personal driver's license, parents may also have their commercial driver's licenses, hunting and fishing
permits, and certain types of business licenses suspended or
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Australian Public Service And Code Of Conduct
Learning Problem 1 (620 Words)
Free speech is commonly assumed to be speech unrestricted by regulation, nevertheless legislators may also enact legislation to protect the implicit
right to free speech. This is presented in the International Covenant on Civil and Political Rights article 19 section 1, stating 'everyone shall have the
right to hold opinions without interference.' This may be distinguished in this case as the employee has entered both into an employment contract with
an implied social media agreement, and Commonwealth and State laws which are permitted to transcend this material. This implicit and explicit notion
of free speech transcends into the spectrum of social media, an instrument pertaining a multitude of advantageous ... Show more content on
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The objective of an open court is the right of public of admission for the public. This principle of open justice is reflected in the aforementioned article
14(1) of the ICCPR. This factor of open justice fashions a circumstance in which the media has no greater common law right to attend court than any
other member of the public. It may be noted that special privileges exists for journalist; seating, note–taking and some access to documents. Access to
documents is restricted due to the aforementioned equality of journalists and general public, coinciding with the court not being a public register with
rights to access. The notion of open justice allows our journalists to enter and report on cases, such as the 'Moreton Bay Killer'. Open justice is the key
to accurate and knowledgeable reporting in the public best interest. Nevertheless, situations exist in which an open court may not be available, or even
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In Our Defense. Amendments Essay
In Our Defense The title of this book is In Our Defense. It is written by Ellen Alderman and Caroline Kennedy. This book was copyrighted in 1991
and the First Avon Books edition was published in 1992. The genre is nonfiction, law. This book is about all of our rights as citizens of the United
States of America and cases that prove as to why these rights are so important to us. There are, however, some controversies on the extent of how far
these rights go. The first amendment most importantly protects freedom of speech. Dennis Mahon, a member of the KKK, was trying to exercise his
freedom of speech, through airing a television program called "Race and Reason." The Missouri Knights group chose public cable access to broadcast
because... Show more content on Helpwriting.net ...
Then Pevar, who is Mahons's attorney, filed a suit in the federal district stating that the Klan had been discriminated against by the content of its
speech and also that the access channel was a public forum that the city did not have a right to take away. They said it violated the first amendment
rights of the Klan and the other people who have the right to watch uncensored programs. The city tried to have to suit dismissed by telling them that
they could use other means of reaching out to their audiences other than the television. The Klan did end up winning their case and their show was
restarted, and there rights were protected. In the end the Reverend Cleaver became the mayor and canceled the show anyway. The second amendment
is the right to bear arms. In June of 1981 the trustees of the town of Morton Grove, Illinois voted in favor of a law which prohibited the possession of
handguns in the home. A lawyer and gun owning resident, Victor Quilici filed a lawsuit challenging the law claiming that it violated his Second
Amendment right. The district court ruled that the Second Amendment does not apply to the states, that the right to bear arms is inextricably
connected to the preservation of a militia that state legislatures may regulate or restrict state legislatures, and municipalities may limit private access to
weapons under their power to provide for the public health and safety. The US Court of Appeals affirmed the lower court's decision. The third
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Law
Contempt is generally defined as an act of disobedience to an order of a court, or an act of disrespect of a court. A client's failure to comply with a
restraining order, a visitation order or an injunction in any kind of action may result in a finding of contempt of court, no matter the intention.
The court has the power to punish neglection, violation of duty, or any other misconduct. Also a non–payment of a sum of money, ordered by the court
to be paid can lead to contempt of court. Another type of contempt is whether the contempt charged is civil or criminal in nature. The difference
between civil and criminal contempt is the remedy sought. If the purpose of the contempt order is remedial, such as to ... Show more content on
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Assuming contempt of court is shown, it is punishable with many criminal penalties, such as imprisonment or fines. A fine is readily imposed on either
an individual person or a trade union .
Contempt of court concerning journalistic matters was dealt by the common law until 1981. Newspapers were almost always held for contempt of
court because of what they wrote. The decisions were quite strict due to the fact that they were made by judges. After the Contempt of Court Act of
1981, matters concerning contempt of court were dealt by acts of Parliament. With this act a person can be found liable for contempt of court in two
cases:
1) When a publication made by an individual had caused prejudice or impediment to particular proceedings
2) Proceedings are active.
The court can punish journalists with contempt of court in many ways. One way is for him to show a document, image, video or audio material to the
public, which might interfere with the courts' decision at a trial. Another way in which a journalist can be sentenced to contempt of court is when he
/ she publicises material and information that only the court has the right to know like the decision taken by the jury in the jury room. A journalist can
be held in contempt of court in general if he is interfering with justice.
In order to have a proper trial, judges will have to bear in mind that
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Circuit Court Case Study
In this instant appeal, Mr. Shoemaker asserts that the circuit court erred by imposing an improper purge provision after finding him to be in contempt,
and that the circuit court erred in finding that Mr. Shoemaker would be liable for alimony payments in accordance with the parties' original separation
agreement. We shall address both of these arguments in turn.
I. The Circuit Court Did Not Craft an Improper Purge Provision in Its Contempt Order.The scope of our review of a trial court's contempt finding is as
follows:
(a) Scope of review. –Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudge
him in contempt of court, including an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action.
Md. Code (2006, 2013 Repl. Vol., 2015 Suppl.) В§ 12–304(a) of the Courts and Judicial Proceedings Article ("CJP"). ... Show more content on
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Dept. of Human Res.], 402 Md. [79,] 101, 935 A.2d 432 [(2007)] (citing Jones, [supra,] 351 Md. at 282, 718 A.2d 222). Any purge must be within
the present ability of the defendant to perform at the time of sentencing. Arrington, [supra,] 402 Md. at 101, 935 A.2d 432; Bryant [v. Howard
Cnty. Dept. of Soc. Serv. Ex rel. Costley], 387 Md. [30,] 48, 874 A.2d 457 [(2005)]; Jones, [supra,] 351 Md. at 275, 718 A.2d 222. The reason for
the rule lies in the coercive, as opposed to punitive, nature of sanctions in a civil contempt proceeding. Jones, [supra,] 351 Md. at 281, 718 A.2d 222
("If a defendant is unable to pay a purge provision, no amount of time in prison will induce compliance."). Therefore, if the sanction is incarceration
and the purge is the payment of
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Biography Of Donald J. Trump
On Friday, August 25, Donald J. Trump issued his first pardon as president on Arizona sheriff Joe Arpaio for defying a federal court order. Joseph
Michael Arpaio was born in June 14, 1932, and is still a former law enforcer in the state of Arizona. He is known for his stances on illegal immigration
and leading an investigation on the validity of Barack Obama's birth certificate. He has been accused of abusing power, misuse of funding, failure in
researching on sexual crimes, unlawful enforcement on illegal immigration, election law violations, and racial profiling (especially targeting Hispanics).
Not only has he committed different types of police misconduct, but he has been sued for many civil rights lawsuits, and even the U.S. ... Show more
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This whole federal case began by a lawsuit filled by a Mexican man with a valid tourist visa in Maricopa County. After stopping the man, Joe Arpaio
wrongfully gave the man a nine–hour detention, the man sued him, claiming racial profiling from deputies, later involving all Latino motorists in the
county. After four years of court cases and hearings, a judge in Phoenix ordered him to stop detaining anyone, even based on suspicion. "... States do
not have the inherent authority to enforce the civil provisions of federal immigration law," declared the judge.
Five years later, since December of 2011, two federal judges have found Joseph guilty of not following and abiding to the injunction, still having
misbehavior in police conduct. U.S. District Judge G. Murray stated that he was saying false statements of his department, and that Arpaio and his
chief deputy , "have a history of obfuscation and subversion of this Court's orders that is as old as this case and did not stop after they themselves
became the subjects of civil contempt." The judge understood based on his mannerisms that he had no desire to declare the truth or comply with
answering the asked questions. So the judge decided to charge Joe Arpaio of criminal contempt of court, with a possible sentence of six moths in the
county jail.Five years later, since December of 2011, two federal judges have found
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Shoemaker Case Summary
On July 23, 2013, appellant, Jason Shoemaker ("Mr. Shoemaker") was awarded an absolute divorce from appellee, Fallon Shoemaker ("Ms.
Shoemaker"). The trial judge incorporated a voluntary separation and property settlement agreement signed by both parties into the judgment of
absolute divorce. Thereafter, on May 6, 2014, the parties modified their separation agreement by executing and filing a consent order with the circuit
court. On July 17, 2014, Ms. Shoemaker filed a petition for contempt alleging that Mr. Shoemaker breached the consent order. On September 24, 2014,
the Circuit Court for Frederick County held a hearing where it determined that Mr. Shoemaker was in contempt of the consent order, and that Mr.
Shoemaker had not shown that... Show more content on Helpwriting.net ...
Shoemaker] shall pay to [Ms. Shoemaker], alimony in an amount of Four Thousand Five Hundred Dollars ($4,500.00) per month for Year One (first
12 months), Five Thousand Dollars ($5,000.00) per month for Years Two through Five (second 48 months), and Four Thousand Five Hundred
Dollars ($4,500.00) per month for Years Six through Sixteen (final 120 months), for her support, on the first day of each month starting on the first
day of August, 2012, for so long as the parties live separate and apart and until the first to occur of any of the following events: (a) death of either
party, (b) that date which is sixteen (16) years from the date of this Agreement, or (c) [Ms. Shoemaker] remarries.Thereafter, a series of disputes arose
between the parties as to the others' performance under the terms of the separation agreement. Mr. Shoemaker alleged that the separation agreement
was induced by fraud because at the time of the agreement Ms. Shoemaker had acquired a significant other whom she intended to sustain with Mr.
Shomaker's alimony payments. Ms. Shoemaker, for her part, alleged that Mr. Shoemaker was in violation of the custody and visitation terms of the
agreement that required Mr. Shoemaker to abstain from illicit drug use. Ms. Shoemaker further alleged that Mr. Shoemaker was in default of his child
support and alimony payments under the separation
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State V. Lee Case Analysis
In all criminal cases, Defendants have the right to Due Process of law and essentially has the right to waive their presence during their trial. In Kathy
Robert's case she was bound and gagged but not removed from the court entirely. In State v. Lee, Lee was first removed from the court after several
interruptions before being handcuffed and gagged. There are three constitutionally acceptable ways to approach a disruptive defendant. However;
Binding and gagging should be the last resort for the judge. First, the judge should cite the defendant for contempt of court if continued interruptions
occur. If the defendant remains disrespectful and disruptive they lose their right to be present at the trial and the judge may remove them from the court
until they can control themselves such as the judge did in State v. Lee. After both actions have been dealt and the defendant is belligerent then the
judge may bind and gag... Show more content on Helpwriting.net ...
For a judge to cite the defendant for contempt, they will get fined and possible jail time if found guilty regardless of crime. It also gives the defendant
several warnings to remain silent without restraint or forced out of the courtroom. Finally, citing the defendant for contempt doesn't cause the defendant
to lose their right to freedom of speech or presence during their own criminal trial. The cons of the binding and gagging of the defendant would bring
up the argument of an "unfair trial." If not warned about the punishments of the defendant's interruptions, the defendant seems to have no choice but
look at it as prejudicial and a one–sided trial. I think the best approach would be to cite the defendant for contempt because as a judge I would want the
defendant to still have his or her constitutional rights. And if the proceedings cannot continue without disruptive behavior even after being warned
several times, then I would take the necessary steps I discussed in previous
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The Case With The Non Custodial Parent ( Ncp )
Lee County DHR's testimony revealed that the case with the non–custodial parent (NCP), Mr. Harley, begin back in 1992 when the custodial
parent(CP), Wanda Marshall, applied for services to establish a paternity order, income withholding (IWO), and medical. An order was establish and
the NCP was paying. On July 9, 2008, the CP requested enforcement; DHR took legal action and filed contempt against the NCP because he had not
made a payment since April 2008. The NCP appeared in court and paid $400.00; the court dismissed the review because an IWO had been mailed and
payments was been received through the IWO. On November 5, 2010, a contempt action was filed again, due to the NCP not paying since August
2010. On January 5, 2011, the NCP ... Show more content on Helpwriting.net ...
The NCP has been mailing his payments to the payment center and the payments have been posting; DHR has been receiving $191.92 each month,
which is being disbursed to the CP.
Russell County DHR representative's testimony revealed that on July 14, 2003, the case with the CP, Juanita James, and the NCP was
established. The NCP was ordered to pay child support of $190.10 per month. At the time the case opened, the parties were married, and the NCP
was ordered to pay the amount of child support as stated in the divorce decree. The court incorporated and adopted the child support order into the
divorce decree order. The NPC was already paying child support on those cases. In 2007, the CP applied for services, the case opened and was
referred to the District Attorney's office. Once the case was referred, the arrears were set on the case at the time of enforcement. The CP stated there
were no direct payments received. All payments that were received through the payment center were calculated and received along with entering the
Affidavit of No Direct Payments. The representative stated based on those facts, the interest was calculated on the child support amount in the order.
The NCP was ordered to pay $190.10 per month beginning June 20, 2003 and an additional $25.00 per month toward retro support; the current arrears
owed are $24,635.30. In April
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The Importance Of Hate Speech
In scenario number one, the main controversy up for debate is the topic of hate speech and whether it is protected under the First Amendment.
Additionally, another question to address is whether individuals who may espouse hate speech are protected by the First Amendment to peacefully
assemble in the public sphere. Prior to addressing these issues, it is important to understand the case law surrounding hate speech and the government's
capacity to regulate speech. One method is prior restraint, which specifies that the "government may prosecute individuals who violate legitimate
restrictions on expression but, absent extraordinary circumstances, may not intervene before the fact". There are many classes of speech, and some are
protected more than others. The most protected classification is political speech, because it is presumed to be the most consistent with the framers
intentions, and therefore requires the Court to apply strict scrutiny in censorship cases. To pass the test of strict scrutiny the government must prove that
its regulation serves a compelling government interest. Therefore in order to censor political speech, the government must prove that it will cause
irreparable harm to the safety of the country and/or the citizens. Furthermore, if the speech is occurring in a public forum, such as a street, sidewalk, or
park, the Court must apply strict scrutiny as well. Abrams v. United States was one of the first and more consequential cases on the protections
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Malloy V. Mallay Case Study
William Malloy was arrested during a gambling raid in 1959 by Hartford police. Malloy pleaded guilty to the crime of pool selling, a misdemeanor,
and was sentenced to one year in jail and a 500$ dollar fine. About sixteen months after Mallory was petition to testify before a magistrate appointed by
the Superior Court of Hartford County to conduct an inquiry into alleged gambling and other criminal activities in the county. Malloy was asked
numerous of question related to events surrounding his arrest and conviction. Malloy refused to answer any questions stated " on the grounds it may
tend to incriminate me". The Superior Court held Malloy in contempt, and committed to prison until was willing to answer the questions. As a result,
Malloy applied
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The Law Of Contempt Of Court
Contempt of court is 'any words spoken or written, or any conduct which might impede the working of the court, or which could create a disregard of
the authority of our justice system.' (Samson, 2014). The two most common types of contempt of court are sub judice rule and the failure to obey a
court order. Most of the law of contempt in New Zealand is common law, however, parts of it that deal with the conduct in court and specific offenses
that relate to the administration such as perjury, are considered as statutes.
Sub judice rule is designed to avoid unfair prejudice to the parties to prevent trial by news media, and to preserve the judicial authority of the courts. It
is this rule which had created the most controversy over whether it is high time that the contempt of court is reformed to fit the 'Internet Age' we live in
today. The outdated language and concepts only reiterates that the law was developed prior to the 'Internet Age' and the enactment of the New Zealand
Bill of Rights Act 1990 (s 25).
Smith and Dean state that 'publication contempt includes any publications that interfere with the conduct of particular legal proceedings and
publications that undermine the judiciary through scurrilous abuse, or by allegations of bias and partiality' (2011). 'Scandalising the court' is a
contempt issue that addresses and describes publications that tend to undermine the judicial system (NZLC IP36). In this essay, both 'publication
contempt' and 'scandalising the court'
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Who Is Giles Corey In The Crucible
In the Crucible there is someone in the town of Salem who was asked to implicate the people involved in a crime. That man is Giles Corey, who had
stated that a man told him that Thomas Putnam told his daughter, Ruth, to blame the neighbors for witchcraft. The reason behind this action that
Putnam took was to gain more land. When he approached the court Dansforth immediately took interest however, he also wanted to know that name
of the witness. Corey knew that the witness would be arrested and would be jailed. So he would not budge he kept on refusing to give the name even
after the threats made to him. Eventually, Corey was arrested for contempt in court all because he would not give the name of the witness. In
conclusion, Giles Corey was
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Essay On Presidential Pardon Power
The Presidential Pardon Power and its Limits The power to pardon is not the most discussed power of the President of the United States. However,
there have been some controversial cases that sparked the debate about limiting this power. This paper deals with the origins of this constitutional
clause, its limits and interpretations by the Supreme Court of the United States. I would like to mention some controversial cases and connected
debate about limiting this power. Origins of the Presidential Pardon The roots of the pardon can be traced far back in the history. There are
references to similar power in Mosaic Law, Greek Law and Roman Law. However, the U.S. constitutional clause originated in the English law. The
law was applied in the colonies and the colonial governors held similarly broad pardon powers as the Kings. Except a simple pardon, they could also
grant conditional pardon to any offender. The original plans for the Constitution did not contain a power of pardon. However, the main proponents of
pardoning power Charles Pinckney, Alexander Hamilton, and John Rutledge managed to push through the inclusion of this clause. After a debate about
this power during the Constitutional Convention, the presidential pardon clause was added into the Constitution as one of the enumerated powers of
the President of the United States. It can be found in the Article II of the Constitution. It says: "The President ... shall have Power to grant Reprieves
and Pardons for
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Violation Of Court
When one parent does not follow a court order that has been established, civil contempt of court is a remedy that the parties can seek from the court.
While it is highly recommended that the parties try to resolve such matters informally prior to seeking relief from the court, contempt is available
when those efforts fail and there has been a willful violation of a court order.
Once a court order is in place, whether it relates to custody, visitation, or support, both parents have to follow it. If one parent doesn't follow the order,
the other parent can file a contempt action and ask the court to enforce the existing order. This is the case even if the parent thinks that he or she has
a good reason for not complying with the order. For instance, if you don't think it would be in the best interest of your child to visit with his or her
other parent, so you don't follow the court–ordered visitation plan, you could be held in contempt of court. If you don't think the existing visitation
order is good for your child, then you need to file an action with the court to modify the order. Not following the order can lead to serious consequences,
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The court will order the party who is allegedly not complying with the court order to appear in court and defend his or her position. The only defenses
available are that the party did not violate the court order as alleged, or that the violation of the order was not willful, and in some circumstances that
obeying the order would endanger the child due to circumstances that have changed. Typically, contempt proceedings occur much more quickly than
divorce or other types of family law hearings, since they focus on only a few relatively straightforward issues. The focus in a contempt hearing is
whether a party violated the court order and what the court should do about
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Analysis Of The Attorney Consumer Assistance Program Essay
On September 28, 2015, Elizabeth Knowles contacted the Attorney Consumer Assistance Program regarding Allan L. Knowles, Esq. Elizabeth's
complaint was forwarded to Assistant Bar Counsel Stacey Best on October 21, 2015, after Allan Knowles was found in contempt in relation to an
ongoing divorce probate matter. Allan Knowles was sentenced to 45 days in Barnstable County House of Corrections, or until a contempt
payment of $10,000 was paid. FACTS On July 10, 1997, a Judgment of Divorce Nisi was granted to Allan and Elizabeth Knowles, due to an
irretrievable breakdown of the marriage. Elizabeth later filed a Complaint for Contempt on June 6, 2014, due to Allan's failure to pay child
support (arrearage $65,000), health insurance premiums ($137,000) for their son, college expenses ($90,000), and medical bills ($12,750). After
several delays a hearing regarding the Complaint for Contempt occurred on October 5, 2015; Judge Sabaitis determined that Allan was in
contempt and had the ability to pay the child support arrearage as well as the cost of the other expenses. Sabaitis ordered that Allan pay $1,000 a
month (applied against the arrearage), $7,500 in attorney fees, and a $70 for service of process. In addition to paying the costs, Sabaitis also ordered
that Allan be committed to jail for 45 days, or until "he shall purge himself of said contempt by payment of $10,000." Allan was taken into custody on
October 5, 2015, and Elizabeth believes his family posted the $10,000 on
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Sub-Judice Corrupt Research Paper
Sub judice contempt, theoretically, is a noble, necessary law, designed to protect citizens' intrinsic democratic right to a fair, unprejudiced trial.
Nevertheless, the ambiguity and erratic applications of this law have broader detrimental effects. This is because the law, by definition, conflicts with
another fundamental democratic principle: freedom of speech. Balancing these core ideals, while pleasing stakeholders and operating ethically and
legally, is difficult, leading to divergent rulings, and thereby causing uncertainty for journalists and professional communicators about what can be
published. This essay will address this anomaly, arguing that sub judice rulings in Australia must strive for greater clarity and consistency, as current
...
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Robinson (2001, p.261), clarifies that, "in cases where the public interest in the administration of justice conflicts with the public interest in freedom of
speech, Australian courts have traditionally favoured the former." However, rulings such as these risk journalists' not publishing legally legitimate
information, as they are unsure if it will be viewed as contempt, and are unwilling to take the risk, thus inadvertently, and unjustifiably, impinging upon
free speech (Bowley 2005) (Aniano 2005). This is a significant and contentious point, highlighting the conundrum. Bowley (2006, p.15), illustrates this,
discussing the balance between free speech and an unprejudiced trial, "Striking a balance between these two interests is a difficult task, which in
Australia, has been addressed by the common law over time. While a number of decisions have considered how the balance should be maintained, no
authoritative guidance has yet been developed in Australia, with considerable uncertainty still surrounding the questions of when a publication will
offend the sub judice rule." Bowley (2006, p.15) expands, believing that elucidation of sub judice contempt would benefit all major stakeholders, and
ultimately "avoid costly and time–consuming litigation, and at the same time, allow the media to publish and broadcast with greater confidence and
without fear of being found to be in contempt of court." Lorne and Valerie (2013, p.537), strongly emphasise this point, believing, "not only that we
lack a clear understanding of this [sub judice] rule, but also that because of this, it is used selectively, incoherently, and instrumentally. As a result, the
accountability of government, the integrity of adjudicative processes, and the effectiveness of the media all may be jeopardised." Clearly, balancing
free speech and the right to a fair trial is a difficult
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Court Case Of Miami-Dade Water V. Metro
B.A final order is reached as to a particular party when there is nothing left for the court to do to resolve the substantive controversy as to that party.
This Court has previously held that "[i]n determining the finality of an order, judgment, or decree, the test employed by the appellate court is whether
the order appealed constitutes an end to the judicial labor in the trial court, and nothing further remains to be done to terminate the dispute between the
parties directly affected." Miami–Dade Water & Sewer Auth. v. Metro. Dade Cty., 469 So. 2d 813, 814 (Fla. 3d DCA 1985); see also Almacenes El
Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559, 561 (Fla. 3d DCA 2015) (stating that for the purposes of appellate review, an order of the circuit
court is final if it ends all judicial labor in the case.) ... Show more content on Helpwriting.net ...
Therefore, this is a final order and it was proper for the father to file his Notice of Appeal within 30 days from March, 16, 2016. The father entered the
Notice of Appeal on March 26, 2016, ten (10) days after. Consequently, this Court has jurisdiction to heard this case, which was filed in a timely
manner.
II.THE THE APPELLANT'S STATEMENT OF THE CASE, STATEMENT OF FACTS, AND ARGUMENTS NUMBERED IV
–VI ARE BACKED
BY EVIDENCE CONTAINED ON THE RECORD. EVEN SOME OF THIS EVIDENCE WERE PROVIDED BY OPPOSING
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Freedom Of Expression Contained Within The European...
An essential role of a journalist is to act as a 'public watchdog' and the media enjoys freedoms and protection in pursuit of this objective. Court
reporting is fundamental to the principle of open justice that 'not only must justice be done; it must also be seen to be done.' This common aim of
media and the courts is met with some restrictions, of which contempt of court is most serious. For journalists, contempt can generally arise where
an article prejudices a person's right to a fair trial. It is mostly covered by the Contempt of Court Act 1981, hereafter referred to as 'The Act', which
was brought in to force in an attempt to strike a fair balance between the Article 6 right to a fair trial and Article 10 freedom of expression contained
within the European Convention of Human Rights. It encourages responsible reporting while discouraging outside interference with justice. Scottish
courts are viewed as comparatively harsh on contempt, but it is important for them to remain realistic. It is rare that a trial will be deserted on the
basis of contempt of court, as courts are disinclined to allow appalling crimes to go unpunished due to inevitable publicity regarding them. In Cox &
Griffiths, Petitioners Lord Prosser stated that 'juries are healthy bodies. They do not need a germ–free atmosphere'. Contempt of court comes in
numerous forms such as disobedience of a court order, unauthorised recording of court proceedings or 'murmuring judges'. Where journalists
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The law of Contempt
"Many laws exist in Britain restraining the media. In 1992, the White Paper, Open Government, identified 251 laws outlawing information disclosure.
Two years later the Guild of Editors listed 46 directly relating to journalists. The laws of libel, contempt, defamation, obscenity and 'gagging'
injunctions to stop alleged breaches of confidence all act as restraints on the media." (Keeble, Richard/ Ethics for Journalists)
The law of contempt can often be criticized by the media and has previously been branded as unfair on the careers of many journalists. Article 10 gives
anyone the right to freedom of expression, which includes the right to hold opinions, and to receive and impart information without state interference.
This includes the right to communicate and to express oneself in any way, whether this be through words, pictures, images or actions – including
through public protest and demonstrations. The right to freedom of expression could not be more crucial than in a democracy; information and ideas
help to inform the public and are essential in doing so. Having said this, contempt of court laws in Scotland are in place to ensure that every person
standing for trial has the right to a fair trial, and will receive this.
Contempt law is now largely governed by the Contempt of Court Act 1981. The Act was passed as a result of several UK defeats before the European
Court of Human Rights and its aim was to make the law clearer and more liberal. The Act was also designed in
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Giles Corey Quotes From The Crucible
Character Personality Traits "I will not give you no name." This quote was said by Giles Corey in The Crucible. He said this when Judge
Hathorne asked for a name that Giles promised not to say in court. This caused Giles to be arrested and ultimately killed. Giles Corey and I share
some of the same traits such as being cunning, being sarcastic, and being loyal. Giles Corey and I are both cunning. Giles Corey is cunning by
knowing the court system. He shows this when Danforth tries to accuse Giles of contempt of court but Giles says, "This is a hearing; you cannot clap
me for the contempt of a hearing," which shows Giles' knowledge in the court system. I'm cunning by thinking of ideas thoroughly and quickly. I'm
able to think of a plan quick
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Justice, Public Interest And Open Justice
Contempt of court implies to the courts ' ability to punish individuals that might interfere with the course of justice and the court system. Criminal
proceedings are acknowledged as being active through the 1981 act when an individual has been arrested without warrant; the grant of a warrant for
arrest; the grant of a warrant to cite; or service of an indictment or other document specifying the charge. A Criminal proceeding will cease to be active
when a verdict, sentence has been reached. Inference with the court system can take many forms, therefore there are grave contempt's which could
result in imprisonment of the editor or journalist. The essence of contempt ensures that an individual gets a fair trial; a part of the of the Human... Show
more content on Helpwriting.net ...
There two forms of contempt of court; Common law which focuses on actions which might interfere with the course of justice. Strict liability, which
forbids any material which could create a substantial risk against the course of justice that, would cause serious impeded or prejudiced to be
published. This was the issue in the case of Chris Jefferies. Jefferies was arrested by police pending the investigation of the murder of Joanna Yeates,
he was her landlord. The Sun and Mirror subjected Chris Jeffries to a number character–assassinating and printed several front page headlines which
suggested that Jefferies was guilty while the investigation continued such as 'Could this man hold the key to Joanna's murder?. The defamatory
articles strongly suggested that there was good reason to suspect that Mr Jefferies had murdered Joanna Yeates. Two days after Mr Jefferies was
arrested, he was released and police confirmed he was no longer a suspect. Joanna 's neighbor, Vincent Tabak was found guilty of her murder and
sentenced to life imprisonment. By this time Mr Jefferies photograph had been splashed on the front page of several papers making him instantly
recognizable. The newspapers lost because they had wrongly published untrue and harmful articles about Jefferies while he was in custody and
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The Fourteenth Amendment 's Due Process Clause Bars...
Judge Simon Skinner and Judge Leslie Tiller are judges on the U.S. Court of Appeals for the Eighth Circuit and the U.S. District Court for the District
of Minnesota, respectively. Each judge has an involved history with Minnesota's governor, Joyce Cooper. In this paper, I address whether the
Fourteenth Amendment's Due Process Clause bars Skinner and Tiller from hearing two unique cases to which Cooper is a party. I conclude that, for
both judges in both cases, it does not.
***
I begin with the relationship between Judge Skinner and Governor Cooper, who are related in two ways, one significant and the other less so. First, and
less significantly, Cooper taught Skinner construction law at Minnesota's flagship law school. Skinner would later own a construction company of his
own, NWA Construction. Upon his confirmation to the 8th Circuit, Skinner sold the company, in its entirety, to his son.
More significantly, Cooper, then serving as chair of the Senate Judiciary Committee, actively lobbied to confirm Skinner to the 8th Circuit after his
nomination. Cooper contacted all other members of the Senate, promising them gratitude and a "yay" vote on a future federal judge nominee for a
"yay" vote on Skinner's confirmation. Cooper even targeted 51 other Senators, for whom she held fundraisers that raised $58,000 per Senator. These
fundraisers occurred immediately before the Senate's vote on Skinner's confirmation, and all 51 Senators for whom Cooper fundraised–and Cooper
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Definition Of Contempt Of Court
Introduction Contempt of Court can be defined as any act which derogates the dignity and authority of Courts amounts to contempt. It can
alternatively defined as 'any act done or writing published calculated to bring a Court or a judge of the Court into contempt , or to lower his authority
is a contempt of Court. Further, any act done or writing published calculated to obstruct or interfere with due course of justice or the lawful processes
of the court is a Contempt of Court. ' "Contempt of Court" is a generic term descriptive of conduct in relation to particular proceedings in a court of law
which tends to undermine that system or to inhibit citizens from availing themselves of it for the settlement of their disputes. Contempt of Court thus
may take many forms. But most commonly categorized types are Civil Contempt and Criminal Contempt. There are various laws and provisions in
India governing Contempt of Courts cases. Their positions as under various subheads are: 1. Constitution of India In the Indian Constitution Article 129
declares Supreme Court to be a court of record and entrusts it with the power to punish for contempt of itself. Article 215 of Indian Constitution entrusts
High Courts with such powers to punish for its contempt. There are provisions regarding power of higher judiciary to punish subordinate courts and
judicial authorities for its contempt. Article 141 of Indian Constitution declares that laws declared by Supreme Court shall be binding on all
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Trial By Media And The Denial Of A Fair Trial
Introduction
Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a
person's reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law. Its first inception was the phrase
Trial by Television which found light in the response to the 3 February, 1967 television broadcast of The Frost Programme, host David Frost. The
confrontation and Frost's personal adversarial line of questioning of insurance fraudster Emil Savundra led to concern from ITV executives that it might
affect Savundra's right to a fair trial.
During high–publicity court cases, the media are often accused of provoking an atmosphere ... Show more content on Helpwriting.net ...
Laudable as it may be, this media activism is also disquieting, and not just because it might partially be fuelled by a competitive rush to attract larger
audiences. Even when well intentioned, recent coverage of sexual violence has tended to degenerate rapidly into a series of trials by media, with the
media arrogating to itself and the public the powers of both judge and jury. As a consequence, the media has chipped away at the already precarious
agency of assault victims, and also undermined the possibility of justice being
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The Issue Of Offshore Jurisdictions
Introduction
At first glance, the legislation in offshore jurisdictions makes the repatriation of assets seemingly impossible, providing the impossibility defence for
debtors unwilling to relinquish assets owed to creditors. Offshore jurisdictions may use clever tactics such as duress and flight clauses to make
repatriation of the assets in protection trusts difficult, but onshore jurisdictions are not to be fooled; the court will either declare the trust a sham, void
the transaction, threaten professional negligence against the attorney or hold the settlor in contempt until compliance. As long as the debtor is
physically residing in the onshore jurisdiction and subject to the laws of that nation, the court can effectively through coercive means attempt to
repatriate the assets from the trust.
Sham Trusts
In Snook v London and West Riding Investments Ltd [1967] 2 QB 786, 802, Lord Diplock defined sham as, 'acts done or documents executed by the
parties to the "sham" which are intended by them to give to third parties or to the court the appearance of creating between the parties legal rights and
obligations different from the actual legal rights and obligations (if any) which the parties intend to create. But one thing, I think, is clear in legal
principle, morality and the authorities ... that for acts or documents to be a "sham" with whatever legal consequences follow from this, all the parties
thereto must have a common intention that the acts or documents are not
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Separation V. Shoemaker's Obligation
Mr. Shoemaker further contends that the circuit court erred when it found that Mr. Shoemaker's default: has resurrected Plaintiff's alimony obligation
per the parties'[] original Separation Agreement, which was incorporated but not merged into the July 23, 2013 Judgment of Absolute Divorce, and
Plaintiff's alimony obligation shall therefore re–commence on June 1, 2015 for the balance of the alimony term per Section 7 of the August 29, 2012
Separation Agreement.Pursuant to Md. Rule 15–207(e)(4), when a court makes a finding of constructive civil contempt, the court must issue an order
articulating the amount of arrearage, any sanction imposed for the contempt, and a means for the condemner to purge the contempt. Notably, these
three elements must necessarily be included in an order of a contempt, but the text of the Maryland Rule does not limit a contempt order exclusively to
these elements. In the present action, the trial judge found Mr. Shoemaker in default of his obligation in the amount of $52,000.00. This finding satisfies
the trial judge's obligation under Md. Rule 15–207(e)(4)(A). The trial judge, however, continued to render an opinion of the legal relationship of the
parties going forward under the consent order. Mr. Shoemaker asserts that the trial judge's interpretation of the consent order going forward was
erroneous ... Show more content on Helpwriting.net ...
Shoemaker's freedom on his continued performance under the consent order. Rather, the court's interpretation of the parties' obligations under the
consent order was merely an utterance that was superfluous to the question before it. Indeed, all Mr. Shoemaker needs to do in order to purge himself
of the contempt is to tender $12,000.00. Accordingly, the portion of the order purporting to interpret Mr. Shoemaker's obligation going forward did not
constitute an improper purge provision under Md. Rule
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Questions On The Criminal Justice System
INTRODUCTION
1. In this paper I am going to consider the particular challenges that the internet, and its associated 'thundering tyde' of information, misinformation, and
comment available to anyone with access to a computer, has posed to the administration of justice.
2. The criminal justice system has traditionally sought to protect jurors from exposure to prejudicial material, and the law of contempt has played a key
part in this endeavour. The law places restrictions on the publication of potentially prejudicial material through the strict liability rule. And, addressing
the problem from the other end, judicial directions are routinely given to juries, and these are designed to limit the risk of them being exposed to such
material.
3. The current law of contempt was developed in an age which had not anticipated the information and communication revolution that we are now
living through. Material that is prejudicial to criminal proceedings may now be disseminated with extraordinary speed and to a potentially unlimited
audience; indeed such material may have been reposing on the internet long before even the crime leading to those proceedings has been committed, but
remains accessible to anyone caring to look for it.
4. Many have been bowled over by this gathering torrent of words. The columnist Matthew Parris, considering his position on the board of free speech
organisation Index on Censorship, recently wrote in The Spectator:
"... we gave a considered submission
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The Controversy Of The Confederate Flag Essay
Thompson 1
Flag Desecration
Matthew Thompson
Ponce de Leon High School
College Prep English
Terri Carroll
December 18, 2016
Thompson 1
Outline: Flag Desecration
Thesis: The controversy of the showing of the confederate flag is something huge. I. Flag Background A. Desecration Labeled Misdemeanor B.
Illegal Specifics C. Permit Burning II. State Codes A. Individual State Laws B. Elements of the Flag C. Supreme Court Validation III. Bylaw for Flags
A. Broke Down Specifications B. Detailed Rules
Thompson 2
The controversy of the showing of the confederate flag is something huge. You have the bunch that does not like the flag, and then there is the group
of individuals the support and fly the flag with pride. There are five states that have laws, in their own state, that state it is illegal to burn or deface the
confederate flag. On surface, these state laws would seem to conflict the 5–4 decision made by the Supreme Court in Texas v. Johnson. The
controversial case in 1989 that held up the burning the flag as an act of protected free speech. (As it is stated under the First Amendment.)
?If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because
society finds the idea itself offensive or disagreeable,? said Justice William Brennen in his majority opinion. ?We have not recognized an exception to
this
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How Law Can Be Termed As A Social Phenomenon Essay
Law can be termed as a social phenomenon. It is a social function, an expression of human society concerning the external relations of its individual
members. Law depends on its acceptance by the society; in fact, it is made through the "general will" of the society. Society can never be static; it
remains dynamic through economic, scientific and technological developments. Therefore, the Law must evolve and adapt to the changing
requirements of the society. Sir David Maxwell Fyte observed: The law is not to be compared to a venerable antique to be taken down, dusted,
admired and put back on the shelf; rather it is like an old, but still vigorous tree–family rooted in the history but still putting out new shoots taking new
grafts and from time to time dropping dead wood. That process has been going on, is going on now and will continue. The two most essential functions
of the State are War and Administration of Justice among others. Administration of Justice implies the maintenance of peace and order within the
political society of the State. Today, a civilised society lives at a stage where pubic justice prevails rather than private justice. (Create link between
administration of justice and rule of law) Rule of Law......... Object of the Law of Contempt Under "the Statement of Objects and Reasons" of Contempt
of Courts Act, 1971, it has been 'made clear that the law relating to contempt of courts is uncertain, undefined and unsatisfactory in the country. While
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The Pros And Cons Of Committal For Civil Contemnors
An Injunction; An injunction is an order of the court that directs a person to do something or to refrain from doing something / eg. Trespassing
wherein a trespasser does not have the assets to meet a damages award. It will prevent some future actions (quiatimet) Committal for contempt is
primarily coercive its object being to ensure that Court orders are complied with. However in cases of serious misconduct the Court has jurisdiction to
punish the contemnor. An injunction in this case will prevent the protestors from obstructing the workers. When exercising its powers for coercive
purposes the jurisdiction to imprison for an indefinite period for civil contempt is one to be exercised sparingly. If there is any other means whereby
compliance... Show more content on Helpwriting.net ...
If the protestors continue to engage in their destructive behaviour they are many consequences that may occur. Any one of the following
consequences may be enforced on the protestors depending on the extent of their destructive actions. The protestors may have to pay a fine which
is already set out in the Statute, the fine is revised every now and again. Failure to pay this fine after a certain period of time can lead to a more
serious consequence such as imprisonment. On spot fines can also be a consequence and no prosecution will occur if they are paid. Imprisonment
can be a consequence, a sentence can be implied by the court but the actual length of the sentence is chosen by the government. A sentence will tend
to be a short one in cases like this, long sentences will only be enforced when a very serious offence has been committed. The minister for justice can
remit sentences and give prisoners temporary release if they have been on good
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Child Support Research Paper
How do you Enforce a Child Support Order in Texas? Have you considered hiring a child support attorney? It's easy and cost–effective to hire an
enforcement attorney for your child support needs. You have a court order including provisions establishing child support, however, the parent
required to pay child support has fallen behind on payments or has stopped paying altogether. You may need to go back to court for help enforcing
the child support order. Remedies In Texas, if you the obligee (person entitled to receive child support payments) are owed child support you can ask
the court to help you collect the past–due support. The court can order several remedies against the obligor (person ordered to pay child support) to
help you collect... Show more content on Helpwriting.net ...
The documents will be served on the obligor by either a private process server or constable. Hearing The summons will state when the hearing will
be held. It is at this hearing that obligee will have the opportunity to prove whether the obligor failed to follow the court order. A judge will have
several choices in a motion for enforcement case. Oftentimes, the judge may fine and/or jail the delinquent parent for contempt of court. The judge
may even require that the delinquent parent pays a portion of the outstanding amount prior to being released from jail. Final Closing A party can file a
motion for enforcement without an attorney however, it is not recommended if you do not have experience filing and representing yourself in motion
fro enforcement. If you fail to present, the enforcement in the correct manner then you risk having your case dismissed. How can a Child Support
Attorneys with the Brandy Austin Law Firm Help You? If you or your child's parent is behind on child support, call the Brandy Austin Law Firm and
let us fight for your rights. We can help you through the entire process. Call today for a free consultation at (817
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Trial by Media
Chapter I Introductory The subject of 'Trial by Media' is discussed by civil rights activists, Constitutional lawyers, judges and academics almost every
day in recent times. With the coming into being of the television and cable–channels, the amount of publicity which any crime or suspect or accused
gets in the media has reached alarming proportions. Innocents may be condemned for no reason or those who are guilty may not get a fair trial or
may get a higher sentence after trial than they deserved. There appears to be very little restraint in the media in so far as the administration of criminal
justice is concerned. We are aware that in a democratic country like ours, freedom of expression is an important right but such aright is not... Show more
content on Helpwriting.net ...
Zee Telefilms (IA 8185/2003 in Suit No. 1543/2003 dated 24.1.2005) aptly describe the state of affairs of today's media. He says that journalism
and ethics stand apart. While journalists are distinctive facilitators for the democratic process to function without hindrance the media has to follow
the virtues of 'accuracy, honesty, truth, objectivity, fairness, balanced reporting, respect or autonomy of ordinary people'. These are all part of the
democratic process. But practical considerations, namely, pursuit of successful career, promotion to be obtained, compulsion of meeting deadlines
and satisfying Media Managers by meeting growth targets, are recognized as factors for the 'temptation to print trivial stories salaciously
presented'. In the temptation to sell stories, what is presented is what 'public is interested in' rather than 'what is in public interest'. Suspects and
accused apart, even victims and witnesses suffer from excessive publicity and invasion of their privacy rights. Police are presented in poor light by
the media and their morale too suffers. The day after the report of crime is published; media says 'Police have no cue'. Then, whatever gossip the
media gathers about the line of investigation by the official agencies, it gives such publicity in respect of the information that the person who has
indeed committed the crime, can move away to safer places. The pressure on the police from media day by day builds up and reaches a stage where
police feel
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Roles Of A Jury Essay
What is a Jury and Role of Jury A jury based trials are present most of the time in criminal cases and also civil cases but in civil cases it's only used 1%
of the time. The jury system is an important part of the Magna Carta [1215]. In a civil case there are 8 jurors present and in a criminal case the jury
system consists of 12 people that are randomly selected by an electoral system but will be vetted to see if they are eligible to be part of the jury.
The jury system has been part of the English Legal system for the past 800 years. Jurors used to research the case beforehand before the reign of king
Henry 2. The modern day jury system makesure the jurors have little to no knowledge before hearing the case so that they can make a non ... Show
more content on Helpwriting.net ...
The courts did this so that the verdicts formed by the jury was based on fair trial and innocent people would not get convicted guilty by the jury
based on gossip formed by the public. In the past, it was easier for the courts to shield jurors from gossip or what not. However, in the modern age
it is much more difficult due to the presence of the Internet . In the past, searching for information outside of the courtroom was a lengthy and
difficult task so it was easy for the courts to deter the jurors from searching for information. In modern times information over the case could be
found through newspaper articles and online stories by a snap of a finger. The courts have warned jurors time and time again not to research the case
because they could be charged with offence or contempt but it still happens time and time again. The case that shows how outside material could
cause a trial to not be fair is R v Marshall and Crump (2007), two defendants that were charged with offences that included robbery and manslaughter
claimed they didn't have a fair trial because after their convictions, material off the Internet was found in the jury room that was a contempt of court
and it was not fair because their convictions might have been bias to media speculation resulting to a wrongful
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Case Court Bar Association V. Union Of India Essay
In this case court cancels the license of advocate from practising legal profession in exercising the contempt jurisdiction by the Supreme Court or
High Court. Though this case was repealed in Supreme Court Bar Association V. Union of India, AIR 199 SC 1895. The facts are as Bansal
Forgings Ltd took loan from the UP Financial Corporation and it made default in payment of instalment of the same. The Corporation proceeded
against the Company under Sec 29 of the UP Financial Corporation Act. The Company filed a civil suit against the corporation and it had also filed
an application for grant of temporary injunction. Counsel for the corporation suo motu put appearance in the matter before trial court and prayed for
time for filing of reply. The learned trial Court passed an order on the said date and this order was as follows: "The corporation will not seize the
factory of the Company. The Company shall pay the amount of instalments and will furnish also security for disputed amount." The Trial Court
directed to furnish security on 31/01/94 and the case was fixed on 15/03/94. Against the said order of the trial Court the appeal was filed in the High
Court and the argument was advanced that the Court had no jurisdiction to pass the order for payment of instalment of loan and no security could have
ordered. During the argument the event leading to contempt happened. Justice S.K. Keshote against whom the contempt was committed wrote a letter
to the Acting Chief Justice of
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Lee County DHR Case Summary
Lee County DHR's testimony revealed that the case with the non–custodial parent (NCP), Felton Harley, Jr., begin back in 1992 when the custodial
parent(CP), Wanda Marshall, applied for services to establish a paternity order, income withholding (IWO), and medical. An order was established
and the NCP was paying child support. On July 9, 2008, the CP requested enforcement; DHR filed contempt against the NCP because he had not paid
a child support payment since April 2008. The NCP appeared in court and paid $400.00; the court dismissed the review because an IWO had been
mailed and the payments were being received through the IWO. On November 5, 2010, a contempt action was filed again, due to the NCP not paying
child support since August 2010. ... Show more content on Helpwriting.net ...
On October 22, 2014, the FIDM lien was requested in accordance with the Code of Alabama 1975 30–3, 30–3–197 and 30–3–198. On October 23,
2014, the Secretary of State acknowledged the lien and the levy was requested. On the same day, the Notice of Levy was sent to the financial
institution. On October 27, 2014, the levy package was generated for the NCP. On December 9, 2014, the Lien Unit received a notice from the Navy
Federal Credit Union that account numbers 3019677362, 3044625709, 7034239553, and 3044624900; the accounts have zero funds for payment. The
levy was released; it was re–added due to the account on the FIDM screen; not listed on notice having funds. On that same day, the FIDM levy was
released on the account #530116705. Again, on that day, the FIDM levy was requested and the notice was sent to the financial institution. On
December 11, 2014, the FIDM Levy package was produced. On February 25, 2015, the NCP contacted the Lien Unit and stated that he had sent a
statement of benefits letter from social security about two weeks ago. The Lien Unit told him that they had not received the information and requested
the NCP to send the information and the Request for a Review Form via fax to expedite the process. On March 20, 2015, the Lien Unit contacted the
NCP; he stated he mailed the statement from social security about a month ago and wanted confirmation that it was received. The NCP was advised
that no documents had been received. Again, the Lien Unit requested the NCP to fax in the documents. On March 25, 2015, through contact of voice
mail, the Lien Unit requested the NCP's last three months bank statements on the account affected by the lien or where the social security benefits are
deposited. Later that day, the Lien Unit informed the NCP that theSocial Security Administration
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Greene Vs Cv-799 Case Study
IN THE CHANCERY COURT OF CHESTER COUNTY, TENNESSEE AMANDA LEANN GREENE PLANTIFF/RESPONDENT VS. NO.
14–CV–799 KEVIN WESLEY BARTHOLOMEW DEFENDANT/PETITIONER RESPONSE TO PETITION FOR MODIFICATION AND FOR
CONTEMPT Comes now your Respondent, Amanda LeAnn Greene, in support of Response to Petition for Modification and Contempt would state
and show unto this Honorable Court as follows: Agreed Agreed Agreed Agreed Denied. The mother has stable employment and has tested negative on
multiple urine drug screen within the past year. The mother does not live with someone with such charge. The mother was injured on the job in March
2016, which was known
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Circuit Court Case Analysis
On June 28, 2013, appellee, Jennifer Brandeen, ("Mother"), was awarded an absolute divorce from appellant, David Brandeen, ("Father") in the Circuit
Court for Anne Arundel County. The circuit court amended its judgment on November 6, 2013. Mother later appealed the circuit court's decision to
this court, where we affirmed the circuit court's judgment except on a question relating to the court's marital property award. Father, sought––and was
granted––an en banc review of the circuit court's judgment. After the en banc review, the circuit court's judgment was affirmed. Beginning on February
24, 2014, and extending through March of 2015, the parties filed a litany of motions to either enforce or modify the circuit court's judgment in the
divorce decree. Namely, Father filed a Petition for Modification of Custody and Additional Relief, an Expedited Motion for Reduction in... Show more
content on Helpwriting.net ...
On August 14, 2015, the final day of the hearing, the court denied Father's motion to modify custody, except with respect to an order regarding the
exchange of the minor children. The court denied Father's motion to modify his child–support obligation. Further, the court found husband in contempt
for failure to pay child–support. Additionally, the court found Wife in contempt for a missed visitation following the en banc hearing in September of
2014. Finally, the court awarded Mother $20,000 in attorney's fees. On appeal, Father challenges the circuit court's decision on his motion to modify
custody, the circuit court's denial of his motion to modify child–support, the circuit court's decisions finding him in contempt and failing to hold
Mother in contempt, and the grant court's grant of attorney's fees to Mother. Specifically, Father presents four questions for our review, which we
rephrase as follows:
1. Whether the circuit court erred in modifying its child–custody
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The Effects Of Jurors ' Consulting The Internet And Social...
The 21st century is one of rapid technological change. The internet has become an increasingly prevalent practice in many individuals' lives, with its
persuasiveness spreading into the social realm. Technologies such as mobile phones– combined with search engines, blogs and social media, namely
Twitter and Facebook –have become widespread. The effect of these types of technologies has become apparent in the courtroom and poses many new
litigation challenges, ultimately impeding the administration of justice. This essay will be examining the effects of jurors' consulting the internet and
social media, assessing the current law and procedure on juror misconduct and highlighting the possible solutions to overcome this issue.
In order to assess whether jurors should be allowed to consult the internet and social media, there are a number of considerations to be made. Firstly, it
is essential to understand the external influences, which may be imposed upon the jury. Looking for information on–line and using search engines such
as "Google" have become a habitual practice in the modern world. Jurors may be tempted to carry out their own research into the case to expand their
knowledge, ensuring they are making the correct decision. Studies have shown that conducting internet research allows a juror to find out media
accounts of the case, physical or other factual evidence, expert opinions, personal information on the parties involved including their criminal history,
and the
... Get more on HelpWriting.net ...

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Income Withholding Orders Essay

  • 1. Income Withholding Orders Essay Family law courts in West Virginia, and elsewhere, often issue child support orders for divorcing couples, as well as those who were never married. The purpose of these orders is to ensure that both parents bear the financial responsibilities of raising their child. The majority of parents follow through with these court–ordered obligations. Sometimes, however, a parent may fall behind on his or her payments. There are any number of reasons why a parent may fall behind on his or her child support payments. This includes the loss of a job, a change in earnings or a willful disregard of the order. Regardless of the reason why a parent has fallen into arrears, there are a number of child support enforcement options, which may be employed by ... Show more content on Helpwriting.net ... Through such orders, a parent's employer will withhold a portion of his or her earnings. Those withholdings are then remitted to the state and applied towards their child support obligations. If a parent is not working, the BCSE will often contact the parent by phone and send letters to request payment. Should parents still not pay, the BCSE may ask to have them appear in a court hearing to explain why they are not paying. As a result of such hearings, the court may order parents to immediately find a job and start paying, award a judgment for the amount of unpaid support or demand a lump sum payment for unpaid support. License suspensions Family law courts, as well as the BCSE, could take action against the driver's licenses of parents who fail to pay their child support. Under West Virginia state law, this may be done if the amount a parent owes is equal to, or greater than, the amount owed for six months. These orders are in effect until the BCSE files a court order with the state's licensing authority that confirms parents have complied with orders for payment of arrearages and current child support. In addition to a personal driver's license, parents may also have their commercial driver's licenses, hunting and fishing permits, and certain types of business licenses suspended or ... Get more on HelpWriting.net ...
  • 2. Australian Public Service And Code Of Conduct Learning Problem 1 (620 Words) Free speech is commonly assumed to be speech unrestricted by regulation, nevertheless legislators may also enact legislation to protect the implicit right to free speech. This is presented in the International Covenant on Civil and Political Rights article 19 section 1, stating 'everyone shall have the right to hold opinions without interference.' This may be distinguished in this case as the employee has entered both into an employment contract with an implied social media agreement, and Commonwealth and State laws which are permitted to transcend this material. This implicit and explicit notion of free speech transcends into the spectrum of social media, an instrument pertaining a multitude of advantageous ... Show more content on Helpwriting.net ... The objective of an open court is the right of public of admission for the public. This principle of open justice is reflected in the aforementioned article 14(1) of the ICCPR. This factor of open justice fashions a circumstance in which the media has no greater common law right to attend court than any other member of the public. It may be noted that special privileges exists for journalist; seating, note–taking and some access to documents. Access to documents is restricted due to the aforementioned equality of journalists and general public, coinciding with the court not being a public register with rights to access. The notion of open justice allows our journalists to enter and report on cases, such as the 'Moreton Bay Killer'. Open justice is the key to accurate and knowledgeable reporting in the public best interest. Nevertheless, situations exist in which an open court may not be available, or even ... Get more on HelpWriting.net ...
  • 3. In Our Defense. Amendments Essay In Our Defense The title of this book is In Our Defense. It is written by Ellen Alderman and Caroline Kennedy. This book was copyrighted in 1991 and the First Avon Books edition was published in 1992. The genre is nonfiction, law. This book is about all of our rights as citizens of the United States of America and cases that prove as to why these rights are so important to us. There are, however, some controversies on the extent of how far these rights go. The first amendment most importantly protects freedom of speech. Dennis Mahon, a member of the KKK, was trying to exercise his freedom of speech, through airing a television program called "Race and Reason." The Missouri Knights group chose public cable access to broadcast because... Show more content on Helpwriting.net ... Then Pevar, who is Mahons's attorney, filed a suit in the federal district stating that the Klan had been discriminated against by the content of its speech and also that the access channel was a public forum that the city did not have a right to take away. They said it violated the first amendment rights of the Klan and the other people who have the right to watch uncensored programs. The city tried to have to suit dismissed by telling them that they could use other means of reaching out to their audiences other than the television. The Klan did end up winning their case and their show was restarted, and there rights were protected. In the end the Reverend Cleaver became the mayor and canceled the show anyway. The second amendment is the right to bear arms. In June of 1981 the trustees of the town of Morton Grove, Illinois voted in favor of a law which prohibited the possession of handguns in the home. A lawyer and gun owning resident, Victor Quilici filed a lawsuit challenging the law claiming that it violated his Second Amendment right. The district court ruled that the Second Amendment does not apply to the states, that the right to bear arms is inextricably connected to the preservation of a militia that state legislatures may regulate or restrict state legislatures, and municipalities may limit private access to weapons under their power to provide for the public health and safety. The US Court of Appeals affirmed the lower court's decision. The third ... Get more on HelpWriting.net ...
  • 4. Law Contempt is generally defined as an act of disobedience to an order of a court, or an act of disrespect of a court. A client's failure to comply with a restraining order, a visitation order or an injunction in any kind of action may result in a finding of contempt of court, no matter the intention. The court has the power to punish neglection, violation of duty, or any other misconduct. Also a non–payment of a sum of money, ordered by the court to be paid can lead to contempt of court. Another type of contempt is whether the contempt charged is civil or criminal in nature. The difference between civil and criminal contempt is the remedy sought. If the purpose of the contempt order is remedial, such as to ... Show more content on Helpwriting.net ... Assuming contempt of court is shown, it is punishable with many criminal penalties, such as imprisonment or fines. A fine is readily imposed on either an individual person or a trade union . Contempt of court concerning journalistic matters was dealt by the common law until 1981. Newspapers were almost always held for contempt of court because of what they wrote. The decisions were quite strict due to the fact that they were made by judges. After the Contempt of Court Act of 1981, matters concerning contempt of court were dealt by acts of Parliament. With this act a person can be found liable for contempt of court in two cases: 1) When a publication made by an individual had caused prejudice or impediment to particular proceedings 2) Proceedings are active. The court can punish journalists with contempt of court in many ways. One way is for him to show a document, image, video or audio material to the public, which might interfere with the courts' decision at a trial. Another way in which a journalist can be sentenced to contempt of court is when he / she publicises material and information that only the court has the right to know like the decision taken by the jury in the jury room. A journalist can be held in contempt of court in general if he is interfering with justice. In order to have a proper trial, judges will have to bear in mind that ... Get more on HelpWriting.net ...
  • 5. Circuit Court Case Study In this instant appeal, Mr. Shoemaker asserts that the circuit court erred by imposing an improper purge provision after finding him to be in contempt, and that the circuit court erred in finding that Mr. Shoemaker would be liable for alimony payments in accordance with the parties' original separation agreement. We shall address both of these arguments in turn. I. The Circuit Court Did Not Craft an Improper Purge Provision in Its Contempt Order.The scope of our review of a trial court's contempt finding is as follows: (a) Scope of review. –Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudge him in contempt of court, including an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action. Md. Code (2006, 2013 Repl. Vol., 2015 Suppl.) В§ 12–304(a) of the Courts and Judicial Proceedings Article ("CJP"). ... Show more content on Helpwriting.net ... Dept. of Human Res.], 402 Md. [79,] 101, 935 A.2d 432 [(2007)] (citing Jones, [supra,] 351 Md. at 282, 718 A.2d 222). Any purge must be within the present ability of the defendant to perform at the time of sentencing. Arrington, [supra,] 402 Md. at 101, 935 A.2d 432; Bryant [v. Howard Cnty. Dept. of Soc. Serv. Ex rel. Costley], 387 Md. [30,] 48, 874 A.2d 457 [(2005)]; Jones, [supra,] 351 Md. at 275, 718 A.2d 222. The reason for the rule lies in the coercive, as opposed to punitive, nature of sanctions in a civil contempt proceeding. Jones, [supra,] 351 Md. at 281, 718 A.2d 222 ("If a defendant is unable to pay a purge provision, no amount of time in prison will induce compliance."). Therefore, if the sanction is incarceration and the purge is the payment of ... Get more on HelpWriting.net ...
  • 6. Biography Of Donald J. Trump On Friday, August 25, Donald J. Trump issued his first pardon as president on Arizona sheriff Joe Arpaio for defying a federal court order. Joseph Michael Arpaio was born in June 14, 1932, and is still a former law enforcer in the state of Arizona. He is known for his stances on illegal immigration and leading an investigation on the validity of Barack Obama's birth certificate. He has been accused of abusing power, misuse of funding, failure in researching on sexual crimes, unlawful enforcement on illegal immigration, election law violations, and racial profiling (especially targeting Hispanics). Not only has he committed different types of police misconduct, but he has been sued for many civil rights lawsuits, and even the U.S. ... Show more content on Helpwriting.net ... This whole federal case began by a lawsuit filled by a Mexican man with a valid tourist visa in Maricopa County. After stopping the man, Joe Arpaio wrongfully gave the man a nine–hour detention, the man sued him, claiming racial profiling from deputies, later involving all Latino motorists in the county. After four years of court cases and hearings, a judge in Phoenix ordered him to stop detaining anyone, even based on suspicion. "... States do not have the inherent authority to enforce the civil provisions of federal immigration law," declared the judge. Five years later, since December of 2011, two federal judges have found Joseph guilty of not following and abiding to the injunction, still having misbehavior in police conduct. U.S. District Judge G. Murray stated that he was saying false statements of his department, and that Arpaio and his chief deputy , "have a history of obfuscation and subversion of this Court's orders that is as old as this case and did not stop after they themselves became the subjects of civil contempt." The judge understood based on his mannerisms that he had no desire to declare the truth or comply with answering the asked questions. So the judge decided to charge Joe Arpaio of criminal contempt of court, with a possible sentence of six moths in the county jail.Five years later, since December of 2011, two federal judges have found ... Get more on HelpWriting.net ...
  • 7. Shoemaker Case Summary On July 23, 2013, appellant, Jason Shoemaker ("Mr. Shoemaker") was awarded an absolute divorce from appellee, Fallon Shoemaker ("Ms. Shoemaker"). The trial judge incorporated a voluntary separation and property settlement agreement signed by both parties into the judgment of absolute divorce. Thereafter, on May 6, 2014, the parties modified their separation agreement by executing and filing a consent order with the circuit court. On July 17, 2014, Ms. Shoemaker filed a petition for contempt alleging that Mr. Shoemaker breached the consent order. On September 24, 2014, the Circuit Court for Frederick County held a hearing where it determined that Mr. Shoemaker was in contempt of the consent order, and that Mr. Shoemaker had not shown that... Show more content on Helpwriting.net ... Shoemaker] shall pay to [Ms. Shoemaker], alimony in an amount of Four Thousand Five Hundred Dollars ($4,500.00) per month for Year One (first 12 months), Five Thousand Dollars ($5,000.00) per month for Years Two through Five (second 48 months), and Four Thousand Five Hundred Dollars ($4,500.00) per month for Years Six through Sixteen (final 120 months), for her support, on the first day of each month starting on the first day of August, 2012, for so long as the parties live separate and apart and until the first to occur of any of the following events: (a) death of either party, (b) that date which is sixteen (16) years from the date of this Agreement, or (c) [Ms. Shoemaker] remarries.Thereafter, a series of disputes arose between the parties as to the others' performance under the terms of the separation agreement. Mr. Shoemaker alleged that the separation agreement was induced by fraud because at the time of the agreement Ms. Shoemaker had acquired a significant other whom she intended to sustain with Mr. Shomaker's alimony payments. Ms. Shoemaker, for her part, alleged that Mr. Shoemaker was in violation of the custody and visitation terms of the agreement that required Mr. Shoemaker to abstain from illicit drug use. Ms. Shoemaker further alleged that Mr. Shoemaker was in default of his child support and alimony payments under the separation ... Get more on HelpWriting.net ...
  • 8. State V. Lee Case Analysis In all criminal cases, Defendants have the right to Due Process of law and essentially has the right to waive their presence during their trial. In Kathy Robert's case she was bound and gagged but not removed from the court entirely. In State v. Lee, Lee was first removed from the court after several interruptions before being handcuffed and gagged. There are three constitutionally acceptable ways to approach a disruptive defendant. However; Binding and gagging should be the last resort for the judge. First, the judge should cite the defendant for contempt of court if continued interruptions occur. If the defendant remains disrespectful and disruptive they lose their right to be present at the trial and the judge may remove them from the court until they can control themselves such as the judge did in State v. Lee. After both actions have been dealt and the defendant is belligerent then the judge may bind and gag... Show more content on Helpwriting.net ... For a judge to cite the defendant for contempt, they will get fined and possible jail time if found guilty regardless of crime. It also gives the defendant several warnings to remain silent without restraint or forced out of the courtroom. Finally, citing the defendant for contempt doesn't cause the defendant to lose their right to freedom of speech or presence during their own criminal trial. The cons of the binding and gagging of the defendant would bring up the argument of an "unfair trial." If not warned about the punishments of the defendant's interruptions, the defendant seems to have no choice but look at it as prejudicial and a one–sided trial. I think the best approach would be to cite the defendant for contempt because as a judge I would want the defendant to still have his or her constitutional rights. And if the proceedings cannot continue without disruptive behavior even after being warned several times, then I would take the necessary steps I discussed in previous ... Get more on HelpWriting.net ...
  • 9. The Case With The Non Custodial Parent ( Ncp ) Lee County DHR's testimony revealed that the case with the non–custodial parent (NCP), Mr. Harley, begin back in 1992 when the custodial parent(CP), Wanda Marshall, applied for services to establish a paternity order, income withholding (IWO), and medical. An order was establish and the NCP was paying. On July 9, 2008, the CP requested enforcement; DHR took legal action and filed contempt against the NCP because he had not made a payment since April 2008. The NCP appeared in court and paid $400.00; the court dismissed the review because an IWO had been mailed and payments was been received through the IWO. On November 5, 2010, a contempt action was filed again, due to the NCP not paying since August 2010. On January 5, 2011, the NCP ... Show more content on Helpwriting.net ... The NCP has been mailing his payments to the payment center and the payments have been posting; DHR has been receiving $191.92 each month, which is being disbursed to the CP. Russell County DHR representative's testimony revealed that on July 14, 2003, the case with the CP, Juanita James, and the NCP was established. The NCP was ordered to pay child support of $190.10 per month. At the time the case opened, the parties were married, and the NCP was ordered to pay the amount of child support as stated in the divorce decree. The court incorporated and adopted the child support order into the divorce decree order. The NPC was already paying child support on those cases. In 2007, the CP applied for services, the case opened and was referred to the District Attorney's office. Once the case was referred, the arrears were set on the case at the time of enforcement. The CP stated there were no direct payments received. All payments that were received through the payment center were calculated and received along with entering the Affidavit of No Direct Payments. The representative stated based on those facts, the interest was calculated on the child support amount in the order. The NCP was ordered to pay $190.10 per month beginning June 20, 2003 and an additional $25.00 per month toward retro support; the current arrears owed are $24,635.30. In April ... Get more on HelpWriting.net ...
  • 10. The Importance Of Hate Speech In scenario number one, the main controversy up for debate is the topic of hate speech and whether it is protected under the First Amendment. Additionally, another question to address is whether individuals who may espouse hate speech are protected by the First Amendment to peacefully assemble in the public sphere. Prior to addressing these issues, it is important to understand the case law surrounding hate speech and the government's capacity to regulate speech. One method is prior restraint, which specifies that the "government may prosecute individuals who violate legitimate restrictions on expression but, absent extraordinary circumstances, may not intervene before the fact". There are many classes of speech, and some are protected more than others. The most protected classification is political speech, because it is presumed to be the most consistent with the framers intentions, and therefore requires the Court to apply strict scrutiny in censorship cases. To pass the test of strict scrutiny the government must prove that its regulation serves a compelling government interest. Therefore in order to censor political speech, the government must prove that it will cause irreparable harm to the safety of the country and/or the citizens. Furthermore, if the speech is occurring in a public forum, such as a street, sidewalk, or park, the Court must apply strict scrutiny as well. Abrams v. United States was one of the first and more consequential cases on the protections ... Get more on HelpWriting.net ...
  • 11. Malloy V. Mallay Case Study William Malloy was arrested during a gambling raid in 1959 by Hartford police. Malloy pleaded guilty to the crime of pool selling, a misdemeanor, and was sentenced to one year in jail and a 500$ dollar fine. About sixteen months after Mallory was petition to testify before a magistrate appointed by the Superior Court of Hartford County to conduct an inquiry into alleged gambling and other criminal activities in the county. Malloy was asked numerous of question related to events surrounding his arrest and conviction. Malloy refused to answer any questions stated " on the grounds it may tend to incriminate me". The Superior Court held Malloy in contempt, and committed to prison until was willing to answer the questions. As a result, Malloy applied ... Get more on HelpWriting.net ...
  • 12. The Law Of Contempt Of Court Contempt of court is 'any words spoken or written, or any conduct which might impede the working of the court, or which could create a disregard of the authority of our justice system.' (Samson, 2014). The two most common types of contempt of court are sub judice rule and the failure to obey a court order. Most of the law of contempt in New Zealand is common law, however, parts of it that deal with the conduct in court and specific offenses that relate to the administration such as perjury, are considered as statutes. Sub judice rule is designed to avoid unfair prejudice to the parties to prevent trial by news media, and to preserve the judicial authority of the courts. It is this rule which had created the most controversy over whether it is high time that the contempt of court is reformed to fit the 'Internet Age' we live in today. The outdated language and concepts only reiterates that the law was developed prior to the 'Internet Age' and the enactment of the New Zealand Bill of Rights Act 1990 (s 25). Smith and Dean state that 'publication contempt includes any publications that interfere with the conduct of particular legal proceedings and publications that undermine the judiciary through scurrilous abuse, or by allegations of bias and partiality' (2011). 'Scandalising the court' is a contempt issue that addresses and describes publications that tend to undermine the judicial system (NZLC IP36). In this essay, both 'publication contempt' and 'scandalising the court' ... Get more on HelpWriting.net ...
  • 13. Who Is Giles Corey In The Crucible In the Crucible there is someone in the town of Salem who was asked to implicate the people involved in a crime. That man is Giles Corey, who had stated that a man told him that Thomas Putnam told his daughter, Ruth, to blame the neighbors for witchcraft. The reason behind this action that Putnam took was to gain more land. When he approached the court Dansforth immediately took interest however, he also wanted to know that name of the witness. Corey knew that the witness would be arrested and would be jailed. So he would not budge he kept on refusing to give the name even after the threats made to him. Eventually, Corey was arrested for contempt in court all because he would not give the name of the witness. In conclusion, Giles Corey was ... Get more on HelpWriting.net ...
  • 14. Essay On Presidential Pardon Power The Presidential Pardon Power and its Limits The power to pardon is not the most discussed power of the President of the United States. However, there have been some controversial cases that sparked the debate about limiting this power. This paper deals with the origins of this constitutional clause, its limits and interpretations by the Supreme Court of the United States. I would like to mention some controversial cases and connected debate about limiting this power. Origins of the Presidential Pardon The roots of the pardon can be traced far back in the history. There are references to similar power in Mosaic Law, Greek Law and Roman Law. However, the U.S. constitutional clause originated in the English law. The law was applied in the colonies and the colonial governors held similarly broad pardon powers as the Kings. Except a simple pardon, they could also grant conditional pardon to any offender. The original plans for the Constitution did not contain a power of pardon. However, the main proponents of pardoning power Charles Pinckney, Alexander Hamilton, and John Rutledge managed to push through the inclusion of this clause. After a debate about this power during the Constitutional Convention, the presidential pardon clause was added into the Constitution as one of the enumerated powers of the President of the United States. It can be found in the Article II of the Constitution. It says: "The President ... shall have Power to grant Reprieves and Pardons for ... Get more on HelpWriting.net ...
  • 15. Violation Of Court When one parent does not follow a court order that has been established, civil contempt of court is a remedy that the parties can seek from the court. While it is highly recommended that the parties try to resolve such matters informally prior to seeking relief from the court, contempt is available when those efforts fail and there has been a willful violation of a court order. Once a court order is in place, whether it relates to custody, visitation, or support, both parents have to follow it. If one parent doesn't follow the order, the other parent can file a contempt action and ask the court to enforce the existing order. This is the case even if the parent thinks that he or she has a good reason for not complying with the order. For instance, if you don't think it would be in the best interest of your child to visit with his or her other parent, so you don't follow the court–ordered visitation plan, you could be held in contempt of court. If you don't think the existing visitation order is good for your child, then you need to file an action with the court to modify the order. Not following the order can lead to serious consequences, ... Show more content on Helpwriting.net ... The court will order the party who is allegedly not complying with the court order to appear in court and defend his or her position. The only defenses available are that the party did not violate the court order as alleged, or that the violation of the order was not willful, and in some circumstances that obeying the order would endanger the child due to circumstances that have changed. Typically, contempt proceedings occur much more quickly than divorce or other types of family law hearings, since they focus on only a few relatively straightforward issues. The focus in a contempt hearing is whether a party violated the court order and what the court should do about ... Get more on HelpWriting.net ...
  • 16. Analysis Of The Attorney Consumer Assistance Program Essay On September 28, 2015, Elizabeth Knowles contacted the Attorney Consumer Assistance Program regarding Allan L. Knowles, Esq. Elizabeth's complaint was forwarded to Assistant Bar Counsel Stacey Best on October 21, 2015, after Allan Knowles was found in contempt in relation to an ongoing divorce probate matter. Allan Knowles was sentenced to 45 days in Barnstable County House of Corrections, or until a contempt payment of $10,000 was paid. FACTS On July 10, 1997, a Judgment of Divorce Nisi was granted to Allan and Elizabeth Knowles, due to an irretrievable breakdown of the marriage. Elizabeth later filed a Complaint for Contempt on June 6, 2014, due to Allan's failure to pay child support (arrearage $65,000), health insurance premiums ($137,000) for their son, college expenses ($90,000), and medical bills ($12,750). After several delays a hearing regarding the Complaint for Contempt occurred on October 5, 2015; Judge Sabaitis determined that Allan was in contempt and had the ability to pay the child support arrearage as well as the cost of the other expenses. Sabaitis ordered that Allan pay $1,000 a month (applied against the arrearage), $7,500 in attorney fees, and a $70 for service of process. In addition to paying the costs, Sabaitis also ordered that Allan be committed to jail for 45 days, or until "he shall purge himself of said contempt by payment of $10,000." Allan was taken into custody on October 5, 2015, and Elizabeth believes his family posted the $10,000 on ... Get more on HelpWriting.net ...
  • 17. Sub-Judice Corrupt Research Paper Sub judice contempt, theoretically, is a noble, necessary law, designed to protect citizens' intrinsic democratic right to a fair, unprejudiced trial. Nevertheless, the ambiguity and erratic applications of this law have broader detrimental effects. This is because the law, by definition, conflicts with another fundamental democratic principle: freedom of speech. Balancing these core ideals, while pleasing stakeholders and operating ethically and legally, is difficult, leading to divergent rulings, and thereby causing uncertainty for journalists and professional communicators about what can be published. This essay will address this anomaly, arguing that sub judice rulings in Australia must strive for greater clarity and consistency, as current ... Show more content on Helpwriting.net ... Robinson (2001, p.261), clarifies that, "in cases where the public interest in the administration of justice conflicts with the public interest in freedom of speech, Australian courts have traditionally favoured the former." However, rulings such as these risk journalists' not publishing legally legitimate information, as they are unsure if it will be viewed as contempt, and are unwilling to take the risk, thus inadvertently, and unjustifiably, impinging upon free speech (Bowley 2005) (Aniano 2005). This is a significant and contentious point, highlighting the conundrum. Bowley (2006, p.15), illustrates this, discussing the balance between free speech and an unprejudiced trial, "Striking a balance between these two interests is a difficult task, which in Australia, has been addressed by the common law over time. While a number of decisions have considered how the balance should be maintained, no authoritative guidance has yet been developed in Australia, with considerable uncertainty still surrounding the questions of when a publication will offend the sub judice rule." Bowley (2006, p.15) expands, believing that elucidation of sub judice contempt would benefit all major stakeholders, and ultimately "avoid costly and time–consuming litigation, and at the same time, allow the media to publish and broadcast with greater confidence and without fear of being found to be in contempt of court." Lorne and Valerie (2013, p.537), strongly emphasise this point, believing, "not only that we lack a clear understanding of this [sub judice] rule, but also that because of this, it is used selectively, incoherently, and instrumentally. As a result, the accountability of government, the integrity of adjudicative processes, and the effectiveness of the media all may be jeopardised." Clearly, balancing free speech and the right to a fair trial is a difficult ... Get more on HelpWriting.net ...
  • 18. Court Case Of Miami-Dade Water V. Metro B.A final order is reached as to a particular party when there is nothing left for the court to do to resolve the substantive controversy as to that party. This Court has previously held that "[i]n determining the finality of an order, judgment, or decree, the test employed by the appellate court is whether the order appealed constitutes an end to the judicial labor in the trial court, and nothing further remains to be done to terminate the dispute between the parties directly affected." Miami–Dade Water & Sewer Auth. v. Metro. Dade Cty., 469 So. 2d 813, 814 (Fla. 3d DCA 1985); see also Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559, 561 (Fla. 3d DCA 2015) (stating that for the purposes of appellate review, an order of the circuit court is final if it ends all judicial labor in the case.) ... Show more content on Helpwriting.net ... Therefore, this is a final order and it was proper for the father to file his Notice of Appeal within 30 days from March, 16, 2016. The father entered the Notice of Appeal on March 26, 2016, ten (10) days after. Consequently, this Court has jurisdiction to heard this case, which was filed in a timely manner. II.THE THE APPELLANT'S STATEMENT OF THE CASE, STATEMENT OF FACTS, AND ARGUMENTS NUMBERED IV –VI ARE BACKED BY EVIDENCE CONTAINED ON THE RECORD. EVEN SOME OF THIS EVIDENCE WERE PROVIDED BY OPPOSING ... Get more on HelpWriting.net ...
  • 19. Freedom Of Expression Contained Within The European... An essential role of a journalist is to act as a 'public watchdog' and the media enjoys freedoms and protection in pursuit of this objective. Court reporting is fundamental to the principle of open justice that 'not only must justice be done; it must also be seen to be done.' This common aim of media and the courts is met with some restrictions, of which contempt of court is most serious. For journalists, contempt can generally arise where an article prejudices a person's right to a fair trial. It is mostly covered by the Contempt of Court Act 1981, hereafter referred to as 'The Act', which was brought in to force in an attempt to strike a fair balance between the Article 6 right to a fair trial and Article 10 freedom of expression contained within the European Convention of Human Rights. It encourages responsible reporting while discouraging outside interference with justice. Scottish courts are viewed as comparatively harsh on contempt, but it is important for them to remain realistic. It is rare that a trial will be deserted on the basis of contempt of court, as courts are disinclined to allow appalling crimes to go unpunished due to inevitable publicity regarding them. In Cox & Griffiths, Petitioners Lord Prosser stated that 'juries are healthy bodies. They do not need a germ–free atmosphere'. Contempt of court comes in numerous forms such as disobedience of a court order, unauthorised recording of court proceedings or 'murmuring judges'. Where journalists ... Get more on HelpWriting.net ...
  • 20. The law of Contempt "Many laws exist in Britain restraining the media. In 1992, the White Paper, Open Government, identified 251 laws outlawing information disclosure. Two years later the Guild of Editors listed 46 directly relating to journalists. The laws of libel, contempt, defamation, obscenity and 'gagging' injunctions to stop alleged breaches of confidence all act as restraints on the media." (Keeble, Richard/ Ethics for Journalists) The law of contempt can often be criticized by the media and has previously been branded as unfair on the careers of many journalists. Article 10 gives anyone the right to freedom of expression, which includes the right to hold opinions, and to receive and impart information without state interference. This includes the right to communicate and to express oneself in any way, whether this be through words, pictures, images or actions – including through public protest and demonstrations. The right to freedom of expression could not be more crucial than in a democracy; information and ideas help to inform the public and are essential in doing so. Having said this, contempt of court laws in Scotland are in place to ensure that every person standing for trial has the right to a fair trial, and will receive this. Contempt law is now largely governed by the Contempt of Court Act 1981. The Act was passed as a result of several UK defeats before the European Court of Human Rights and its aim was to make the law clearer and more liberal. The Act was also designed in ... Get more on HelpWriting.net ...
  • 21. Giles Corey Quotes From The Crucible Character Personality Traits "I will not give you no name." This quote was said by Giles Corey in The Crucible. He said this when Judge Hathorne asked for a name that Giles promised not to say in court. This caused Giles to be arrested and ultimately killed. Giles Corey and I share some of the same traits such as being cunning, being sarcastic, and being loyal. Giles Corey and I are both cunning. Giles Corey is cunning by knowing the court system. He shows this when Danforth tries to accuse Giles of contempt of court but Giles says, "This is a hearing; you cannot clap me for the contempt of a hearing," which shows Giles' knowledge in the court system. I'm cunning by thinking of ideas thoroughly and quickly. I'm able to think of a plan quick ... Get more on HelpWriting.net ...
  • 22. Justice, Public Interest And Open Justice Contempt of court implies to the courts ' ability to punish individuals that might interfere with the course of justice and the court system. Criminal proceedings are acknowledged as being active through the 1981 act when an individual has been arrested without warrant; the grant of a warrant for arrest; the grant of a warrant to cite; or service of an indictment or other document specifying the charge. A Criminal proceeding will cease to be active when a verdict, sentence has been reached. Inference with the court system can take many forms, therefore there are grave contempt's which could result in imprisonment of the editor or journalist. The essence of contempt ensures that an individual gets a fair trial; a part of the of the Human... Show more content on Helpwriting.net ... There two forms of contempt of court; Common law which focuses on actions which might interfere with the course of justice. Strict liability, which forbids any material which could create a substantial risk against the course of justice that, would cause serious impeded or prejudiced to be published. This was the issue in the case of Chris Jefferies. Jefferies was arrested by police pending the investigation of the murder of Joanna Yeates, he was her landlord. The Sun and Mirror subjected Chris Jeffries to a number character–assassinating and printed several front page headlines which suggested that Jefferies was guilty while the investigation continued such as 'Could this man hold the key to Joanna's murder?. The defamatory articles strongly suggested that there was good reason to suspect that Mr Jefferies had murdered Joanna Yeates. Two days after Mr Jefferies was arrested, he was released and police confirmed he was no longer a suspect. Joanna 's neighbor, Vincent Tabak was found guilty of her murder and sentenced to life imprisonment. By this time Mr Jefferies photograph had been splashed on the front page of several papers making him instantly recognizable. The newspapers lost because they had wrongly published untrue and harmful articles about Jefferies while he was in custody and ... Get more on HelpWriting.net ...
  • 23. The Fourteenth Amendment 's Due Process Clause Bars... Judge Simon Skinner and Judge Leslie Tiller are judges on the U.S. Court of Appeals for the Eighth Circuit and the U.S. District Court for the District of Minnesota, respectively. Each judge has an involved history with Minnesota's governor, Joyce Cooper. In this paper, I address whether the Fourteenth Amendment's Due Process Clause bars Skinner and Tiller from hearing two unique cases to which Cooper is a party. I conclude that, for both judges in both cases, it does not. *** I begin with the relationship between Judge Skinner and Governor Cooper, who are related in two ways, one significant and the other less so. First, and less significantly, Cooper taught Skinner construction law at Minnesota's flagship law school. Skinner would later own a construction company of his own, NWA Construction. Upon his confirmation to the 8th Circuit, Skinner sold the company, in its entirety, to his son. More significantly, Cooper, then serving as chair of the Senate Judiciary Committee, actively lobbied to confirm Skinner to the 8th Circuit after his nomination. Cooper contacted all other members of the Senate, promising them gratitude and a "yay" vote on a future federal judge nominee for a "yay" vote on Skinner's confirmation. Cooper even targeted 51 other Senators, for whom she held fundraisers that raised $58,000 per Senator. These fundraisers occurred immediately before the Senate's vote on Skinner's confirmation, and all 51 Senators for whom Cooper fundraised–and Cooper ... Get more on HelpWriting.net ...
  • 24. Definition Of Contempt Of Court Introduction Contempt of Court can be defined as any act which derogates the dignity and authority of Courts amounts to contempt. It can alternatively defined as 'any act done or writing published calculated to bring a Court or a judge of the Court into contempt , or to lower his authority is a contempt of Court. Further, any act done or writing published calculated to obstruct or interfere with due course of justice or the lawful processes of the court is a Contempt of Court. ' "Contempt of Court" is a generic term descriptive of conduct in relation to particular proceedings in a court of law which tends to undermine that system or to inhibit citizens from availing themselves of it for the settlement of their disputes. Contempt of Court thus may take many forms. But most commonly categorized types are Civil Contempt and Criminal Contempt. There are various laws and provisions in India governing Contempt of Courts cases. Their positions as under various subheads are: 1. Constitution of India In the Indian Constitution Article 129 declares Supreme Court to be a court of record and entrusts it with the power to punish for contempt of itself. Article 215 of Indian Constitution entrusts High Courts with such powers to punish for its contempt. There are provisions regarding power of higher judiciary to punish subordinate courts and judicial authorities for its contempt. Article 141 of Indian Constitution declares that laws declared by Supreme Court shall be binding on all ... Get more on HelpWriting.net ...
  • 25. Trial By Media And The Denial Of A Fair Trial Introduction Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law. Its first inception was the phrase Trial by Television which found light in the response to the 3 February, 1967 television broadcast of The Frost Programme, host David Frost. The confrontation and Frost's personal adversarial line of questioning of insurance fraudster Emil Savundra led to concern from ITV executives that it might affect Savundra's right to a fair trial. During high–publicity court cases, the media are often accused of provoking an atmosphere ... Show more content on Helpwriting.net ... Laudable as it may be, this media activism is also disquieting, and not just because it might partially be fuelled by a competitive rush to attract larger audiences. Even when well intentioned, recent coverage of sexual violence has tended to degenerate rapidly into a series of trials by media, with the media arrogating to itself and the public the powers of both judge and jury. As a consequence, the media has chipped away at the already precarious agency of assault victims, and also undermined the possibility of justice being ... Get more on HelpWriting.net ...
  • 26. The Issue Of Offshore Jurisdictions Introduction At first glance, the legislation in offshore jurisdictions makes the repatriation of assets seemingly impossible, providing the impossibility defence for debtors unwilling to relinquish assets owed to creditors. Offshore jurisdictions may use clever tactics such as duress and flight clauses to make repatriation of the assets in protection trusts difficult, but onshore jurisdictions are not to be fooled; the court will either declare the trust a sham, void the transaction, threaten professional negligence against the attorney or hold the settlor in contempt until compliance. As long as the debtor is physically residing in the onshore jurisdiction and subject to the laws of that nation, the court can effectively through coercive means attempt to repatriate the assets from the trust. Sham Trusts In Snook v London and West Riding Investments Ltd [1967] 2 QB 786, 802, Lord Diplock defined sham as, 'acts done or documents executed by the parties to the "sham" which are intended by them to give to third parties or to the court the appearance of creating between the parties legal rights and obligations different from the actual legal rights and obligations (if any) which the parties intend to create. But one thing, I think, is clear in legal principle, morality and the authorities ... that for acts or documents to be a "sham" with whatever legal consequences follow from this, all the parties thereto must have a common intention that the acts or documents are not ... Get more on HelpWriting.net ...
  • 27. Separation V. Shoemaker's Obligation Mr. Shoemaker further contends that the circuit court erred when it found that Mr. Shoemaker's default: has resurrected Plaintiff's alimony obligation per the parties'[] original Separation Agreement, which was incorporated but not merged into the July 23, 2013 Judgment of Absolute Divorce, and Plaintiff's alimony obligation shall therefore re–commence on June 1, 2015 for the balance of the alimony term per Section 7 of the August 29, 2012 Separation Agreement.Pursuant to Md. Rule 15–207(e)(4), when a court makes a finding of constructive civil contempt, the court must issue an order articulating the amount of arrearage, any sanction imposed for the contempt, and a means for the condemner to purge the contempt. Notably, these three elements must necessarily be included in an order of a contempt, but the text of the Maryland Rule does not limit a contempt order exclusively to these elements. In the present action, the trial judge found Mr. Shoemaker in default of his obligation in the amount of $52,000.00. This finding satisfies the trial judge's obligation under Md. Rule 15–207(e)(4)(A). The trial judge, however, continued to render an opinion of the legal relationship of the parties going forward under the consent order. Mr. Shoemaker asserts that the trial judge's interpretation of the consent order going forward was erroneous ... Show more content on Helpwriting.net ... Shoemaker's freedom on his continued performance under the consent order. Rather, the court's interpretation of the parties' obligations under the consent order was merely an utterance that was superfluous to the question before it. Indeed, all Mr. Shoemaker needs to do in order to purge himself of the contempt is to tender $12,000.00. Accordingly, the portion of the order purporting to interpret Mr. Shoemaker's obligation going forward did not constitute an improper purge provision under Md. Rule ... Get more on HelpWriting.net ...
  • 28. Questions On The Criminal Justice System INTRODUCTION 1. In this paper I am going to consider the particular challenges that the internet, and its associated 'thundering tyde' of information, misinformation, and comment available to anyone with access to a computer, has posed to the administration of justice. 2. The criminal justice system has traditionally sought to protect jurors from exposure to prejudicial material, and the law of contempt has played a key part in this endeavour. The law places restrictions on the publication of potentially prejudicial material through the strict liability rule. And, addressing the problem from the other end, judicial directions are routinely given to juries, and these are designed to limit the risk of them being exposed to such material. 3. The current law of contempt was developed in an age which had not anticipated the information and communication revolution that we are now living through. Material that is prejudicial to criminal proceedings may now be disseminated with extraordinary speed and to a potentially unlimited audience; indeed such material may have been reposing on the internet long before even the crime leading to those proceedings has been committed, but remains accessible to anyone caring to look for it. 4. Many have been bowled over by this gathering torrent of words. The columnist Matthew Parris, considering his position on the board of free speech organisation Index on Censorship, recently wrote in The Spectator: "... we gave a considered submission ... Get more on HelpWriting.net ...
  • 29. The Controversy Of The Confederate Flag Essay Thompson 1 Flag Desecration Matthew Thompson Ponce de Leon High School College Prep English Terri Carroll December 18, 2016 Thompson 1 Outline: Flag Desecration Thesis: The controversy of the showing of the confederate flag is something huge. I. Flag Background A. Desecration Labeled Misdemeanor B. Illegal Specifics C. Permit Burning II. State Codes A. Individual State Laws B. Elements of the Flag C. Supreme Court Validation III. Bylaw for Flags A. Broke Down Specifications B. Detailed Rules Thompson 2 The controversy of the showing of the confederate flag is something huge. You have the bunch that does not like the flag, and then there is the group of individuals the support and fly the flag with pride. There are five states that have laws, in their own state, that state it is illegal to burn or deface the confederate flag. On surface, these state laws would seem to conflict the 5–4 decision made by the Supreme Court in Texas v. Johnson. The controversial case in 1989 that held up the burning the flag as an act of protected free speech. (As it is stated under the First Amendment.) ?If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable,? said Justice William Brennen in his majority opinion. ?We have not recognized an exception to this
  • 30. ... Get more on HelpWriting.net ...
  • 31. How Law Can Be Termed As A Social Phenomenon Essay Law can be termed as a social phenomenon. It is a social function, an expression of human society concerning the external relations of its individual members. Law depends on its acceptance by the society; in fact, it is made through the "general will" of the society. Society can never be static; it remains dynamic through economic, scientific and technological developments. Therefore, the Law must evolve and adapt to the changing requirements of the society. Sir David Maxwell Fyte observed: The law is not to be compared to a venerable antique to be taken down, dusted, admired and put back on the shelf; rather it is like an old, but still vigorous tree–family rooted in the history but still putting out new shoots taking new grafts and from time to time dropping dead wood. That process has been going on, is going on now and will continue. The two most essential functions of the State are War and Administration of Justice among others. Administration of Justice implies the maintenance of peace and order within the political society of the State. Today, a civilised society lives at a stage where pubic justice prevails rather than private justice. (Create link between administration of justice and rule of law) Rule of Law......... Object of the Law of Contempt Under "the Statement of Objects and Reasons" of Contempt of Courts Act, 1971, it has been 'made clear that the law relating to contempt of courts is uncertain, undefined and unsatisfactory in the country. While ... Get more on HelpWriting.net ...
  • 32. The Pros And Cons Of Committal For Civil Contemnors An Injunction; An injunction is an order of the court that directs a person to do something or to refrain from doing something / eg. Trespassing wherein a trespasser does not have the assets to meet a damages award. It will prevent some future actions (quiatimet) Committal for contempt is primarily coercive its object being to ensure that Court orders are complied with. However in cases of serious misconduct the Court has jurisdiction to punish the contemnor. An injunction in this case will prevent the protestors from obstructing the workers. When exercising its powers for coercive purposes the jurisdiction to imprison for an indefinite period for civil contempt is one to be exercised sparingly. If there is any other means whereby compliance... Show more content on Helpwriting.net ... If the protestors continue to engage in their destructive behaviour they are many consequences that may occur. Any one of the following consequences may be enforced on the protestors depending on the extent of their destructive actions. The protestors may have to pay a fine which is already set out in the Statute, the fine is revised every now and again. Failure to pay this fine after a certain period of time can lead to a more serious consequence such as imprisonment. On spot fines can also be a consequence and no prosecution will occur if they are paid. Imprisonment can be a consequence, a sentence can be implied by the court but the actual length of the sentence is chosen by the government. A sentence will tend to be a short one in cases like this, long sentences will only be enforced when a very serious offence has been committed. The minister for justice can remit sentences and give prisoners temporary release if they have been on good ... Get more on HelpWriting.net ...
  • 33. Child Support Research Paper How do you Enforce a Child Support Order in Texas? Have you considered hiring a child support attorney? It's easy and cost–effective to hire an enforcement attorney for your child support needs. You have a court order including provisions establishing child support, however, the parent required to pay child support has fallen behind on payments or has stopped paying altogether. You may need to go back to court for help enforcing the child support order. Remedies In Texas, if you the obligee (person entitled to receive child support payments) are owed child support you can ask the court to help you collect the past–due support. The court can order several remedies against the obligor (person ordered to pay child support) to help you collect... Show more content on Helpwriting.net ... The documents will be served on the obligor by either a private process server or constable. Hearing The summons will state when the hearing will be held. It is at this hearing that obligee will have the opportunity to prove whether the obligor failed to follow the court order. A judge will have several choices in a motion for enforcement case. Oftentimes, the judge may fine and/or jail the delinquent parent for contempt of court. The judge may even require that the delinquent parent pays a portion of the outstanding amount prior to being released from jail. Final Closing A party can file a motion for enforcement without an attorney however, it is not recommended if you do not have experience filing and representing yourself in motion fro enforcement. If you fail to present, the enforcement in the correct manner then you risk having your case dismissed. How can a Child Support Attorneys with the Brandy Austin Law Firm Help You? If you or your child's parent is behind on child support, call the Brandy Austin Law Firm and let us fight for your rights. We can help you through the entire process. Call today for a free consultation at (817 ... Get more on HelpWriting.net ...
  • 34. Trial by Media Chapter I Introductory The subject of 'Trial by Media' is discussed by civil rights activists, Constitutional lawyers, judges and academics almost every day in recent times. With the coming into being of the television and cable–channels, the amount of publicity which any crime or suspect or accused gets in the media has reached alarming proportions. Innocents may be condemned for no reason or those who are guilty may not get a fair trial or may get a higher sentence after trial than they deserved. There appears to be very little restraint in the media in so far as the administration of criminal justice is concerned. We are aware that in a democratic country like ours, freedom of expression is an important right but such aright is not... Show more content on Helpwriting.net ... Zee Telefilms (IA 8185/2003 in Suit No. 1543/2003 dated 24.1.2005) aptly describe the state of affairs of today's media. He says that journalism and ethics stand apart. While journalists are distinctive facilitators for the democratic process to function without hindrance the media has to follow the virtues of 'accuracy, honesty, truth, objectivity, fairness, balanced reporting, respect or autonomy of ordinary people'. These are all part of the democratic process. But practical considerations, namely, pursuit of successful career, promotion to be obtained, compulsion of meeting deadlines and satisfying Media Managers by meeting growth targets, are recognized as factors for the 'temptation to print trivial stories salaciously presented'. In the temptation to sell stories, what is presented is what 'public is interested in' rather than 'what is in public interest'. Suspects and accused apart, even victims and witnesses suffer from excessive publicity and invasion of their privacy rights. Police are presented in poor light by the media and their morale too suffers. The day after the report of crime is published; media says 'Police have no cue'. Then, whatever gossip the media gathers about the line of investigation by the official agencies, it gives such publicity in respect of the information that the person who has indeed committed the crime, can move away to safer places. The pressure on the police from media day by day builds up and reaches a stage where police feel ... Get more on HelpWriting.net ...
  • 35. Roles Of A Jury Essay What is a Jury and Role of Jury A jury based trials are present most of the time in criminal cases and also civil cases but in civil cases it's only used 1% of the time. The jury system is an important part of the Magna Carta [1215]. In a civil case there are 8 jurors present and in a criminal case the jury system consists of 12 people that are randomly selected by an electoral system but will be vetted to see if they are eligible to be part of the jury. The jury system has been part of the English Legal system for the past 800 years. Jurors used to research the case beforehand before the reign of king Henry 2. The modern day jury system makesure the jurors have little to no knowledge before hearing the case so that they can make a non ... Show more content on Helpwriting.net ... The courts did this so that the verdicts formed by the jury was based on fair trial and innocent people would not get convicted guilty by the jury based on gossip formed by the public. In the past, it was easier for the courts to shield jurors from gossip or what not. However, in the modern age it is much more difficult due to the presence of the Internet . In the past, searching for information outside of the courtroom was a lengthy and difficult task so it was easy for the courts to deter the jurors from searching for information. In modern times information over the case could be found through newspaper articles and online stories by a snap of a finger. The courts have warned jurors time and time again not to research the case because they could be charged with offence or contempt but it still happens time and time again. The case that shows how outside material could cause a trial to not be fair is R v Marshall and Crump (2007), two defendants that were charged with offences that included robbery and manslaughter claimed they didn't have a fair trial because after their convictions, material off the Internet was found in the jury room that was a contempt of court and it was not fair because their convictions might have been bias to media speculation resulting to a wrongful ... Get more on HelpWriting.net ...
  • 36. Case Court Bar Association V. Union Of India Essay In this case court cancels the license of advocate from practising legal profession in exercising the contempt jurisdiction by the Supreme Court or High Court. Though this case was repealed in Supreme Court Bar Association V. Union of India, AIR 199 SC 1895. The facts are as Bansal Forgings Ltd took loan from the UP Financial Corporation and it made default in payment of instalment of the same. The Corporation proceeded against the Company under Sec 29 of the UP Financial Corporation Act. The Company filed a civil suit against the corporation and it had also filed an application for grant of temporary injunction. Counsel for the corporation suo motu put appearance in the matter before trial court and prayed for time for filing of reply. The learned trial Court passed an order on the said date and this order was as follows: "The corporation will not seize the factory of the Company. The Company shall pay the amount of instalments and will furnish also security for disputed amount." The Trial Court directed to furnish security on 31/01/94 and the case was fixed on 15/03/94. Against the said order of the trial Court the appeal was filed in the High Court and the argument was advanced that the Court had no jurisdiction to pass the order for payment of instalment of loan and no security could have ordered. During the argument the event leading to contempt happened. Justice S.K. Keshote against whom the contempt was committed wrote a letter to the Acting Chief Justice of ... Get more on HelpWriting.net ...
  • 37. Lee County DHR Case Summary Lee County DHR's testimony revealed that the case with the non–custodial parent (NCP), Felton Harley, Jr., begin back in 1992 when the custodial parent(CP), Wanda Marshall, applied for services to establish a paternity order, income withholding (IWO), and medical. An order was established and the NCP was paying child support. On July 9, 2008, the CP requested enforcement; DHR filed contempt against the NCP because he had not paid a child support payment since April 2008. The NCP appeared in court and paid $400.00; the court dismissed the review because an IWO had been mailed and the payments were being received through the IWO. On November 5, 2010, a contempt action was filed again, due to the NCP not paying child support since August 2010. ... Show more content on Helpwriting.net ... On October 22, 2014, the FIDM lien was requested in accordance with the Code of Alabama 1975 30–3, 30–3–197 and 30–3–198. On October 23, 2014, the Secretary of State acknowledged the lien and the levy was requested. On the same day, the Notice of Levy was sent to the financial institution. On October 27, 2014, the levy package was generated for the NCP. On December 9, 2014, the Lien Unit received a notice from the Navy Federal Credit Union that account numbers 3019677362, 3044625709, 7034239553, and 3044624900; the accounts have zero funds for payment. The levy was released; it was re–added due to the account on the FIDM screen; not listed on notice having funds. On that same day, the FIDM levy was released on the account #530116705. Again, on that day, the FIDM levy was requested and the notice was sent to the financial institution. On December 11, 2014, the FIDM Levy package was produced. On February 25, 2015, the NCP contacted the Lien Unit and stated that he had sent a statement of benefits letter from social security about two weeks ago. The Lien Unit told him that they had not received the information and requested the NCP to send the information and the Request for a Review Form via fax to expedite the process. On March 20, 2015, the Lien Unit contacted the NCP; he stated he mailed the statement from social security about a month ago and wanted confirmation that it was received. The NCP was advised that no documents had been received. Again, the Lien Unit requested the NCP to fax in the documents. On March 25, 2015, through contact of voice mail, the Lien Unit requested the NCP's last three months bank statements on the account affected by the lien or where the social security benefits are deposited. Later that day, the Lien Unit informed the NCP that theSocial Security Administration ... Get more on HelpWriting.net ...
  • 38. Greene Vs Cv-799 Case Study IN THE CHANCERY COURT OF CHESTER COUNTY, TENNESSEE AMANDA LEANN GREENE PLANTIFF/RESPONDENT VS. NO. 14–CV–799 KEVIN WESLEY BARTHOLOMEW DEFENDANT/PETITIONER RESPONSE TO PETITION FOR MODIFICATION AND FOR CONTEMPT Comes now your Respondent, Amanda LeAnn Greene, in support of Response to Petition for Modification and Contempt would state and show unto this Honorable Court as follows: Agreed Agreed Agreed Agreed Denied. The mother has stable employment and has tested negative on multiple urine drug screen within the past year. The mother does not live with someone with such charge. The mother was injured on the job in March 2016, which was known ... Get more on HelpWriting.net ...
  • 39. Circuit Court Case Analysis On June 28, 2013, appellee, Jennifer Brandeen, ("Mother"), was awarded an absolute divorce from appellant, David Brandeen, ("Father") in the Circuit Court for Anne Arundel County. The circuit court amended its judgment on November 6, 2013. Mother later appealed the circuit court's decision to this court, where we affirmed the circuit court's judgment except on a question relating to the court's marital property award. Father, sought––and was granted––an en banc review of the circuit court's judgment. After the en banc review, the circuit court's judgment was affirmed. Beginning on February 24, 2014, and extending through March of 2015, the parties filed a litany of motions to either enforce or modify the circuit court's judgment in the divorce decree. Namely, Father filed a Petition for Modification of Custody and Additional Relief, an Expedited Motion for Reduction in... Show more content on Helpwriting.net ... On August 14, 2015, the final day of the hearing, the court denied Father's motion to modify custody, except with respect to an order regarding the exchange of the minor children. The court denied Father's motion to modify his child–support obligation. Further, the court found husband in contempt for failure to pay child–support. Additionally, the court found Wife in contempt for a missed visitation following the en banc hearing in September of 2014. Finally, the court awarded Mother $20,000 in attorney's fees. On appeal, Father challenges the circuit court's decision on his motion to modify custody, the circuit court's denial of his motion to modify child–support, the circuit court's decisions finding him in contempt and failing to hold Mother in contempt, and the grant court's grant of attorney's fees to Mother. Specifically, Father presents four questions for our review, which we rephrase as follows: 1. Whether the circuit court erred in modifying its child–custody ... Get more on HelpWriting.net ...
  • 40. The Effects Of Jurors ' Consulting The Internet And Social... The 21st century is one of rapid technological change. The internet has become an increasingly prevalent practice in many individuals' lives, with its persuasiveness spreading into the social realm. Technologies such as mobile phones– combined with search engines, blogs and social media, namely Twitter and Facebook –have become widespread. The effect of these types of technologies has become apparent in the courtroom and poses many new litigation challenges, ultimately impeding the administration of justice. This essay will be examining the effects of jurors' consulting the internet and social media, assessing the current law and procedure on juror misconduct and highlighting the possible solutions to overcome this issue. In order to assess whether jurors should be allowed to consult the internet and social media, there are a number of considerations to be made. Firstly, it is essential to understand the external influences, which may be imposed upon the jury. Looking for information on–line and using search engines such as "Google" have become a habitual practice in the modern world. Jurors may be tempted to carry out their own research into the case to expand their knowledge, ensuring they are making the correct decision. Studies have shown that conducting internet research allows a juror to find out media accounts of the case, physical or other factual evidence, expert opinions, personal information on the parties involved including their criminal history, and the ... Get more on HelpWriting.net ...