Roy E. Hofer, Supreme Court Reversal Rates: Evaluating the Federal Courts of Appeals, LANDSLIDE, Jan. – Feb. 2010, available at https://www.americanbar.org/content/dam/aba/migrated/intelprop/magazine/LandslideJan2010_Hofer.authcheckdam.pdf
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, tax, or juvenile cases. Jurisdiction and venue determine where a case can be properly filed and heard.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, taxes, or family law. Jurisdiction and venue determine where a case can be properly filed and heard.
The document provides an overview of the US legal system, including how laws are made at the federal and state levels and how the courts enforce and interpret statutes. It discusses the roles of Congress, state legislatures, and the courts. It also summarizes the different levels and types of courts in the federal and state systems, and outlines the typical stages of civil lawsuits from initiation to appeals.
The document describes the US court system, including both federal and state levels. It notes that most criminal cases originate in state courts. It then provides details on the structure and jurisdiction of state trial courts, appellate courts, and supreme courts. It also outlines the three-tiered federal court system consisting of district courts, appellate courts, and the Supreme Court. It provides information on judges, jurisdiction, and appeals processes at both the state and federal levels.
This document provides information about docket research and accessing court records through various methods. It defines a docket and docket sheet as lists of cases and records of proceedings. It discusses accessing records through official court websites, PACER, CM/ECF, and subscription services. PACER provides the most comprehensive electronic access to federal court records but charges fees of $0.10 per page with a $3 cap.
Getting Your Foot in the Door - The Petition for Certiorari by Public CitizenUmesh Heendeniya
The document provides an introduction to filing a petition for a writ of certiorari with the Supreme Court. It discusses that the Supreme Court has discretionary jurisdiction and only hears a small fraction of cases through certiorari petitions. It outlines factors the Court considers important in deciding whether to grant certiorari, including whether a federal court of appeals or state supreme court ruling conflicts with a decision from another on an important question of federal law. The Court seeks to resolve such conflicts to promote uniformity in federal law.
The document discusses the doctrine of precedent in UK courts. It explains that originally, the House of Lords felt bound by its own past decisions for certainty in the law. In 1966, the Lord Chancellor issued a practice statement allowing the House of Lords more flexibility to depart from precedents if a prior decision was wrongly decided. This power transferred to the Supreme Court when it replaced the House of Lords. The Court of Appeal is generally bound by its own past decisions but can depart under certain exceptions. Proper law reporting is necessary for precedents to be established and followed.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, tax, or juvenile cases. Jurisdiction and venue determine where a case can be properly filed and heard.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, taxes, or family law. Jurisdiction and venue determine where a case can be properly filed and heard.
The document provides an overview of the US legal system, including how laws are made at the federal and state levels and how the courts enforce and interpret statutes. It discusses the roles of Congress, state legislatures, and the courts. It also summarizes the different levels and types of courts in the federal and state systems, and outlines the typical stages of civil lawsuits from initiation to appeals.
The document describes the US court system, including both federal and state levels. It notes that most criminal cases originate in state courts. It then provides details on the structure and jurisdiction of state trial courts, appellate courts, and supreme courts. It also outlines the three-tiered federal court system consisting of district courts, appellate courts, and the Supreme Court. It provides information on judges, jurisdiction, and appeals processes at both the state and federal levels.
This document provides information about docket research and accessing court records through various methods. It defines a docket and docket sheet as lists of cases and records of proceedings. It discusses accessing records through official court websites, PACER, CM/ECF, and subscription services. PACER provides the most comprehensive electronic access to federal court records but charges fees of $0.10 per page with a $3 cap.
Getting Your Foot in the Door - The Petition for Certiorari by Public CitizenUmesh Heendeniya
The document provides an introduction to filing a petition for a writ of certiorari with the Supreme Court. It discusses that the Supreme Court has discretionary jurisdiction and only hears a small fraction of cases through certiorari petitions. It outlines factors the Court considers important in deciding whether to grant certiorari, including whether a federal court of appeals or state supreme court ruling conflicts with a decision from another on an important question of federal law. The Court seeks to resolve such conflicts to promote uniformity in federal law.
The document discusses the doctrine of precedent in UK courts. It explains that originally, the House of Lords felt bound by its own past decisions for certainty in the law. In 1966, the Lord Chancellor issued a practice statement allowing the House of Lords more flexibility to depart from precedents if a prior decision was wrongly decided. This power transferred to the Supreme Court when it replaced the House of Lords. The Court of Appeal is generally bound by its own past decisions but can depart under certain exceptions. Proper law reporting is necessary for precedents to be established and followed.
The document provides an overview and review of key concepts related to the 8th Amendment. It discusses the rights protected by the 8th Amendment regarding bail, fines, and punishment. It summarizes important Supreme Court cases related to bail, asset forfeiture, and what constitutes cruel and unusual punishment. The document also examines whether the death penalty violates the 8th Amendment's prohibition against cruel and unusual punishment. Finally, it reviews how the 8th Amendment applies to corrections and prisoner treatment.
The doctrine of stare decisis is best explained by reference to the English translation of the Latin phrase. "Stare decisis" literally translates as "to stand by decided matters". The phrase "stare decisis" is itself an abbreviation of the Latin phrase "stare decisis et non quieta movere" which translates as "to stand by decisions and not to disturb settled matters".
The document provides an overview of the appellate process in the Fourth District Court of Appeal. It describes that the court hears both criminal and civil appeals from lower courts' decisions. It then outlines the basic steps in an appeal, including starting an appeal by filing a notice, preparing the record and transcripts, writing briefs, requesting oral argument, and receiving a decision from the appellate court in the form of an opinion. It also discusses the concepts of preserving errors and determining whether errors were harmful or harmless.
Disruptive Innovation & Anti-Lobbying action in the Irish Legal System!Arno Gaultier
Early stage of Anti-Lobbying action* & disruptive Innovation in the field of services**!
Integrity & Determination. Clear announced strategy and action plan are keys with sufficient resources! It requires access to outside leverage, including effective PR. Thorough follow-up will increase credibility. Sound supports and effective PR should help in bringing the desire outcome!
* against the Bar of Ireland
** the Irish Legal System
The document summarizes the court system and judiciary of Trinidad and Tobago. It describes that the court system follows the UK model, with the Privy Council at the top, followed by the Supreme Court of Judicature (including the Court of Appeal and High Court), and Magistrate's Courts. It also outlines the mission and vision of the judiciary, and describes the roles and jurisdictions of the different courts, including the Family Court.
Denise was convicted of drug possession and appealed to challenge the admission of evidence obtained through an illegal search. On appeal, parties submit briefs to argue the trial court's decision and whether it violated Denise's constitutional rights. If the appellate court finds error, it will reverse the conviction. Its decision can then be appealed to a higher court through a similar process involving briefs and oral arguments to convince the judges that the lower court erred in its application of the law. The highest courts have discretion over which cases they will review.
Plea bargaining allows an accused person to plead guilty to a lesser charge in exchange for concessions from the prosecution. It was introduced in India through amendments to the Code of Criminal Procedure in 2005 to help reduce pending case backlogs. Plea bargaining is only permitted for offenses with maximum sentences of 7 years imprisonment that do not affect socio-economic conditions or involve crimes against women or children. The process involves negotiations between the prosecution, defense, investigating officer, victim and judge. If an agreement is reached, it is formalized in a court report and the accused is sentenced, often to a lighter punishment.
The document discusses the role of courts in law-making through judicial precedent. It explains that common law has developed from past court decisions dating back to King Henry II of England. Under the doctrine of precedent, higher court decisions become binding on lower courts in the same legal hierarchy. This creates consistency and predictability. The document also discusses how judges can make law through statutory interpretation and by creating new legal rules in cases where no precedent applies. It likens the doctrine of precedent to a recipe that must be followed to create judge-made law, just as a recipe must be followed to make jam.
The document discusses key Latin terms related to the doctrine of precedent in common law legal systems. It defines stare decisis as the Greek maxim that courts should stand by precedents and treat similar cases similarly. It also explains that ratio decidendi refers to the reason for a court's decision and is binding, while obiter dicta involves hypothetical situations discussed in a ruling but are not binding. Courts are bound to follow precedents set by higher courts or courts of equal status.
Fundamentals of Bankruptcy Court Litigation - AdversariesGary Seitz
Bankruptcy proceedings are governed by both the Bankruptcy Code and Bankruptcy Rules. The Bankruptcy Rules incorporate many of the Federal Rules of Civil Procedure for adversary proceedings, which function similarly to civil lawsuits in federal district court. Adversary proceedings have separate dockets and follow procedures like complaints, answers, discovery, and trials. Local bankruptcy rules and individual judge's chambers procedures also provide supplemental guidelines for litigation in bankruptcy court. While bankruptcy litigation has some unique aspects, the same fundamental litigation principles and rules apply as in other federal civil cases.
The document outlines the roles and jurisdiction of various courts in the US judicial system. It discusses that courts use the law to settle civil disputes and decide criminal cases. It also describes that district courts have original jurisdiction and conduct trials, while courts of appeals have appellate jurisdiction and review cases from district courts. The Supreme Court has ultimate appellate jurisdiction and can choose to hear cases that have national importance.
The document summarizes the appellate and postconviction relief processes in the US criminal justice system. It describes the different levels of appellate courts, from intermediate appellate courts to courts of last resort. It then explains the various stages of the appellate process, including filing notices of appeal, submitting briefs, oral arguments, and issuing opinions. The document also discusses options for postconviction relief like habeas corpus petitions that allow prisoners to challenge their convictions after exhausting appeals. It provides an example of the lengthy appeals process in the Robert Glen Coe death penalty case over two decades.
The document discusses the doctrine of judicial precedent (stare decisis) in the English legal system. It explains that stare decisis means courts adhere to principles established in earlier cases and create certainty and fairness in the law. It outlines the key components of precedent including ratio decidendi (the legal principle used to reach the decision), obiter dicta (non-binding comments made by the judge), and the hierarchy of courts. It also discusses how precedent applies differently depending on whether a case is original, binding, or persuasive.
06/25/12 Posted to HireLyrics U.S. Citizens Public Docket New Civil Rights He...Roxanne Grinage
This document provides an overview of federal perjury laws in the United States. It discusses the three main perjury statutes: 18 U.S.C. 1621 which prohibits false statements under oath in federal proceedings; 18 U.S.C. 1623 which bars false statements under oath in federal court or grand jury proceedings; and 18 U.S.C. 1622 which prohibits inducing another to commit perjury. It also discusses the false statements statute and how perjury can be used as a sentencing enhancement for obstruction of justice.
The document is a court case summary regarding a dispute over the deposition of an in-house counsel. It discusses the following key points:
1. The plaintiffs sought to depose the defendant's in-house counsel regarding pre-litigation matters. The magistrate judge allowed this but the defendant objected.
2. The district court found that the magistrate judge erred by not applying the three-part test from Shelton v. Am. Motors Corp for determining if opposing counsel can be deposed. This test should also apply to attempts to depose in-house counsel.
3. While some courts had only applied the Shelton test to depositions of trial counsel, the rationale for the test, such as protecting
Judicial Precedent And Prevention Of Contradictory Judgments: An Expository S...iosrjce
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
The document summarizes the appellate court system in England. It explains that the main appellate courts are the Divisional Courts, Court of Appeal, and formerly the House of Lords. It describes the functions and jurisdictions of the Divisional Courts, Court of Appeal, and House of Lords/Supreme Court. Permission is generally required to appeal above the lower courts, and appeals examine points of law rather than reassessing evidence.
The document describes the court system in the UK from Magistrates Court up to the Supreme Court. It explains that higher courts set binding precedents that lower courts must follow. The Magistrates Court handles less serious summary offenses and some either-way offenses. More serious indictable offenses are handled in the Crown Court. There is a process for appeals from lower to higher courts, focusing on errors of law or fact.
This document provides information about the civil court system in England and Wales. It begins by outlining the objectives of studying civil courts and describing the types of civil cases that can be brought. It then discusses Lord Woolf's review which aimed to modernize the civil justice system. The document explains the different tracks in the civil court system - small claims, fast track, and multi-track. It provides details about the various courts that make up the hierarchy of the civil justice system, including the County Court, High Court, Court of Appeal, and Supreme Court. It also outlines the appeal routes and discusses advantages and disadvantages of the civil courts.
Effective Use of Sanctions as a Defense against Federal RICO ClaimsMarion Wilson
This document is the spring 2015 issue of the Business Torts & Civil RICO News newsletter published by the American Bar Association Section of Antitrust Law Business Torts & Civil RICO Committee. It contains three articles - a primer on the unsettled legal issues surrounding the extraterritorial application of RICO, a summary of an ongoing case against Uber in California regarding consumer protection laws, and an article about using sanctions defenses against RICO claims. It also includes information about upcoming committee events and leadership.
The document provides information about upcoming classes, assessments, and recommended reading materials. It also outlines topics related to the criminal courts, including the differences between the Magistrates' Court and Crown Court. Finally, it lists learning objectives related to the English court system, civil courts, and alternative dispute resolution.
The document provides an overview and review of key concepts related to the 8th Amendment. It discusses the rights protected by the 8th Amendment regarding bail, fines, and punishment. It summarizes important Supreme Court cases related to bail, asset forfeiture, and what constitutes cruel and unusual punishment. The document also examines whether the death penalty violates the 8th Amendment's prohibition against cruel and unusual punishment. Finally, it reviews how the 8th Amendment applies to corrections and prisoner treatment.
The doctrine of stare decisis is best explained by reference to the English translation of the Latin phrase. "Stare decisis" literally translates as "to stand by decided matters". The phrase "stare decisis" is itself an abbreviation of the Latin phrase "stare decisis et non quieta movere" which translates as "to stand by decisions and not to disturb settled matters".
The document provides an overview of the appellate process in the Fourth District Court of Appeal. It describes that the court hears both criminal and civil appeals from lower courts' decisions. It then outlines the basic steps in an appeal, including starting an appeal by filing a notice, preparing the record and transcripts, writing briefs, requesting oral argument, and receiving a decision from the appellate court in the form of an opinion. It also discusses the concepts of preserving errors and determining whether errors were harmful or harmless.
Disruptive Innovation & Anti-Lobbying action in the Irish Legal System!Arno Gaultier
Early stage of Anti-Lobbying action* & disruptive Innovation in the field of services**!
Integrity & Determination. Clear announced strategy and action plan are keys with sufficient resources! It requires access to outside leverage, including effective PR. Thorough follow-up will increase credibility. Sound supports and effective PR should help in bringing the desire outcome!
* against the Bar of Ireland
** the Irish Legal System
The document summarizes the court system and judiciary of Trinidad and Tobago. It describes that the court system follows the UK model, with the Privy Council at the top, followed by the Supreme Court of Judicature (including the Court of Appeal and High Court), and Magistrate's Courts. It also outlines the mission and vision of the judiciary, and describes the roles and jurisdictions of the different courts, including the Family Court.
Denise was convicted of drug possession and appealed to challenge the admission of evidence obtained through an illegal search. On appeal, parties submit briefs to argue the trial court's decision and whether it violated Denise's constitutional rights. If the appellate court finds error, it will reverse the conviction. Its decision can then be appealed to a higher court through a similar process involving briefs and oral arguments to convince the judges that the lower court erred in its application of the law. The highest courts have discretion over which cases they will review.
Plea bargaining allows an accused person to plead guilty to a lesser charge in exchange for concessions from the prosecution. It was introduced in India through amendments to the Code of Criminal Procedure in 2005 to help reduce pending case backlogs. Plea bargaining is only permitted for offenses with maximum sentences of 7 years imprisonment that do not affect socio-economic conditions or involve crimes against women or children. The process involves negotiations between the prosecution, defense, investigating officer, victim and judge. If an agreement is reached, it is formalized in a court report and the accused is sentenced, often to a lighter punishment.
The document discusses the role of courts in law-making through judicial precedent. It explains that common law has developed from past court decisions dating back to King Henry II of England. Under the doctrine of precedent, higher court decisions become binding on lower courts in the same legal hierarchy. This creates consistency and predictability. The document also discusses how judges can make law through statutory interpretation and by creating new legal rules in cases where no precedent applies. It likens the doctrine of precedent to a recipe that must be followed to create judge-made law, just as a recipe must be followed to make jam.
The document discusses key Latin terms related to the doctrine of precedent in common law legal systems. It defines stare decisis as the Greek maxim that courts should stand by precedents and treat similar cases similarly. It also explains that ratio decidendi refers to the reason for a court's decision and is binding, while obiter dicta involves hypothetical situations discussed in a ruling but are not binding. Courts are bound to follow precedents set by higher courts or courts of equal status.
Fundamentals of Bankruptcy Court Litigation - AdversariesGary Seitz
Bankruptcy proceedings are governed by both the Bankruptcy Code and Bankruptcy Rules. The Bankruptcy Rules incorporate many of the Federal Rules of Civil Procedure for adversary proceedings, which function similarly to civil lawsuits in federal district court. Adversary proceedings have separate dockets and follow procedures like complaints, answers, discovery, and trials. Local bankruptcy rules and individual judge's chambers procedures also provide supplemental guidelines for litigation in bankruptcy court. While bankruptcy litigation has some unique aspects, the same fundamental litigation principles and rules apply as in other federal civil cases.
The document outlines the roles and jurisdiction of various courts in the US judicial system. It discusses that courts use the law to settle civil disputes and decide criminal cases. It also describes that district courts have original jurisdiction and conduct trials, while courts of appeals have appellate jurisdiction and review cases from district courts. The Supreme Court has ultimate appellate jurisdiction and can choose to hear cases that have national importance.
The document summarizes the appellate and postconviction relief processes in the US criminal justice system. It describes the different levels of appellate courts, from intermediate appellate courts to courts of last resort. It then explains the various stages of the appellate process, including filing notices of appeal, submitting briefs, oral arguments, and issuing opinions. The document also discusses options for postconviction relief like habeas corpus petitions that allow prisoners to challenge their convictions after exhausting appeals. It provides an example of the lengthy appeals process in the Robert Glen Coe death penalty case over two decades.
The document discusses the doctrine of judicial precedent (stare decisis) in the English legal system. It explains that stare decisis means courts adhere to principles established in earlier cases and create certainty and fairness in the law. It outlines the key components of precedent including ratio decidendi (the legal principle used to reach the decision), obiter dicta (non-binding comments made by the judge), and the hierarchy of courts. It also discusses how precedent applies differently depending on whether a case is original, binding, or persuasive.
06/25/12 Posted to HireLyrics U.S. Citizens Public Docket New Civil Rights He...Roxanne Grinage
This document provides an overview of federal perjury laws in the United States. It discusses the three main perjury statutes: 18 U.S.C. 1621 which prohibits false statements under oath in federal proceedings; 18 U.S.C. 1623 which bars false statements under oath in federal court or grand jury proceedings; and 18 U.S.C. 1622 which prohibits inducing another to commit perjury. It also discusses the false statements statute and how perjury can be used as a sentencing enhancement for obstruction of justice.
The document is a court case summary regarding a dispute over the deposition of an in-house counsel. It discusses the following key points:
1. The plaintiffs sought to depose the defendant's in-house counsel regarding pre-litigation matters. The magistrate judge allowed this but the defendant objected.
2. The district court found that the magistrate judge erred by not applying the three-part test from Shelton v. Am. Motors Corp for determining if opposing counsel can be deposed. This test should also apply to attempts to depose in-house counsel.
3. While some courts had only applied the Shelton test to depositions of trial counsel, the rationale for the test, such as protecting
Judicial Precedent And Prevention Of Contradictory Judgments: An Expository S...iosrjce
IOSR Journal of Humanities and Social Science is a double blind peer reviewed International Journal edited by International Organization of Scientific Research (IOSR).The Journal provides a common forum where all aspects of humanities and social sciences are presented. IOSR-JHSS publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes etc.
The document summarizes the appellate court system in England. It explains that the main appellate courts are the Divisional Courts, Court of Appeal, and formerly the House of Lords. It describes the functions and jurisdictions of the Divisional Courts, Court of Appeal, and House of Lords/Supreme Court. Permission is generally required to appeal above the lower courts, and appeals examine points of law rather than reassessing evidence.
The document describes the court system in the UK from Magistrates Court up to the Supreme Court. It explains that higher courts set binding precedents that lower courts must follow. The Magistrates Court handles less serious summary offenses and some either-way offenses. More serious indictable offenses are handled in the Crown Court. There is a process for appeals from lower to higher courts, focusing on errors of law or fact.
This document provides information about the civil court system in England and Wales. It begins by outlining the objectives of studying civil courts and describing the types of civil cases that can be brought. It then discusses Lord Woolf's review which aimed to modernize the civil justice system. The document explains the different tracks in the civil court system - small claims, fast track, and multi-track. It provides details about the various courts that make up the hierarchy of the civil justice system, including the County Court, High Court, Court of Appeal, and Supreme Court. It also outlines the appeal routes and discusses advantages and disadvantages of the civil courts.
Effective Use of Sanctions as a Defense against Federal RICO ClaimsMarion Wilson
This document is the spring 2015 issue of the Business Torts & Civil RICO News newsletter published by the American Bar Association Section of Antitrust Law Business Torts & Civil RICO Committee. It contains three articles - a primer on the unsettled legal issues surrounding the extraterritorial application of RICO, a summary of an ongoing case against Uber in California regarding consumer protection laws, and an article about using sanctions defenses against RICO claims. It also includes information about upcoming committee events and leadership.
The document provides information about upcoming classes, assessments, and recommended reading materials. It also outlines topics related to the criminal courts, including the differences between the Magistrates' Court and Crown Court. Finally, it lists learning objectives related to the English court system, civil courts, and alternative dispute resolution.
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.
The document discusses the U.S. court system, including state and federal structures. It explains that state courts have general jurisdiction over most cases within a state, while federal courts have more limited jurisdiction, primarily over federal questions and diversity cases. It also distinguishes between law and equity, noting that law aims for stability and damages, while equity promotes fairness through remedies like decrees.
Here are the key points about the Court of Appeal's ability to depart from its own precedent:
- The CA is generally bound by its own previous decisions, like the Supreme Court.
- However, under Young v Bristol Aeroplane, it can depart from precedent in limited circumstances, similar to the Practice Statement for the Supreme Court.
- The three exceptions where it can depart are: 1) if the previous decision was made per incuriam, 2) if there are conflicting CA decisions and it must pick one, and 3) if the CA's earlier decision is inconsistent with a later UKSC decision.
- Per incuriam means the previous decision was made in ignorance or forgetfulness of some statutory provision or authority binding on
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
The document discusses the hierarchy of courts in England and Wales and the importance of precedent. It explains that lower courts must follow the decisions of higher courts to promote consistency and certainty in the law. Precedent, where a judge must follow a similar previous ruling, is crucial as it allows people to understand what is and is not legal and keeps judges controlled. The document provides examples to illustrate how precedent works in practice between different courts.
IST 309 Team-ProjectA. Write about laws of Drones. (Like Privacy.docxpriestmanmable
IST 309 Team-Project
A. Write about laws of Drones. (Like Privacy rights or public concerns)NO TITLE PAGE!
B. The main content of my paper is talking about Laws of public concerns, so don’t talking about military or famers or other things!
C. You must read these three articles and quote these articles, moreover use these articles as your references.
http://www.nationaljournal.com/tech/few-privacy-limitations-exist-on-how-police-use-drones-20150205
http://www.utsandiego.com/news/2015/mar/05/drones-california-police-sacramento-privacy/
http://www.brookings.edu/research/reports2/2014/11/drones-and-aerial-surveillance
D. APA format, double space, NO INTRODUTION, NO HISTORY, because it is a team project and I need write a Laws Part on it. Other team member will do introduction and history part. SO, PLEASE just write LAWS of Drones!
E. This is the order of my paper.
1. A starting of Laws of Drones. The following is a example, you need to write like that, but you cannot copy it:
(As drones become cheaper and more capable, more police departments across the country are asking for and getting federal approval to use them for law enforcement.
But the Federal Aviation Administration only takes safety into consideration when it grants a law enforcement agency approval to use drones, leaving privacy protections to legislation—which, depending on the state in question, may or may not exist.)
2. Give a Real Example of Drones.
a) How Drones invasion of Privacy? Give a real example of it. Like Drone fly to someone’s backyard without search warrant.
b) Talk about a certain law about Drones of privacy protection.
c) How public feels about it? How public concerns about it?
3. Talk about two Police Departments have different views: Mesa County and other law enforcement agencies. You need to write down the following content on my paper.(You can get a lot information from first article).
a) Mesa County proactive role in drones and publics concerns
i. Largent Drone Program in the US
ii. 17 pages Policy Manual on Drones
b) Other Law Enforcement agencies played a more secretive role in deploying Drones.
4. Bills and Government Regulation. (You can get more information from second article).
a) Write Laws SB-142 and AB-56, and list the main points of Drones from these two laws.
b) Talk about Government Regulations.
5. The views of Gregory McNeal(You can get more information from third article)
a) Give an introduction of Gregory McNeal, like Gregory McNeal who is Professor of Pepperdine University and also is an Expert in Law and Public Policy.
b) Talk about Gregory McNeal’s Main Focus: security, technology and crime.
c) Write about Five Core Recommendations of Gregory McNeal.
d) Give more details or explain Fifth Point of McNeal. It’s following one.
(5. Legislators should recognize that technology such as geofencing and auto-redaction, may make aerial surveillance by drones more protective of privacy than human surveillance.)
State Court System
Chapte ...
This document provides a series of templates for responding to various legal and financial correspondence. It includes templates for a cover letter and follow up letter responding to an initial offer or claim, a letter asking questions about an offer or claim and giving 10 days to respond, a letter to stop accounts and stop selling data, and other notices and motions to use in legal processes. The templates are designed to use specific syntax and defined terms to establish terms and respond to perceived errors or unanswered questions in correspondence from corporations or government.
Statement reporting North East Lincolnshire Council for committing perjury with intent to defraud the defendant for a hearing at Grimsby Magistrates' court in which the judge was complicit.
This document provides information about civil law cases in the UK legal system. It defines civil cases as disputes where an individual or business believes their rights have been infringed. It describes different types of civil claims like contract disputes, negligence cases, and trespass. It explains the typical process for civil cases, including negotiation, consulting a solicitor, and taking a case to court. It discusses the county court and high court systems for hearing civil cases, and outlines the small claims, fast, and multi-track processes for allocating cases based on value and complexity.
FTC Takes Drug-Patent 'Reverse Payments' to High Court, by Lawrence T. KassLawrence Kass
The Federal Trade Commission has petitioned the Supreme Court to review a decision by the Eleventh Circuit Court regarding "reverse payment" settlements between brand-name and generic drug companies. The FTC argues these settlements restrain competition by delaying generic entry. However, the Eleventh Circuit ruled that such settlements must consider the strength and exclusionary power of the brand's patent and the benefits of settlement. If the Supreme Court takes the case, it could resolve differing approaches among circuits on the antitrust treatment of such agreements.
Plea-bargaining allows an accused person to plead guilty in exchange for concessions from the prosecution. It was introduced in India to reduce court backlogs and prison overcrowding. Plea-bargaining involves negotiations between the prosecution and defense on charges, sentences, or facts. While it provides benefits, there are also concerns it may violate rights or result in unfairly lenient sentences. Indian courts have examined plea-bargaining but taken a cautious approach to its implementation and application.
Chapter 3 - The U.S. Supreme Court: The Final Wordlisajurs
The Supreme Court is the highest court in the US and its decisions cannot be overturned by any other body. It has the power of judicial review to determine the constitutionality of laws. Cases reach the Court through appeals or in its original jurisdiction over disputes between states. The 9 Justices are nominated by the President and confirmed by the Senate, holding lifetime appointments. Their decisions depend on whether the Court's composition is considered more liberal or conservative at the time.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, tax, or juvenile cases. Jurisdiction and venue determine where a case can be properly filed and heard.
The document discusses various aspects of bankruptcy law and proceedings in the United States. It begins by outlining the policy goals of bankruptcy for both debtors and creditors, such as providing debtors a fresh start and allowing creditors to assert claims. It then describes who typically files for bankruptcy and common reasons for filing such as job loss, illness, or credit card debt. The document concludes by summarizing the structure of the bankruptcy code, roles of various bankruptcy courts and personnel, types of bankruptcy cases and proceedings, and rules that govern practice and procedure in bankruptcy courts.
This document provides an introduction to the subject of Private International Law (PIL). It defines PIL and outlines its key questions and principles.
1) PIL determines the circumstances under which foreign elements in a legal claim impact jurisdiction, choice of law, and recognition of foreign judgments. It aims to prescribe court competence, determine the law applied to rights, and specify foreign judgment recognition.
2) PIL addresses situations where parties, property, or acts connected to a case involve multiple countries. It determines which country's law applies rather than allowing legal systems to conflict.
3) The three principal questions of PIL are choice of jurisdiction, choice of applicable law, and recognition of foreign judgments. It aims to avoid conflicts and inconvenience
Brexit legal challenges
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Court bundles – imperative not administrative
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Automatic suspension and damages - what counts if you are a non-profit organisation?
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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.
This document summarizes an emerging case law website tracking recent federal court cases adjudicating issues related to Congress's authority to obtain information for oversight investigations. The website, created by the Levin Center at Wayne Law, provides detailed information on 13 current cases, including summaries, key court filings and opinions, and analysis of legal issues emerging from the cases. Several cases have reached the Supreme Court, with more potentially following, as they involve clashes between Congress and the executive branch that will shape the balance of power among the three branches of government.
- The document is a letter from the Ecuadorian Attorney General's office responding to an order to attach $96 million that the Ecuadorian government allegedly owes to Chevron.
- The order was issued in relation to an arbitration award against Ecuador in favor of Chevron, but Ecuador is appealing the award. As such, there is no definitive debt owed to Chevron at this time.
- The Attorney General argues that the funds ordered for attachment are protected and not subject to attachment under Ecuadorian law. He asks that the order be revoked.
This document is an award from the Iran-United States Claims Tribunal regarding claims brought by SEDCO, Inc. against the National Iranian Oil Company and Iran. SEDCO leased drilling rigs to NIOC through its subsidiary SISA. SEDCO alleges that after contract termination in 1979, NIOC appropriated the rigs by failing to assist with export as required and continuing to operate the rigs in Iran. NIOC argues it did not take possession of the rigs until 1980 and was only obligated to use best efforts to help with export. The tribunal must determine whether NIOC's actions around contract termination and after amounted to a taking of the rigs for which compensation is due.
The Tribunal was seized with requests from both parties regarding interim measures and jurisdiction. Regarding interim measures, the Tribunal ordered an expert to commence inventorying goods stored by Claimant and transferred some goods to a more suitable warehouse. The Tribunal also ordered Respondents to deposit additional funds to cover expert costs. However, the Tribunal declined to fully grant Respondents' request to transfer all goods, reserving final jurisdiction determination. The Tribunal invited both parties to submit evidence on jurisdiction by a set deadline.
Este documento presenta la declaración suplementaria de Fabián Andrade Narváez sobre la ley ecuatoriana en respuesta a los informes de los expertos de Chevron. Andrade concluye lo siguiente: 1) La ley ecuatoriana permite atravesar el velo corporativo en circunstancias excepcionales para prevenir fraude; 2) La ley ecuatoriana establece una presunción de responsabilidad para actividades peligrosas como las hidrocarburíferas; 3) La ley permite la acumulación de demandas civ
1) El documento presenta la declaración de tres expertos en derecho ecuatoriano que buscan corregir errores en la interpretación de la ley ecuatoriana realizada por abogados de Texaco. 2) Explican que, según la ley ecuatoriana, el Estado solo puede adoptar obligaciones contractuales de forma expresa y por escrito. La doctrina del "estoppel" no se aplica. 3) Argumen que las actividades de CEPE relacionadas con hidrocarburos son de carácter público y sus actos y contratos se rigen por derecho público
The Republic of Ecuador informs the Tribunal that on February 17, 2012, the Sole Division of the Provincial Court of Sucumbíos declared the judgment against Chevron in the Lago Agrio case to be enforceable under Ecuadorian law. The Court denied Chevron's request to suspend enforceability pending appeal or require Chevron to post a bond. The Court examined its obligations under the Tribunal's First Interim Award and international human rights treaties and found the treaties prevailed. The Republic provided the original Spanish decision and English translation.
The Respondent informs the Tribunal that it has taken measures to implement the Interim Award issued on January 25, 2011. Specifically, the Attorney General of Ecuador issued notices of the Award on January 26, 2011 to the President of Ecuador, Judiciary Council, Ministry of Foreign Affairs, and appellate judges. Given the transition of judges at the National Court, notice was sent to its President on January 31. Through these official communications, the various branches of the Ecuadorian State were notified of the Interim Award and directed to suspend enforcement or recognition of any judgments against Chevron.
El juez Lilia Marlene Ortiz Vásquez emitió una orden en un caso judicial entre María Aguinada y otros contra Adolfo Callejas Rivadeneira. La orden aprueba el informe del liquidadora de costas y ordena a Chevron Corporation a pagar $19,041,414,529 dólares estadounidenses o entregar propiedad equivalente en un plazo de 24 horas para satisfacer la sentencia. El juez también rechazó varias mociones presentadas por la defensa.
This letter from King & Spalding LLP to members of an arbitration tribunal requests interim measures in an ongoing arbitration between Chevron Corporation, Texaco Petroleum Company, and the Republic of Ecuador. It summarizes recent developments in related litigation in Ecuadorian courts, including the issuance of an order finalizing the evidence period and allowing for imminent judgment, as well as newly discovered evidence of plans by opposing parties to immediately attach assets and disrupt Chevron's global operations. The letter argues interim measures are urgently needed to protect the arbitration tribunal's jurisdiction and ability to provide meaningful relief by suspending enforceability of any imminent Ecuadorian court judgment.
1) The Inter-American Convention on Letters Rogatory establishes procedures for transmitting and executing letters rogatory, or requests for judicial assistance, between member states of the Organization of American States for civil and commercial matters.
2) Letters rogatory must meet certain requirements like being properly legalized and translated before they can be executed. They can be transmitted through judicial, diplomatic, or central authority channels.
3) The convention provides rules for how letters rogatory will be executed according to the laws of the receiving state and allocates responsibility for costs. It also allows some flexibility if requested by the issuing state.
This document outlines an international convention to abolish the requirement of legalization for foreign public documents. Key points:
1) It applies to public documents produced between contracting states, including documents from courts/tribunals, administrative documents, notarial acts, and official certificates.
2) Each state will exempt covered documents from legalization requirements. Legalization refers only to certifying authenticity of signatures and authority of those signing.
3) An apostille certificate placed on the document is the only formality required between contracting states to certify authenticity and authority. This simplifies legalization requirements.
The document summarizes proceedings in the Provincial Court of Justice of Sucumbíos regarding enforcement of an environmental judgment against Chevron. It orders the expansion of trademarks attached to include additional Chevron and Texaco brands. It denies Chevron's request to revoke the enforcement order, finding the arguments on jurisdiction and alleged procedural flaws have already been rejected in prior rulings. It authorizes letters rogatory to be sent to foreign authorities to aid enforcement efforts against Chevron abroad.
Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America), International Court of Justice, Order on Request for the Indication of Provisional Measures (Feb. 5, 2003)
Este documento presenta la Ley para el Juzgamiento de la Colusión de 1977. La ley establece procedimientos para procesar actos colusorios fraudulentos entre dos o más personas con el objetivo de causar daño a terceros. La ley otorga jurisdicción a los jueces civiles y comerciales para procesar casos de colusión y establece procedimientos de apelación. También invalida actos afectados por colusión y ordena restaurar la situación anterior.
1) El documento presenta la declaración jurídica de Fabián Andrade Narváez, un experto ecuatoriano, sobre varias alegaciones de errores judiciales y violaciones al debido proceso en el litigio de Lago Agrio.
2) Andrade Narváez resume sus conclusiones sobre temas como el momento para adjudicar defensas preliminares, la supuesta unión inapropiada de demandas, los alegados desvíos del procedimiento aplicable en conexión con las inspecciones judiciales, la aplicación retroactiva alegada de la LMA
Este documento presenta extractos del Código de Procedimiento Civil de 1987 de Ecuador. Establece reglas sobre diferentes aspectos del proceso judicial civil, incluyendo procedimientos ordinarios y especiales, presentación de pruebas y evidencia, nombramiento y rol de peritos, y emisión de sentencias.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
This report explores the significance of border towns and spaces for strengthening responses to young people on the move. In particular it explores the linkages of young people to local service centres with the aim of further developing service, protection, and support strategies for migrant children in border areas across the region. The report is based on a small-scale fieldwork study in the border towns of Chipata and Katete in Zambia conducted in July 2023. Border towns and spaces provide a rich source of information about issues related to the informal or irregular movement of young people across borders, including smuggling and trafficking. They can help build a picture of the nature and scope of the type of movement young migrants undertake and also the forms of protection available to them. Border towns and spaces also provide a lens through which we can better understand the vulnerabilities of young people on the move and, critically, the strategies they use to navigate challenges and access support.
The findings in this report highlight some of the key factors shaping the experiences and vulnerabilities of young people on the move – particularly their proximity to border spaces and how this affects the risks that they face. The report describes strategies that young people on the move employ to remain below the radar of visibility to state and non-state actors due to fear of arrest, detention, and deportation while also trying to keep themselves safe and access support in border towns. These strategies of (in)visibility provide a way to protect themselves yet at the same time also heighten some of the risks young people face as their vulnerabilities are not always recognised by those who could offer support.
In this report we show that the realities and challenges of life and migration in this region and in Zambia need to be better understood for support to be strengthened and tuned to meet the specific needs of young people on the move. This includes understanding the role of state and non-state stakeholders, the impact of laws and policies and, critically, the experiences of the young people themselves. We provide recommendations for immediate action, recommendations for programming to support young people on the move in the two towns that would reduce risk for young people in this area, and recommendations for longer term policy advocacy.
AHMR is an interdisciplinary peer-reviewed online journal created to encourage and facilitate the study of all aspects (socio-economic, political, legislative and developmental) of Human Mobility in Africa. Through the publication of original research, policy discussions and evidence research papers AHMR provides a comprehensive forum devoted exclusively to the analysis of contemporaneous trends, migration patterns and some of the most important migration-related issues.
Presentation by Rebecca Sachs and Joshua Varcie, analysts in CBO’s Health Analysis Division, at the 13th Annual Conference of the American Society of Health Economists.
Indira awas yojana housing scheme renamed as PMAYnarinav14
Indira Awas Yojana (IAY) played a significant role in addressing rural housing needs in India. It emerged as a comprehensive program for affordable housing solutions in rural areas, predating the government’s broader focus on mass housing initiatives.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
How To Cultivate Community Affinity Throughout The Generosity JourneyAggregage
This session will dive into how to create rich generosity experiences that foster long-lasting relationships. You’ll walk away with actionable insights to redefine how you engage with your supporters — emphasizing trust, engagement, and community!