discovery and judicial efficiency.docx
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Chapter 7 of the textbook explores how political leanings influence judicial appointments and court rulings, which is particularly evident in civil cases involving business and economic issues. Chapter 11 provides an overview of different types of civil law and the civil litigation process. A handbook from the U.S. District Court for the Middle District of Florida outlines the rules and procedures for discovery in civil cases in that court. An additional article explains the nature of civil cases in federal courts.
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Off-Bench Commentaries of Federal Judges A Case Study
This document provides an overview and analysis of off-bench commentaries by federal judges. It begins with background on the evolving role of federal judges and the development of extrajudicial speech. It then discusses the scope of the paper's focus on "commentaries" and exclusions. The document outlines the relevant Canons of the Code of Judicial Conduct and analyzes five examples of judges' public commentaries, discussing which crossed ethical lines and which contributed to public knowledge within the guidelines. It concludes by considering how digital communication may impact judicial speech going forward.
BBA 3210, Business Law 1 Course Learning Outcomes for.docx
BBA 3210, Business Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
4. Demonstrate research skills using all modalities available for legal issues.
4.1 Identify the various forms of alternative dispute resolution (ADR).
Reading Assignment
Chapter 1:
An Introduction to the Fundamentals of Dynamic Business Law
Chapter 3:
The U.S. Legal System and Alternative Dispute Resolution
Unit Lesson
Introduction to Business Law
Law—a brief definition: Business law is defined law as “the enforceable rules of conduct that govern the
actions of buyers and sellers in market exchanges” (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016,
p. 3). Business law intersects with the six functional areas of business. These include corporate management,
production and transportation, marketing, research and development, accounting and finance, and human
resource management. These are the core activities in business, and the law plays a significant role in all
(Kubasek et al., 2016).
Law is dynamic, and in some senses, it is a living thing. This core concept requires understanding of the
origins of law. Law embodies fundamental rules of behavior and the institutions of defining, changing,
clarifying, refining, redefining, and applying these rules. It is the natural consequence of humans living and
working together. For an ordered society to exist, there has to be a way to resolve the inevitable disputes that
come up. Law can be seen as the activity of subjecting human conduct to the governance of rules. Business
law encompasses the rules of conduct for commercial relationships.
What are the roots of law? At some point in your upbringing, you learned the difference between right and
wrong. Your home life and the experiences you had in school, church, and/or in the larger community all
impacted your viewpoint on right and wrong.
One way to classify law is private versus public law. Private law is for resolution of disputes between private
individuals or groups, whereas public law addresses disputes between private individuals or groups and their
government. Both private and public law are significant for business law.
Another classification is civil versus criminal law. Civil law governs the rights and responsibilities either
between persons or between persons and their government. Criminal law is the body of laws that involves the
rights and responsibilities an individual has with respect to the public as a whole. A clear example of the
dichotomy was displayed in the O.J. Simpson trial—O.J. was found not guilty in his criminal case for the
murders of Nicole Brown Simpson and Ronald Goldman, but he was found to be legally responsible for their
deaths in his civil case.
UNIT I STUDY GUIDE
The Nature of Law, Judicial Process,
and Alternative Dispute Resolution
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
Law evolves. It predates reco ...
Illinois Personal Injury Litigation study
Since county judges are elected in Illinois through a partisan process, the party identification of a judge undoubtedly affects the partisan composition of the court, and as a result, its tendency to make liberal or conservative decisions. The aforementioned findings support the long time and widely held theory that Democratic judges rule more favorably to Plaintiff, and Republican judges rule more favorably to Defendant in personal injury lawsuits. Moreover, the findings from this original research point to the importance of conducting further research on the impact of partisanship on county courts, as well as tort reform in personal injury litigation more specifically.
Results from the study are found on pages 21 through 28.
Bus Law Chap 1 Powerpoint Presentation
The document provides an overview of a business law course, including key concepts that will be introduced. It discusses the sources of law, classifications of law, and limits placed on government by the US Constitution. It emphasizes that critical thinking is important for understanding the legal system. Critical thinking involves questioning information, considering alternative explanations, avoiding biases, and examining the evidence and assumptions underlying arguments. The document provides several rules for students to follow to develop their critical thinking skills for the course.
Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, H
Chapter 2
2 THE LAW AND TALENT MANAGEMENT
Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
Every public opinion poll based on representative national samples drawn between 1950 and the present shows that a majority of Americans—black, brown, and white—support EEO and reject differential treatment based on race, regardless of its alleged purposes or results. There is agreement about the ends to be achieved, but there is disagreement about the means to be used (Von Drehle, 2003). EEO has been, and is still, an emotionally charged issue. Congress has provided sound legal bases for effecting changes in EEO through sweeping civil rights legislation. Subsequently, thousan ...
The Study of Law Currier, K.A., Eimermann, T.E. (2016). Th.docx
The Study of Law
Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.).
New York: Wolters Kluwer
Aspen College Series
The Study of Law
A Critical Thinking Approach
Fourth Edition
Katherine A. Currier • Thomas E. Eimermann
• ®Wolters Kluwer
Introduction to the
Study of Law
The study of the law qualifies a [wo]man to be useful
to self, to neighbors, and to the public.
HAPTER OBJECTIVES
- .:....er reading this chapter, you should be able to:
• Explain why it is important to study law.
• Define cause of action and explain why one does not always exist.
• Discuss why enacted law frequently contains ambiguities.
• Contrast mandatory with persuasive authority.
• Use case briefing to summarize court opinions.
• Define stare decisis and explain why it is important.
:TRODUCTION
e designed this textbook to provide you with a general introduction to the
-~e of our legal system. Our main goals with this text are to help you under-
:aad how the American legal system operates and to introduce you to the legal
-=-- · ciples that form the basis of our law in areas such as criminal law, torts,
Unknown
3
• 4 Chapter 1: Introduction to the Study of law
contracts, property, business organizations, and family law. We also designed
this text to develop the critical thinking skills you will need to understand stat-
utes, court opinions, and administrative regulations.
Throughout the text, we illustrate what can often be difficult legal concepts
with references to "famous cases" you may have heard about and to short fac-
tual scenarios we created to illustrate how the law affects people and businesses.
Let's get started by introducing the first two of these hypothetical cases. Keep
them in mind as you read the rest of this chapter and the chapters that follow.
Case 1: The Distressed Grandfather
Approximately one year ago, Donald Drake
and his six-year-old grandson, Philip, were walk-
ing down a residential road on their way home
from visiting one of Philip's friends. Philip was
walking on the sidewalk approximately 30 feet
in front of Mr. Drake. Suddenly, a car sped past
Mr. Drake, seemingly went out of control, jumped
the curb, and hit Philip. Mr. Drake ran to Philip's
side, but it was too late. Philip had been killed
instantly. The driver of the car, Mrs. Wilma Small,
was unhurt. Based on skid marks and testimony
from both Mrs. Small and Mr. Drake, the police
investigation following the accident determined
that excessive speed was the cause of the accident.
Mr. Drake said that at the time of the acci-
dent his only concern was for the welfare of his
grandson because he himself was clear of the
danger. Naturally, Mr. Drake suffered a great deal
of mental pain and shock because of seeing his
grandson killed. While being driven home from
the accident, he suffered a heart attack that neces-
sitated a lengthy hospital stay.
One year later, he sti ...
Berkeley Journal of Criminal LawVolume 12 Issue 1 Articl.docx
Berkeley Journal of Criminal Law
Volume 12 | Issue 1 Article 3
2007
Risky Business: Criminal Specialty Courts and the
Ethical Obligations of the Zealous Criminal
Defender
Tamar M. Meekins
Link to publisher version (DOI)
http://dx.doi.org/doi:10.15779/Z38NK7X
This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been
accepted for inclusion in Berkeley Journal of Criminal Law by an authorized administrator of Berkeley Law Scholarship Repository. For more
information, please contact [email protected]
Recommended Citation
Tamar M. Meekins, Risky Business: Criminal Specialty Courts and the Ethical Obligations of the Zealous Criminal Defender, 12 Berkeley
J. Crim. L. 75 (2007).
Available at: http://scholarship.law.berkeley.edu/bjcl/vol12/iss1/3
http://scholarship.law.berkeley.edu/bjcl
http://scholarship.law.berkeley.edu/bjcl/vol12
http://scholarship.law.berkeley.edu/bjcl/vol12/iss1
http://scholarship.law.berkeley.edu/bjcl/vol12/iss1/3
http://dx.doi.org/doi:10.15779/Z38NK7X
mailto:[email protected]
ARTICLE 3 MIEKINS DOt 10 14 2007410 O7PM
Risky Business: Criminal Specialty
Courts and the Ethical Obligations of the
Zealous Criminal Defender
Tamar M. Meekinst
Recently, while waiting in the local community court i with a student from
the Howard University School of Law Criminal Justice Clinic, 2 1 witnessed a
defendant requesting that a new lawyer be appointed to her case. The
defendant complained to the judge that her court-appointed lawyer did not tell
her what was going on in her case, and that he had been working against her.
The judge asked us to take over the case, and we interviewed this new client.
With tears streaming down her face, our new client explained that she felt that
T Associate Professor and Clinical Director, Howard University School of Law. 1 would
like to thank my family. two very special people, my sister, Harolyn. and my niece, Leah, for their
constant support and encouragement in writing this article. Also, as always, my colleagues and
students at Howard Law have been a consistent force, providing guidance. intellectual stimulation.
and support. Associate Dean Okianer Christian Dark and Dean Kurt L. Schmoke were always
very supportive and I wish to thank Professors Andrew Taslitz, Alice Gresham, LateefMtima, and
Josephine Ross for their time in reviewing drafts and discussing concepts with me during the
writing of this article. My research assistants, Keitha Johnson and Natalie Lawson, also provided
in valuable assistance in the writing of this article, and I express my deep gratitude to them both.
1. The District of Columbia has established a community court called the East of the River
Community Court, which focuses on misdemeanor offenses that are alleged to have been
committed in the sixth and seventh police districts in the city. Cases are automatically assigned to
the calendar at the time of arraignment. A small cadre ...
Indmnity Of Legal Rights
This document provides an overview of the effects of legal fee shifting, or indemnification, on litigation decisions and outcomes. It discusses how fee shifting influences parties' incentives to expend resources during litigation, decisions to bring or defend lawsuits, and choices between settlement and trial. The document also examines how fee shifting rules interact with incentives for efficient behavior and considers variants like those based on settlement negotiations or margins of victory. While fee shifting aims to remedy some externalities, it also fails to address and may exacerbate others, making its overall impact on litigation costs ambiguous.
Recommended
Off-Bench Commentaries of Federal Judges A Case Study
This document provides an overview and analysis of off-bench commentaries by federal judges. It begins with background on the evolving role of federal judges and the development of extrajudicial speech. It then discusses the scope of the paper's focus on "commentaries" and exclusions. The document outlines the relevant Canons of the Code of Judicial Conduct and analyzes five examples of judges' public commentaries, discussing which crossed ethical lines and which contributed to public knowledge within the guidelines. It concludes by considering how digital communication may impact judicial speech going forward.
BBA 3210, Business Law 1 Course Learning Outcomes for.docx
BBA 3210, Business Law 1
Course Learning Outcomes for Unit I
Upon completion of this unit, students should be able to:
4. Demonstrate research skills using all modalities available for legal issues.
4.1 Identify the various forms of alternative dispute resolution (ADR).
Reading Assignment
Chapter 1:
An Introduction to the Fundamentals of Dynamic Business Law
Chapter 3:
The U.S. Legal System and Alternative Dispute Resolution
Unit Lesson
Introduction to Business Law
Law—a brief definition: Business law is defined law as “the enforceable rules of conduct that govern the
actions of buyers and sellers in market exchanges” (Kubasek, Browne, Herron, Dhooge, & Barkacs, 2016,
p. 3). Business law intersects with the six functional areas of business. These include corporate management,
production and transportation, marketing, research and development, accounting and finance, and human
resource management. These are the core activities in business, and the law plays a significant role in all
(Kubasek et al., 2016).
Law is dynamic, and in some senses, it is a living thing. This core concept requires understanding of the
origins of law. Law embodies fundamental rules of behavior and the institutions of defining, changing,
clarifying, refining, redefining, and applying these rules. It is the natural consequence of humans living and
working together. For an ordered society to exist, there has to be a way to resolve the inevitable disputes that
come up. Law can be seen as the activity of subjecting human conduct to the governance of rules. Business
law encompasses the rules of conduct for commercial relationships.
What are the roots of law? At some point in your upbringing, you learned the difference between right and
wrong. Your home life and the experiences you had in school, church, and/or in the larger community all
impacted your viewpoint on right and wrong.
One way to classify law is private versus public law. Private law is for resolution of disputes between private
individuals or groups, whereas public law addresses disputes between private individuals or groups and their
government. Both private and public law are significant for business law.
Another classification is civil versus criminal law. Civil law governs the rights and responsibilities either
between persons or between persons and their government. Criminal law is the body of laws that involves the
rights and responsibilities an individual has with respect to the public as a whole. A clear example of the
dichotomy was displayed in the O.J. Simpson trial—O.J. was found not guilty in his criminal case for the
murders of Nicole Brown Simpson and Ronald Goldman, but he was found to be legally responsible for their
deaths in his civil case.
UNIT I STUDY GUIDE
The Nature of Law, Judicial Process,
and Alternative Dispute Resolution
BBA 3210, Business Law 2
UNIT x STUDY GUIDE
Title
Law evolves. It predates reco ...
Illinois Personal Injury Litigation study
Since county judges are elected in Illinois through a partisan process, the party identification of a judge undoubtedly affects the partisan composition of the court, and as a result, its tendency to make liberal or conservative decisions. The aforementioned findings support the long time and widely held theory that Democratic judges rule more favorably to Plaintiff, and Republican judges rule more favorably to Defendant in personal injury lawsuits. Moreover, the findings from this original research point to the importance of conducting further research on the impact of partisanship on county courts, as well as tort reform in personal injury litigation more specifically.
Results from the study are found on pages 21 through 28.
Bus Law Chap 1 Powerpoint Presentation
The document provides an overview of a business law course, including key concepts that will be introduced. It discusses the sources of law, classifications of law, and limits placed on government by the US Constitution. It emphasizes that critical thinking is important for understanding the legal system. Critical thinking involves questioning information, considering alternative explanations, avoiding biases, and examining the evidence and assumptions underlying arguments. The document provides several rules for students to follow to develop their critical thinking skills for the course.
Chapter 22 THE LAW AND TALENT MANAGEMENTWayne F. Cascio, H
Chapter 2
2 THE LAW AND TALENT MANAGEMENT
Wayne F. Cascio, Herman Aguinis
Learning Goals
By the end of this chapter, you will be able to do the following:
· 2.1 Describe the framework of the U.S. legal system
· 2.2 Describe alternative legal routes for complaints against an employer’s employment practices
· 2.3 Explain the two major legal theories of unfair employment discrimination
· 2.4 Understand the major legal principles that define key civil rights laws
· 2.5 Identify the six exemptions to Title VII coverage
· 2.6 Define sexual harassment and identify preventive steps employers should take
· 2.7 Know when you can and cannot justify “English-only” rules in the workplace
· 2.8 Understand how to prevent age-discrimination claims when downsizing or terminating workers for cause
Comprehensive employment-related legislation, combined with increased motivation on the part of individuals to rectify unfair employment practices, makes the legal aspects of employment among the most dominant issues in human resource management today. All three branches of the federal government have been actively involved in ongoing efforts to guarantee equal employment opportunity (EEO) as a fundamental individual right, regardless of race, color, age, gender, religion, national origin, or disability.
All aspects of the employment relationship, including initial screening, recruitment, selection, placement, compensation, training, promotion, and performance management, have been addressed by legislative and executive pronouncements and by legal interpretations from the courts. With growing regularity, I/O psychologists and HR professionals are being called on to work with attorneys, the courts, and federal regulatory agencies. It is imperative, therefore, to understand thoroughly the rights as well as obligations of individuals and employers under the law and to ensure that these are translated into everyday practice in accordance with legal guidelines promulgated by federal regulatory agencies. Affirmative action involves a proactive examination of whether equality of opportunity exists. If it does not, a plan is implemented for taking concrete measures to eliminate the barriers and to establish true equality (Society for Human Resource Management, 2016b). Affirmative action has become a fact of modern organizational life. To ignore it is to risk serious economic, human, and social costs.
Every public opinion poll based on representative national samples drawn between 1950 and the present shows that a majority of Americans—black, brown, and white—support EEO and reject differential treatment based on race, regardless of its alleged purposes or results. There is agreement about the ends to be achieved, but there is disagreement about the means to be used (Von Drehle, 2003). EEO has been, and is still, an emotionally charged issue. Congress has provided sound legal bases for effecting changes in EEO through sweeping civil rights legislation. Subsequently, thousan ...
The Study of Law Currier, K.A., Eimermann, T.E. (2016). Th.docx
The Study of Law
Currier, K.A., Eimermann, T.E. (2016). The study of law: A critical thinking approach (4th ed.).
New York: Wolters Kluwer
Aspen College Series
The Study of Law
A Critical Thinking Approach
Fourth Edition
Katherine A. Currier • Thomas E. Eimermann
• ®Wolters Kluwer
Introduction to the
Study of Law
The study of the law qualifies a [wo]man to be useful
to self, to neighbors, and to the public.
HAPTER OBJECTIVES
- .:....er reading this chapter, you should be able to:
• Explain why it is important to study law.
• Define cause of action and explain why one does not always exist.
• Discuss why enacted law frequently contains ambiguities.
• Contrast mandatory with persuasive authority.
• Use case briefing to summarize court opinions.
• Define stare decisis and explain why it is important.
:TRODUCTION
e designed this textbook to provide you with a general introduction to the
-~e of our legal system. Our main goals with this text are to help you under-
:aad how the American legal system operates and to introduce you to the legal
-=-- · ciples that form the basis of our law in areas such as criminal law, torts,
Unknown
3
• 4 Chapter 1: Introduction to the Study of law
contracts, property, business organizations, and family law. We also designed
this text to develop the critical thinking skills you will need to understand stat-
utes, court opinions, and administrative regulations.
Throughout the text, we illustrate what can often be difficult legal concepts
with references to "famous cases" you may have heard about and to short fac-
tual scenarios we created to illustrate how the law affects people and businesses.
Let's get started by introducing the first two of these hypothetical cases. Keep
them in mind as you read the rest of this chapter and the chapters that follow.
Case 1: The Distressed Grandfather
Approximately one year ago, Donald Drake
and his six-year-old grandson, Philip, were walk-
ing down a residential road on their way home
from visiting one of Philip's friends. Philip was
walking on the sidewalk approximately 30 feet
in front of Mr. Drake. Suddenly, a car sped past
Mr. Drake, seemingly went out of control, jumped
the curb, and hit Philip. Mr. Drake ran to Philip's
side, but it was too late. Philip had been killed
instantly. The driver of the car, Mrs. Wilma Small,
was unhurt. Based on skid marks and testimony
from both Mrs. Small and Mr. Drake, the police
investigation following the accident determined
that excessive speed was the cause of the accident.
Mr. Drake said that at the time of the acci-
dent his only concern was for the welfare of his
grandson because he himself was clear of the
danger. Naturally, Mr. Drake suffered a great deal
of mental pain and shock because of seeing his
grandson killed. While being driven home from
the accident, he suffered a heart attack that neces-
sitated a lengthy hospital stay.
One year later, he sti ...
Berkeley Journal of Criminal LawVolume 12 Issue 1 Articl.docx
Berkeley Journal of Criminal Law
Volume 12 | Issue 1 Article 3
2007
Risky Business: Criminal Specialty Courts and the
Ethical Obligations of the Zealous Criminal
Defender
Tamar M. Meekins
Link to publisher version (DOI)
http://dx.doi.org/doi:10.15779/Z38NK7X
This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been
accepted for inclusion in Berkeley Journal of Criminal Law by an authorized administrator of Berkeley Law Scholarship Repository. For more
information, please contact [email protected]
Recommended Citation
Tamar M. Meekins, Risky Business: Criminal Specialty Courts and the Ethical Obligations of the Zealous Criminal Defender, 12 Berkeley
J. Crim. L. 75 (2007).
Available at: http://scholarship.law.berkeley.edu/bjcl/vol12/iss1/3
http://scholarship.law.berkeley.edu/bjcl
http://scholarship.law.berkeley.edu/bjcl/vol12
http://scholarship.law.berkeley.edu/bjcl/vol12/iss1
http://scholarship.law.berkeley.edu/bjcl/vol12/iss1/3
http://dx.doi.org/doi:10.15779/Z38NK7X
mailto:[email protected]
ARTICLE 3 MIEKINS DOt 10 14 2007410 O7PM
Risky Business: Criminal Specialty
Courts and the Ethical Obligations of the
Zealous Criminal Defender
Tamar M. Meekinst
Recently, while waiting in the local community court i with a student from
the Howard University School of Law Criminal Justice Clinic, 2 1 witnessed a
defendant requesting that a new lawyer be appointed to her case. The
defendant complained to the judge that her court-appointed lawyer did not tell
her what was going on in her case, and that he had been working against her.
The judge asked us to take over the case, and we interviewed this new client.
With tears streaming down her face, our new client explained that she felt that
T Associate Professor and Clinical Director, Howard University School of Law. 1 would
like to thank my family. two very special people, my sister, Harolyn. and my niece, Leah, for their
constant support and encouragement in writing this article. Also, as always, my colleagues and
students at Howard Law have been a consistent force, providing guidance. intellectual stimulation.
and support. Associate Dean Okianer Christian Dark and Dean Kurt L. Schmoke were always
very supportive and I wish to thank Professors Andrew Taslitz, Alice Gresham, LateefMtima, and
Josephine Ross for their time in reviewing drafts and discussing concepts with me during the
writing of this article. My research assistants, Keitha Johnson and Natalie Lawson, also provided
in valuable assistance in the writing of this article, and I express my deep gratitude to them both.
1. The District of Columbia has established a community court called the East of the River
Community Court, which focuses on misdemeanor offenses that are alleged to have been
committed in the sixth and seventh police districts in the city. Cases are automatically assigned to
the calendar at the time of arraignment. A small cadre ...
Indmnity Of Legal Rights
This document provides an overview of the effects of legal fee shifting, or indemnification, on litigation decisions and outcomes. It discusses how fee shifting influences parties' incentives to expend resources during litigation, decisions to bring or defend lawsuits, and choices between settlement and trial. The document also examines how fee shifting rules interact with incentives for efficient behavior and considers variants like those based on settlement negotiations or margins of victory. While fee shifting aims to remedy some externalities, it also fails to address and may exacerbate others, making its overall impact on litigation costs ambiguous.
blind justice a case for judiciary impartiality in the philippine supreme court
This study examines whether the wealth and resources of litigants influences outcomes in the Philippine Supreme Court. It analyzes 350 public and private law cases from 2008. The study finds that a litigant's wealth and ability to harness resources does not significantly impact whether their appeal is granted. This contradicts previous research that found Filipino judges favored poorer litigants during the Marcos regime. The results imply that Supreme Court justices make decisions based on the legal merits of cases rather than being swayed by litigants' resources or backgrounds.
Running Head ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT.docx
Running Head: ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT1
ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT2
Role of Law and Court in Today’s Business Environment
Elvis Seumanu
ETH/321
Willie Larry JR
January 28, 2017
Abstract
The discussion is focused on the roles of law and court in today’s business environment where the writer examines the difference between the federal courts and the state court. More so, the paper describes the concept of judicial review as used in the United States. It also explains the laws and regulations affecting a longshoreman working in Hawaii. Finally, the paper accounts for the alternative dispute resolution (ADR).From a precise analysis and examples in the discussion, every individual in the business environment can learn and understand the role of laws and courts in the environment they operate in and therefore strive to abide by the constitutional legislation and rights.
A court is a chamber where justice is administered, or trials are held. All countries have a court to ensure justice prevails and ensures the law is enforced according to the constitution. In the United States, we have different levels of courts with different structures and among them are the federal court and the State court. The federal court is headed by a chief justice appointed by the president, followed by the president of the Supreme Court, chief judges, and the judges (Williams, 1995). On the other hand, the state court has fewer responsibilities and operates under the federal state where they handle civil cases within the state like Hawaii islands. The main difference of the duo is their jurisdiction, the region they operate and the law they enforce, federal courts handles criminal cases from all the states following the constitutional laws and the state court handles civil matters and petty crime cases within the state region following the state laws. The discussion below examines the role of legislation and courts in different environments in both the high level of the judiciary, federal court and the state court about my present job of a longshoreman dock worker) in Hawaii islands.
The judiciary is composed of different agencies that work together to ensure that every decision made is constitutionally right. Considering the United States federal court and the state court in Hawaii who operate under different laws that are the federal and the state laws at some point the rules may contradict or conform to the overall constitutional laws that govern them. Here comes the concept of judicial review that relates to the power of the court to examine the legislative decisions and establish whether they are constitutional or unconstitutional (Engdahl, 1992). All agencies operating under the judiciary must abide by the constitutional laws and hence the need for a judicial review to ensure the constitution remains the chief justice and law enforcement tool. In most cases, the Supreme Court makes the judiciar ...
Week 2 Discussion Evidence-Based Arguments.Required Resources.docx
Week 2 Discussion: Evidence-Based Arguments
.
Required Resources
Read/review the following resources for this activity:
· Textbook: Chapter 3, 4
· Minimum of 1 scholarly source
Initial Post Instructions
Evidence-based practice requires...evidence. The careful collection of evidence is the first job of every medical practitioner, not least the nurse, who has the most extensive and intimate contact with the patient. However, it does not stop with the nurse. Whatever your role - social worker, hospital administration, human services - whether your problem is the allocation of scarce resources, where to add or cut staff, or the treatment plan for a patient, you will need to present and defend your position in a clearly structured argument
For this discussion, address the following:
· Explain how applying the methods of analyzing an argument can help you make and win your point.
· As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings?
· Provide an example of how you might diagram your findings.
Follow-Up Post Instructions
Respond to at least two peers or one peer and the instructor. Further the dialogue by providing more information and clarification.
Writing Requirements
· Minimum of 3 posts (1 initial & 2 follow-up)
· APA format for in-text citations and list of references
Grading
This activity will be graded using the Discussion Grading Rubric. Please review the following link:
· Link (webpage): Discussion Guidelines
Course Outcomes (CO): 2
Due Date for Initial Post: By 11a.m. EST on Wednesday
Search entries or author Filter replies by unreadUnread Collapse replies Expand replies
Subscribe
ReplyReply to Week 2 Discussion: Evidence-Based Arguments
·
Collapse SubdiscussionRussell Waltz
Manage Discussion Entry
Opening Post
Hello Class,
Welcome to Week 2! You may begin posting on Day 1, which is Monday, for credit. This week, we will be discussing the difference between providing an explanation and providing an argument. Along with your textbook reading for the week, here is an additional reading to consider for this week's discussion:
Archie, L. (2004). Diagramming arguments. Retrieved December 26, 2018, from https://philosophy.lander.edu/logic/diagram.html
Discussion Prompt:
Explain how applying the methods of analyzing an argument can help you make and win your point. As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings? Provide an example of how you might diagram your findings.
Remember to use an outside resource in the main post, which needs to be on or before Wednesday. Don’t forget to look over the discussion rubric as a reference when you are writing your discussion posts. If you have any questions, please post in the Q&A forum or email me. Let’s get started!
Please remember to take note of the Discussion Grading ...
Budgeting Contempt
A paper presented at the "Civil Discourse to Resolve Governmental Crises" conference at the University of Washington, put on by the Evergreen Chapter of ASPA, the American Society for Public Administration.
Chapter 1 – Business and Its Legal Environment1. Schools of Ju.docx
Chapter 1 – Business and Its Legal Environment
1. Schools of Jurisprudential Thought
A. The judge function is not to make the laws but to interpret and apply them. The court plays a significant role in defining what the law is. Judges have some flexibility in interpreting and applying the law, in which each judge’s unique personality, legal philosophy, set of values, and intellectual attributes necessarily frame the judicial decision-making process to some extent.B. The Natural Law School is the oldest and one of the most significant schools of legal though. It is a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason. According to Aristotle, natural law applies universally to all humankind.
C. The Positivist School is a school of thought that can be no higher law than a nation’s positive law or national law, the written law of a given society at a particular point in time. In contrast to natural law, positive law does not believe in “natural rights”, but rather human rights exist solely because of laws.
D. The Historical School emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should beE. Legal Realism is popular in the 1920s and 1930s that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more realistic approach to the law, and the circumstances in which transactions take place.
2. Business Activities and the Legal Environment A. Laws and government regulations affect virtually all business activities and basic knowledge of the laws and regulations governing these activities is beneficial – if not essential. Therefore, a study of business law necessarily involves an ethical dimension.
B. There are many areas of the law that may affect a single business decision making. Compartmentalizing a law promotes conceptual clarity, but it does not indicate the extent to which a number of different laws may apply to just one transaction. If any dispute cannot be resolved amicably, then the laws and the rules concerning courts and court procedures can spell out the steps of the lawsuit.
C. Ethics and business decision making is an important part of business decision because ethics constitutes right or wrong behavior. Business decision makers need to consider not just whether decision is profitable and legal but also whether it is ethical.3. Sources of American LawA. There are two main sources of American Law -- primary sources that establish the law and the secondary sources that summarize and clarify the primary sources of law. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law.
B. Constitutional Law is a law that is expressed in the U.S. Constitution a ...
Civil justice at_the_crossroads
Keynote address by Rebecca Love Kourlis, Executive Director of the Institute for the Advancement of the American Legal System at the University of Denver. Given at Pepperdine School of Law, April 2010. Giving a national focus on the civil justice system and how it needs assessment and repair.
Essay brief 20172018 module titlethe criminal justice process
This summary provides an overview of the key points about jurisdiction from the document:
1. Jurisdiction refers to the power and authority of courts. There are two main types: subject matter jurisdiction, which is a court's power over certain types of cases, and personal jurisdiction, which is a court's power over individuals or property.
2. Personal jurisdiction can be established through residency, presence, or consent. States can also assert jurisdiction over out-of-state entities through minimum contacts.
3. Subject matter jurisdiction determines what kinds of cases a court can hear. Courts can have plenary or limited subject matter jurisdiction.
4. In the federal system, personal jurisdiction follows state rules, while
hr sovereigntyfinal
The document discusses whether human rights protection should supersede state sovereignty in U.S. foreign policy. It provides three main arguments:
1) The U.S. has ratified international laws that prioritize rights over sovereignty, so U.S. foreign policy should promote the protection of these rights.
2) Globalization means domestic policies have international impacts, so respecting human rights abroad is important to avoid problems at home.
3) States consent to international treaties that protect human rights, limiting claims to sovereignty when those rights are violated.
Therefore, the document concludes the U.S. has a legal obligation to make human rights protection supersede state sovereignty in its foreign policy decisions.
Instructor Notes.htmlTo assist you in completing consulting as
Instructor Notes.html
To assist you in completing consulting assignments for TLG, it is important to review some basic concepts relevant to the legal system and constitutional law.
First, review the concept of federalism, the court system, and common law v. civil law, and the nature of law and the legal process.
Some important points are:
(1) the primary purpose of the law is to establish a set of rules and guidelines for society to promote order and to create parameters for acceptable and prohibited behavior;
(2) laws are inevitably subject to interpretation and reinterpretation by courts;
(3) laws must be reasonably specific, and yet sufficiently general, with inherent flexibility, to withstand the rigors of interpretation and the "test of time";
(4) laws that strike a balance as described in (3) above, usually endure as relevant, applicable rules, even with societal changes and reinterpretations;example: the U.S. Constitution has withstood the test of time, partly because of an inherent balance of specificity, generality, and flexibility
(5) laws are promulgated and interpreted by human beings, and thus, are imperfect;
(6) some laws have a worthy purpose, but are difficult to adequately enforce i.e. speed limit laws;
(7) all laws are not necessarily ethical; some conduct can be legal, but considered unethical;
(8) U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances, i.e., minors;
(9) fairness to all is a primary goal of the law, but what is fair to one group may be unfair to another group; what is fair in one situation may be unfair in another situation - every right granted to an individual or group, to some extent, impinges on the rights of another individual or group;
(10) legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted v. the rights restricted by a specific law to determine if the law is justifiable and fair - this weighing and balancing involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights;example: highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the freedom of drivers to drive at a speed of their choice - on balance, the restriction is easily justified as there is an important purpose in protecting drivers, passengers, and pedestrians example: laws that prohibit alcohol consumption/purchase by minors grant rights to those 21 years and older, and restrict rights of those under 21 years - on balance, society, legislatures, and courts have determined this law is justified as Society has a strong public interest in protecting minors who may not have reached a level of maturity and judgment to handle the right to choose to consume/purchase alcohol
(11) the familiar symbol for law and the legal system is the ...
Week 2 Discussion Elements of a Crime and Jurisdiction Please .docx
Week 2 Discussion
"Elements of a Crime and Jurisdiction" Please respond to the following:
· Review the table, titled "Elements of a Crime", located in Chapter 3 of the textbook, then compare and contrast the roles of mens rea (i.e., guilty mind) and actus rea (i.e., the forbidden act or omission) as they relate to proving a crime has been committed. Next, discuss whether the concurrent occurrence of these elements is more beneficial to the prosecution or the defense. Justify your response.
· It is common knowledge that jurisdiction, the official power to make legal decisions and judgments, is vitally important to the adversarial legal system. Discuss the importance of having either subject matter jurisdiction or personal jurisdiction over the cause of action. Include one (1) example of the importance of the chosen jurisdiction to support your response.
Week 2 Extra Credit Discussion- Long-Arm Jurisdiction
Hi Class,
Most weeks there will be an extra-credit discussion where you can earn up to 5 extra credit points. Believe me, these points can add up and sometimes make the difference in your final letter grade.
This week's extra credit topic is long-arm jurisdiction which is available in CIVIL matters (criminal jurisdiction is handled differently).
There are state laws called "long-arm jurisdiction."
Sometimes a court can exercise jurisdiction over a non-resident. This video explains it.
Long-arm jurisdiction can be exercised if there is activity within the state by a non-resident.
https://www.youtube.com/watch?v=bTVi8FOhoV4
https://www.youtube.com/watch?v=QBpz-mQ2QeQ
Question for discussion: What is long-arm jurisdiction? Give an example.
Bottom of Form
Please reply to the following students as well
Nicholas Mayfield
RE: Week 2 Discussion
While actus rea is pretty much always required for there to have been a crime committed, in cases involving drugs, alcohol, or traffic crimes, mens rea is not necessary. The best example I can think of for this would be manslaughter due to reckless driving. When operating a motor vehicle, you accept the terms of strict liability, which is the main purpose of medications having a waring against operating vehicles and heavy machinery. When a drunk driver accidentally kills someone, they are likely to be found guilty of manslaughter. On the other hand, mens rea is required in cases not involving vehicles and/or mind altering substances. The only example that comes to mind for this is accepting stolen property. If you were to buy a bicycle from someone on craigslist, there is a good chance that you would not suspect the bike to be stolen property, in which case you would not be guilty. I feel like this concept would be most useful for the defense, as it allows you to maintain your innocence in the case of a crime you did not knowingly commit.
Subject matter jurisdiction is more interesting to me, as personal jurisdiction mainly just relates to a person being in a place. Subject matter jurisdiction, on.
Applicability of Res Judicata In International Arbitration.pptx
Applicability of Res Judicata in International Arbitration: The Case of Prior Court Judgments. Dr. Asser Harb prepared the presentation for his postgraduate students.
Judicial Decision Making
The document discusses three models of judicial decision making: the legal model, ideological/attitudinal model, and strategic model. It analyzes how each model may influence Supreme Court justices' decisions at different stages of the judicial process, from setting the agenda to oral arguments. However, the strategic model best explains decision making overall as it accounts for legal, ideological, and institutional factors, and how justices consider other justices' preferences. The document evaluates how elements of each model could apply at various stages, but the strategic model is most appropriate for understanding agenda setting specifically.
India Legal 01 July 2019
The document summarizes a study by American criminologist Dr. Joan R. Petersilia on criminal justice policies for the mentally retarded. The study finds that the mentally retarded are often unable to understand their Miranda rights and confess to crimes they did not commit. They also have difficulty with plea bargaining, testifying credibly in court, and impressing parole boards. As a result, they tend to serve longer sentences and have higher recidivism rates than other offenders. The document calls for reforms like screening for mental disabilities, diverting certain offenders to supervised probation, and programs to help with job training and reintegration into society. This could help the mentally retarded while also saving taxpayer money on incarceration costs.
Week 6 Discussion 1The Courts and Legal Professionals Pleas.docx
The document discusses two topics: 1) Ethical concerns regarding supranational courts that influence U.S. reluctance to ratify the Rome Statute, including fears that the U.S. military could be prosecuted. 2) Factors that can impede judicial independence, such as media influencing cases and judges having personal interests. The response agrees the military prosecution concern is valid given its global presence, and says media can sway cases while judges should consider only facts of the specific case.
Enhancing Judicial Legitimacy
This paper comparatively analyzes the US judicial branch and investigates how to improve the the quality of judiciaries in general.
Roscoe Pound on Stare Decisis
This document summarizes Roscoe Pound's 1941 essay on the legal doctrine of stare decisis. Some key points:
1. Stare decisis explains how cases are decided in common law based on precedence. It provides continuity and defends against political/judicial absolutism by allowing some change over time.
2. Strict rules alone cannot capture stare decisis - it requires seasoned judicial minds to determine family resemblances between cases. Precedents have a persuasive rather than binding function.
3. Both law and economics involve balancing rules with discretion. A reductive, rules-only approach does not work given the need to address unforeseen issues. Precedents and monetary interventions cannot be reduced
7Victims and theCriminal Justice SystemCooperation and .docx
7
Victims and the
Criminal Justice System:
Cooperation and Conflict
Part 2: Prosecutors, Defense Attorneys, Judges, Juries, and Corrections Officials
CHAPTER OUTLINE
Victims and Prosecutors
Assisting Victims and Other Witnesses for the State
Protecting Victims Who Serve as Witnesses
for the Prosecution
Dismissing Charges and Rejecting Cases
Negotiating Pleas
Victims and Defense Attorneys
Postponing Hearings
Cross-Examining Witnesses during Trials
Victims and Judges
Granting Bail
Sentencing Offenders
Appealing to the Supreme Court
Victims and Juries
Victims and Corrections Officials
Keeping Track of Offenders and Receiving
Reimbursement from Them
Influencing Parole Board Decisions
And Justice for All?
Recognizing “Second-Class” Treatment
Summary
Key Terms Defined in the Glossary
Questions for Discussion and Debate
Critical Thinking Questions
Suggested Research Projects
LEARNING OBJECTIVES
To recognize the various ways that prosecutors can
serve victims who are their clients.
To realize how conflicts can arise between victims and
the lawyers assigned by the government to represent
them in court proceedings.
To better understand the complexities of the witness
intimidation problem.
To appreciate how victims and defense attorneys
might become embroiled in conflicts.
To discover how judges make crucial decisions affect-
ing victims.
To become familiar with the many Supreme Court
decisions that affect how victims are handled during
legal proceedings.
continued
189
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O
D
D
Y
,
A
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O
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Y
I
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A
A
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3
7
2
7
B
U
This chapter examines what might happen in thecases that the police have solved by making an
arrest. As the fate of the accused person is deter-
mined by the criminal justice system, victims will
interact with prosecutors, defense attorneys,
judges, juries, and—if the defendant is convicted—
corrections officials. Cooperation is the desired
outcome, but conflict might erupt over certain
divisive issues with these criminal justice profes-
sionals and the agencies that employ them. Two
overriding objectives of the entire legal process
ought to be the restoration of the injured party’s
personal dignity, and a symbolic reaffirmation of
social solidarity with those innocent persons who
were targeted by cold-blooded offenders. One
concern that lurks in the background throughout
this step-by-step walk through the system is: Are
all victims treated the same way, or are some indi-
viduals and groups handled with much greater care
than others?
Note that this chapter does not explore how
victims fare within the juvenile justice system.
That is a separate system, which dates back to the
early 1900s in most states. It resolves cases in which
minors are accused of committing crimes of vio-
lence against people of all ages, as well as property
and drug crimes, plus status offenses (such as truancy
and curfew violations). It is supposed to operate
according to a different set of principles (emphasiz-
ing treatment over p.
15INTRODUCTION TO AMERICAN LEGAL SYSTEMINTRODUCTION.docx
The document provides an introduction to the American legal system. It discusses that there are two basic court systems: federal and state. Each has its own set of laws and courts. When advising a client, a lawyer must determine which system's laws apply. The three primary sources of law are the constitution, statutes, and common law. Statutes are enacted by legislatures while common law develops from judicial decisions. The branches of government work together, with courts interpreting statutes and constitutional provisions. Prior court decisions (precedent) guide judicial interpretation through the principle of stare decisis. The document uses hypothetical scenarios on a fictional island to illustrate issues around defining law and interpreting statutes.
The candidates will develop a substantive understanding of six components.docx
The candidates will develop a substantive understanding of the six components of reading by creating a 7-10 page paper. The paper must define and explain each of the six components of reading: comprehension, oral language, phonological awareness, phonics, fluency, and vocabulary. It must also include evidence-based practices that promote development in each reading area and have at least five references from journals or textbooks.
Women in The Testament of the Bible shows.docx
The document discusses several powerful and influential women in the Old Testament of the Bible, including Miriyam who helped lead the Israelites out of Egypt, Devorah who led the Israelites in battle as a judge, Yael who killed an enemy general, Yudit who saved her people by killing an invading general, Huldah who was a prophetess that King Josiah consulted, and Hadassah (Esther) who saved the Jewish people from annihilation.
Write a article more than 2 pages in.docx
Genesis chapters 1-11 are meant to be taken literally as historical accounts based on how other biblical authors reference and treat the people and events described in Genesis. The Bible outside of Genesis, such as references in the New Testament or other books, corroborate the literal and historical nature of Genesis chapters 1-11 by directly citing or building their own doctrines upon the characters and events described.
Write a memo to the CIO that describes how to.docx
The memo outlines an implementation plan for a new information system, addressing available resources, change management strategy, necessary equipment and software, training needs, workflow during transition, and potential resistance. It acknowledges limitations and provides evidence the assessment is accurate and complete, with the goal of gaining approval from a skeptical CIO for the proposed 3-5 page implementation plan.
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Running Head ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT.docx
Running Head: ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT1
ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT2
Role of Law and Court in Today’s Business Environment
Elvis Seumanu
ETH/321
Willie Larry JR
January 28, 2017
Abstract
The discussion is focused on the roles of law and court in today’s business environment where the writer examines the difference between the federal courts and the state court. More so, the paper describes the concept of judicial review as used in the United States. It also explains the laws and regulations affecting a longshoreman working in Hawaii. Finally, the paper accounts for the alternative dispute resolution (ADR).From a precise analysis and examples in the discussion, every individual in the business environment can learn and understand the role of laws and courts in the environment they operate in and therefore strive to abide by the constitutional legislation and rights.
A court is a chamber where justice is administered, or trials are held. All countries have a court to ensure justice prevails and ensures the law is enforced according to the constitution. In the United States, we have different levels of courts with different structures and among them are the federal court and the State court. The federal court is headed by a chief justice appointed by the president, followed by the president of the Supreme Court, chief judges, and the judges (Williams, 1995). On the other hand, the state court has fewer responsibilities and operates under the federal state where they handle civil cases within the state like Hawaii islands. The main difference of the duo is their jurisdiction, the region they operate and the law they enforce, federal courts handles criminal cases from all the states following the constitutional laws and the state court handles civil matters and petty crime cases within the state region following the state laws. The discussion below examines the role of legislation and courts in different environments in both the high level of the judiciary, federal court and the state court about my present job of a longshoreman dock worker) in Hawaii islands.
The judiciary is composed of different agencies that work together to ensure that every decision made is constitutionally right. Considering the United States federal court and the state court in Hawaii who operate under different laws that are the federal and the state laws at some point the rules may contradict or conform to the overall constitutional laws that govern them. Here comes the concept of judicial review that relates to the power of the court to examine the legislative decisions and establish whether they are constitutional or unconstitutional (Engdahl, 1992). All agencies operating under the judiciary must abide by the constitutional laws and hence the need for a judicial review to ensure the constitution remains the chief justice and law enforcement tool. In most cases, the Supreme Court makes the judiciar ...
Week 2 Discussion Evidence-Based Arguments.Required Resources.docx
Week 2 Discussion: Evidence-Based Arguments
.
Required Resources
Read/review the following resources for this activity:
· Textbook: Chapter 3, 4
· Minimum of 1 scholarly source
Initial Post Instructions
Evidence-based practice requires...evidence. The careful collection of evidence is the first job of every medical practitioner, not least the nurse, who has the most extensive and intimate contact with the patient. However, it does not stop with the nurse. Whatever your role - social worker, hospital administration, human services - whether your problem is the allocation of scarce resources, where to add or cut staff, or the treatment plan for a patient, you will need to present and defend your position in a clearly structured argument
For this discussion, address the following:
· Explain how applying the methods of analyzing an argument can help you make and win your point.
· As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings?
· Provide an example of how you might diagram your findings.
Follow-Up Post Instructions
Respond to at least two peers or one peer and the instructor. Further the dialogue by providing more information and clarification.
Writing Requirements
· Minimum of 3 posts (1 initial & 2 follow-up)
· APA format for in-text citations and list of references
Grading
This activity will be graded using the Discussion Grading Rubric. Please review the following link:
· Link (webpage): Discussion Guidelines
Course Outcomes (CO): 2
Due Date for Initial Post: By 11a.m. EST on Wednesday
Search entries or author Filter replies by unreadUnread Collapse replies Expand replies
Subscribe
ReplyReply to Week 2 Discussion: Evidence-Based Arguments
·
Collapse SubdiscussionRussell Waltz
Manage Discussion Entry
Opening Post
Hello Class,
Welcome to Week 2! You may begin posting on Day 1, which is Monday, for credit. This week, we will be discussing the difference between providing an explanation and providing an argument. Along with your textbook reading for the week, here is an additional reading to consider for this week's discussion:
Archie, L. (2004). Diagramming arguments. Retrieved December 26, 2018, from https://philosophy.lander.edu/logic/diagram.html
Discussion Prompt:
Explain how applying the methods of analyzing an argument can help you make and win your point. As you collect and prepare to present your evidence-based argument, how might diagramming your findings be helpful in clearly and accurately conveying your findings? Provide an example of how you might diagram your findings.
Remember to use an outside resource in the main post, which needs to be on or before Wednesday. Don’t forget to look over the discussion rubric as a reference when you are writing your discussion posts. If you have any questions, please post in the Q&A forum or email me. Let’s get started!
Please remember to take note of the Discussion Grading ...
Budgeting Contempt
A paper presented at the "Civil Discourse to Resolve Governmental Crises" conference at the University of Washington, put on by the Evergreen Chapter of ASPA, the American Society for Public Administration.
Chapter 1 – Business and Its Legal Environment1. Schools of Ju.docx
Chapter 1 – Business and Its Legal Environment
1. Schools of Jurisprudential Thought
A. The judge function is not to make the laws but to interpret and apply them. The court plays a significant role in defining what the law is. Judges have some flexibility in interpreting and applying the law, in which each judge’s unique personality, legal philosophy, set of values, and intellectual attributes necessarily frame the judicial decision-making process to some extent.B. The Natural Law School is the oldest and one of the most significant schools of legal though. It is a system of moral and ethical principles that are inherent in human nature and that people can discover through the use of their natural intelligence, or reason. According to Aristotle, natural law applies universally to all humankind.
C. The Positivist School is a school of thought that can be no higher law than a nation’s positive law or national law, the written law of a given society at a particular point in time. In contrast to natural law, positive law does not believe in “natural rights”, but rather human rights exist solely because of laws.
D. The Historical School emphasizes the evolutionary process of law and that looks to the past to discover what the principles of contemporary law should beE. Legal Realism is popular in the 1920s and 1930s that challenged many existing jurisprudential assumptions, particularly the assumption that subjective elements play no part in judicial reasoning. Legal realists generally advocated a less abstract and more realistic approach to the law, and the circumstances in which transactions take place.
2. Business Activities and the Legal Environment A. Laws and government regulations affect virtually all business activities and basic knowledge of the laws and regulations governing these activities is beneficial – if not essential. Therefore, a study of business law necessarily involves an ethical dimension.
B. There are many areas of the law that may affect a single business decision making. Compartmentalizing a law promotes conceptual clarity, but it does not indicate the extent to which a number of different laws may apply to just one transaction. If any dispute cannot be resolved amicably, then the laws and the rules concerning courts and court procedures can spell out the steps of the lawsuit.
C. Ethics and business decision making is an important part of business decision because ethics constitutes right or wrong behavior. Business decision makers need to consider not just whether decision is profitable and legal but also whether it is ethical.3. Sources of American LawA. There are two main sources of American Law -- primary sources that establish the law and the secondary sources that summarize and clarify the primary sources of law. Courts often refer to secondary sources of law for guidance in interpreting and applying the primary sources of law.
B. Constitutional Law is a law that is expressed in the U.S. Constitution a ...
Civil justice at_the_crossroads
Keynote address by Rebecca Love Kourlis, Executive Director of the Institute for the Advancement of the American Legal System at the University of Denver. Given at Pepperdine School of Law, April 2010. Giving a national focus on the civil justice system and how it needs assessment and repair.
Essay brief 20172018 module titlethe criminal justice process
This summary provides an overview of the key points about jurisdiction from the document:
1. Jurisdiction refers to the power and authority of courts. There are two main types: subject matter jurisdiction, which is a court's power over certain types of cases, and personal jurisdiction, which is a court's power over individuals or property.
2. Personal jurisdiction can be established through residency, presence, or consent. States can also assert jurisdiction over out-of-state entities through minimum contacts.
3. Subject matter jurisdiction determines what kinds of cases a court can hear. Courts can have plenary or limited subject matter jurisdiction.
4. In the federal system, personal jurisdiction follows state rules, while
hr sovereigntyfinal
The document discusses whether human rights protection should supersede state sovereignty in U.S. foreign policy. It provides three main arguments:
1) The U.S. has ratified international laws that prioritize rights over sovereignty, so U.S. foreign policy should promote the protection of these rights.
2) Globalization means domestic policies have international impacts, so respecting human rights abroad is important to avoid problems at home.
3) States consent to international treaties that protect human rights, limiting claims to sovereignty when those rights are violated.
Therefore, the document concludes the U.S. has a legal obligation to make human rights protection supersede state sovereignty in its foreign policy decisions.
Instructor Notes.htmlTo assist you in completing consulting as
Instructor Notes.html
To assist you in completing consulting assignments for TLG, it is important to review some basic concepts relevant to the legal system and constitutional law.
First, review the concept of federalism, the court system, and common law v. civil law, and the nature of law and the legal process.
Some important points are:
(1) the primary purpose of the law is to establish a set of rules and guidelines for society to promote order and to create parameters for acceptable and prohibited behavior;
(2) laws are inevitably subject to interpretation and reinterpretation by courts;
(3) laws must be reasonably specific, and yet sufficiently general, with inherent flexibility, to withstand the rigors of interpretation and the "test of time";
(4) laws that strike a balance as described in (3) above, usually endure as relevant, applicable rules, even with societal changes and reinterpretations;example: the U.S. Constitution has withstood the test of time, partly because of an inherent balance of specificity, generality, and flexibility
(5) laws are promulgated and interpreted by human beings, and thus, are imperfect;
(6) some laws have a worthy purpose, but are difficult to adequately enforce i.e. speed limit laws;
(7) all laws are not necessarily ethical; some conduct can be legal, but considered unethical;
(8) U.S. law has a very dominant protective purpose – protecting all citizens, as well as providing special protections for certain groups of people, in certain circumstances, i.e., minors;
(9) fairness to all is a primary goal of the law, but what is fair to one group may be unfair to another group; what is fair in one situation may be unfair in another situation - every right granted to an individual or group, to some extent, impinges on the rights of another individual or group;
(10) legislatures enacting laws, and courts interpreting laws, must weigh and balance the right(s) granted v. the rights restricted by a specific law to determine if the law is justifiable and fair - this weighing and balancing involves determining if there a compelling public interest or purpose for the law that justifies granting certain rights while restricting other rights;example: highway speed limit laws protect everyone (drivers, passengers, and pedestrians), but also restrict the freedom of drivers to drive at a speed of their choice - on balance, the restriction is easily justified as there is an important purpose in protecting drivers, passengers, and pedestrians example: laws that prohibit alcohol consumption/purchase by minors grant rights to those 21 years and older, and restrict rights of those under 21 years - on balance, society, legislatures, and courts have determined this law is justified as Society has a strong public interest in protecting minors who may not have reached a level of maturity and judgment to handle the right to choose to consume/purchase alcohol
(11) the familiar symbol for law and the legal system is the ...
Week 2 Discussion Elements of a Crime and Jurisdiction Please .docx
Week 2 Discussion
"Elements of a Crime and Jurisdiction" Please respond to the following:
· Review the table, titled "Elements of a Crime", located in Chapter 3 of the textbook, then compare and contrast the roles of mens rea (i.e., guilty mind) and actus rea (i.e., the forbidden act or omission) as they relate to proving a crime has been committed. Next, discuss whether the concurrent occurrence of these elements is more beneficial to the prosecution or the defense. Justify your response.
· It is common knowledge that jurisdiction, the official power to make legal decisions and judgments, is vitally important to the adversarial legal system. Discuss the importance of having either subject matter jurisdiction or personal jurisdiction over the cause of action. Include one (1) example of the importance of the chosen jurisdiction to support your response.
Week 2 Extra Credit Discussion- Long-Arm Jurisdiction
Hi Class,
Most weeks there will be an extra-credit discussion where you can earn up to 5 extra credit points. Believe me, these points can add up and sometimes make the difference in your final letter grade.
This week's extra credit topic is long-arm jurisdiction which is available in CIVIL matters (criminal jurisdiction is handled differently).
There are state laws called "long-arm jurisdiction."
Sometimes a court can exercise jurisdiction over a non-resident. This video explains it.
Long-arm jurisdiction can be exercised if there is activity within the state by a non-resident.
https://www.youtube.com/watch?v=bTVi8FOhoV4
https://www.youtube.com/watch?v=QBpz-mQ2QeQ
Question for discussion: What is long-arm jurisdiction? Give an example.
Bottom of Form
Please reply to the following students as well
Nicholas Mayfield
RE: Week 2 Discussion
While actus rea is pretty much always required for there to have been a crime committed, in cases involving drugs, alcohol, or traffic crimes, mens rea is not necessary. The best example I can think of for this would be manslaughter due to reckless driving. When operating a motor vehicle, you accept the terms of strict liability, which is the main purpose of medications having a waring against operating vehicles and heavy machinery. When a drunk driver accidentally kills someone, they are likely to be found guilty of manslaughter. On the other hand, mens rea is required in cases not involving vehicles and/or mind altering substances. The only example that comes to mind for this is accepting stolen property. If you were to buy a bicycle from someone on craigslist, there is a good chance that you would not suspect the bike to be stolen property, in which case you would not be guilty. I feel like this concept would be most useful for the defense, as it allows you to maintain your innocence in the case of a crime you did not knowingly commit.
Subject matter jurisdiction is more interesting to me, as personal jurisdiction mainly just relates to a person being in a place. Subject matter jurisdiction, on.
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2. Strict rules alone cannot capture stare decisis - it requires seasoned judicial minds to determine family resemblances between cases. Precedents have a persuasive rather than binding function.
3. Both law and economics involve balancing rules with discretion. A reductive, rules-only approach does not work given the need to address unforeseen issues. Precedents and monetary interventions cannot be reduced
7Victims and theCriminal Justice SystemCooperation and .docx
7
Victims and the
Criminal Justice System:
Cooperation and Conflict
Part 2: Prosecutors, Defense Attorneys, Judges, Juries, and Corrections Officials
CHAPTER OUTLINE
Victims and Prosecutors
Assisting Victims and Other Witnesses for the State
Protecting Victims Who Serve as Witnesses
for the Prosecution
Dismissing Charges and Rejecting Cases
Negotiating Pleas
Victims and Defense Attorneys
Postponing Hearings
Cross-Examining Witnesses during Trials
Victims and Judges
Granting Bail
Sentencing Offenders
Appealing to the Supreme Court
Victims and Juries
Victims and Corrections Officials
Keeping Track of Offenders and Receiving
Reimbursement from Them
Influencing Parole Board Decisions
And Justice for All?
Recognizing “Second-Class” Treatment
Summary
Key Terms Defined in the Glossary
Questions for Discussion and Debate
Critical Thinking Questions
Suggested Research Projects
LEARNING OBJECTIVES
To recognize the various ways that prosecutors can
serve victims who are their clients.
To realize how conflicts can arise between victims and
the lawyers assigned by the government to represent
them in court proceedings.
To better understand the complexities of the witness
intimidation problem.
To appreciate how victims and defense attorneys
might become embroiled in conflicts.
To discover how judges make crucial decisions affect-
ing victims.
To become familiar with the many Supreme Court
decisions that affect how victims are handled during
legal proceedings.
continued
189
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O
D
D
Y
,
A
N
T
H
O
N
Y
I
S
A
A
C
3
7
2
7
B
U
This chapter examines what might happen in thecases that the police have solved by making an
arrest. As the fate of the accused person is deter-
mined by the criminal justice system, victims will
interact with prosecutors, defense attorneys,
judges, juries, and—if the defendant is convicted—
corrections officials. Cooperation is the desired
outcome, but conflict might erupt over certain
divisive issues with these criminal justice profes-
sionals and the agencies that employ them. Two
overriding objectives of the entire legal process
ought to be the restoration of the injured party’s
personal dignity, and a symbolic reaffirmation of
social solidarity with those innocent persons who
were targeted by cold-blooded offenders. One
concern that lurks in the background throughout
this step-by-step walk through the system is: Are
all victims treated the same way, or are some indi-
viduals and groups handled with much greater care
than others?
Note that this chapter does not explore how
victims fare within the juvenile justice system.
That is a separate system, which dates back to the
early 1900s in most states. It resolves cases in which
minors are accused of committing crimes of vio-
lence against people of all ages, as well as property
and drug crimes, plus status offenses (such as truancy
and curfew violations). It is supposed to operate
according to a different set of principles (emphasiz-
ing treatment over p.
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Essay brief 20172018 module titlethe criminal justice process
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Instructor Notes.htmlTo assist you in completing consulting as
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