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Court Decides Cases
Factors the Court Considers When Choosing Cases There are pivotal reasons for the Supreme Court to give merit to cases to be heard on the court
floor. Not all parties are satisfied with the decision made by lower courts, for that reason the mentioned party must petition the U.S. Supreme Court to
hear their case. With the overwhelming number of more than 10,000 petitions for certiorari every year submitted to the Supreme Court, only less
than 80 accepted for hearing, the rest of cases discarded in the process. The Supreme Court practice for four justices to grant a writ of certiorari for a
case to be heard on the Court floor, preventing a majority of the Court from controlling the Court's docket, thus under the Rule of Four, the Supreme
Court decides which... Show more content on Helpwriting.net ...
Based on the summarized petitions and its recommendation, if the cases are in the Justices' favor, the Justices make a decision to proceed with the
issue of a "writ of certiorari." The Influence Factors For the Supreme Court To Rule The law, personal views of the judges that relates to their ideology,
influence of the other justices, social pressure/public opinion, and influence of the other branches of government are taken into measures by the
Supreme Court to rule over cases. The Supreme Court is not immune to those internal and external factors upon their ruling. The Most Importance
Factors For Justices to Consider When Making Their Decisions. The law is the most importance thing in Justices decision–making among other factors.
Before the law is written, long process of scrutiny takes place and the law represents the justice of all, or at least the goal of that such of law written.
Also, expectedly the law acts as the guideline without ambivalent sentiment from individualistic character of
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Unbiasing Mediation Attorneys In Court Cases
Courts have a backlog of cases these days, and many of the hearings can be settled without going to trial. Many law firms have begun to offer
Mediation Attorneys as a way for clients to avoid going to court. Mediation is an alternative for those already dealing with cases that have high
emotions attached to them like divorce. Deciding to go the route of mediation can also be a cost saving factor as well.
Mediating a case keeps the clients in control of the outcome, going before a judge leaves the final decision out of a person's control. People can also
spend more money going into litigation, and the wait for the trial can put more stress on an already stressful situation. Mediation Attorneys are skilled
in negotiation and take an unbiased
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Taken To Court Case Analysis
For a case to be taken to court, there are a lot of factors that have to be considered. When the case is taken to court, the judge has found there to be
enough evidence for the case to be taken to trial and now it is up to the prosecutor and the defendant's attorney to prove their side of the story. The
prosecutor has to prove the defendant is guilty with all the evidence that he has to the jury and the defendant's attorney has to poke holes in the
prosecutor's points in order to prove that the prosecutor does not have reliable information. The prosecutor, the defense attorney and the judge are the
three major players of the court and they have to decide if someone is innocent or guilty of a crime.
Before a case gets taken to trial, the ... Show more content on Helpwriting.net ...
Andrew Hessick IIII and Reshma M. Saujani (2002) explain how, "Many attorneys consider the risk associated with going to trial very high
because it is well understood that defendants convicted at trial usually receive more severe sentences than those who plead guilty" (p. 211).
During trial both sides will represent why they believe the defendant is innocent or guilty based off of the evidence that each side has to the jury
and the judge. During this process, the judge sits back and listen because the judge is like a referee according to Judge Walling. Judge Walling
states that the judge makes sure the lawyers are following the right protocols. Unless the judge is engaged in the court hearing, they are a neutral
party. Francesco Ferraro (2013) backs up what Judge Walling says by addressing that, "Judges must be the tutors of the citizens' expectations, which,
under a system of statute law, will focus on the code." (p.140). The judges are only there to be an eye for the people and make sure that everything is
following the law in the court room. After each side debates on if the defendant is guilty or innocent, the jury comes back and the verdict is given to
the defendant.
There is a process in determining if someone is innocent or guilty of a crime and it works for the most part. The police will help the attorney get the
evidence that the attorney will need to prove that the person that the police arrested was the person that committed the crime. The defense will back up
their client and make sure that if they are guilty that they get some fair treatment. While all of this is happening, the judge will sit back and make sure
that everything is following the law and intervene if he or she has
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Observation Of The Judge Petrolle: Court Case
On the morning of Wednesday, November 5, 2014 I woke up at 8 a.m. and headed right over to the courthouse in Newark to witness my first ever
court case. I opened up the doors, walked through the metal detectors and was finally at Veterans Courthouse. Due to your recommendation, I was
looking for Judge Petrolle. The whole time I was there I helplessly walked around the courthouse for an hour following signs that said what room he
would be in, but he was no where to be found. Finally, I decided to ask someone and ended up meeting Judge Carole(i think that was her name) who
was extremely helpful and informed me that Judge Petrolle was off duty. I ended up talking to her for about 5 minutes or so and I told her about the
assignment so she gave ... Show more content on Helpwriting.net ...
I thought it was very obscure that you would have the criminals accomplice and own cousin as a witness for the trial. I find this weird because both
of these men are criminals due to their criminal history and prior convictions. I thought it was extremely dragged out in the way that the
prosecutor asked the simplest and littlest questions to Fate in order to generate the responses she wanted to hear. It seemed that every time she
did not receive an answer that she agreed with or liked 100 percent she would pause for 15 seconds and then send out another question that would
regenerate an answer that she wanted to hear. As this process proceeded the only thing the defendants attorney did was back his client up and
made sure that none of the questions or responses were misleading. The judge seemed to be silent and just rolling his eyes throughout the whole
questioning process, while he acted just as a mediator and listened to everyone talk without any input at all. I was not able to see anymore of this
case so I do not not what the final decision will end up being. My guess would be that Mr. Perry gets a minimum of 10 years and a maximum of 28
years in prison or life. HIs cousin, the accomplice, should also see just as much time for being involved but I do not see him serving more than is
cousin but possibly just as much. This case has dragged out for sometime now an it is due to Fate being accused of
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Small Claims Court Case Analysis
The purpose of this essay is to analyze state court jurisdiction issues. To do so, this essay will look over the district courts, small claims court, and
county courts. This essay will discuss their differences in cases, expenses, and processes and how they are limited. Staring with the jurisdictional
limits of small claims court, it's important to know the minimum expense is $5000. The maximum amount you can claim, in some states, is $10000.
There many cases that a small claim court can prosecute. One is recovering a security deposit. If in a situation the landlord refuses to return a security
deposit you can argue to reclaim it in small claims court. Yet, if you owe rent then you landlord can take you to court, so it's fair in most
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Potential Jurors In Court Cases
The Constitution guarantees us a right to a trial by a jury in serious criminal hearings. The jury job is to weed out the facts by reviewing the evidence
and deliberating on a verdict based on an agreement of three–fourths or five–sixths of the jurors (How Are Potential Jurors Selected, 2016), (How
Courts Work, 2016).
Jurors selected in two phases. The first phase the jurors are randomly selected. The state or federal district will randomly select names from a list of
registered voters, a list of people who hold driver's licenses in the state, or a list of people receiving unemployment benefits from the state (How Are
Potential Jurors Selected, 2016). After your name is selected off of the list you will receive notification through the... Show more content on
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Voir dire is when the court and the attorneys select 12 people as jurors for the case. The process for voir dire differs from state to state, and even from
judge to judge on how many jurors they want on the case (How Are Potential Jurors Selected, 2016). Before the interview of the jurors the judge
will make a brief statement on the case and inquire on any reason why the juror cannot serve on the case (How Are Potential Jurors Selected,
2016). In addition, alternate jurors are selected due to matter if someone becomes ill or die during the trial (How Courts Work, 2016). They hear
the evidence just like the other jurors but not able to deliberate until they are a juror for that trial. Jurors are selected based on their backgrounds
and beliefs (How Courts Work, 2016). The juror's interview can be in front of all the selected jurors or in private. The attorneys can at any time
object to a juror being part of the trial. There are two types of objections such as peremptory challenges and challenges for cause against the juror
(How Are Potential Jurors Selected, 2016). If and when an attorney challenges a juror for cause, the attorney defense has something to do with the
juror's background or knowledge to the case that would partially be prejudgment towards the case (How Are Potential Jurors Selected, 2016). Let's say,
if there is a police brutality case most likely a police officer will not be selected as a juror in this case. Also, in
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Disney Court Case
Within the first few minutes of Karen Morris entering the lecture hall I knew her presentation would be interesting, and one that would be hard not to
pay attention to. I thought she picked a great topic to present on, I found the stories of the different cases incredibly interesting, and even humorous at
some points. I felt that she kept everyone's attention throughout the presentation by the way she presented the information, she was not only loud but
you could tell she wanted to be there and wanted to share these cases with us.
She began by introducing herself and telling us about traffic lawns and not to text and drive, as well as explained the consequences of doing it, which
I thought was a good way to start out and to catch everyone's attention. She then moved on giving us brief synopsis of many different court cases,
explaining laws that sparked some discussion. The first court case that brought on a discussion was one related to copyrights. Two people owned a
restaurant that eventually closed, the owners parted ways and opened up two different restaurants on their own. One of the previous restaurant owners
wrote all ... Show more content on Helpwriting.net ...
A little boy was swimming and playing in very shallow waters at a beach area, under his parental supervision. An alligator appeared biting and
dragging the little boy under water practically drowning him, he didn't die but was seriously injured. There were signs around the beach area
saying "no swimming", however there were no signs warning people of alligators. The boy's family is suing Disney saying they didn't take proper
precautions by just having a sign saying no swimming. Disney has workers who patrol these waters, and alert someone if there are alligators to have
them removed. Disney has now put up signs saying there are alligators along with a fence around the area. The case is still in progress and is being
debated over whether disney took proper
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Circuit Court Case Study
In this instant appeal, Mr. Shoemaker asserts that the circuit court erred by imposing an improper purge provision after finding him to be in contempt,
and that the circuit court erred in finding that Mr. Shoemaker would be liable for alimony payments in accordance with the parties' original separation
agreement. We shall address both of these arguments in turn.
I. The Circuit Court Did Not Craft an Improper Purge Provision in Its Contempt Order.The scope of our review of a trial court's contempt finding is as
follows:
(a) Scope of review. –Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudge
him in contempt of court, including an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action.
Md. Code (2006, 2013 Repl. Vol., 2015 Suppl.) В§ 12–304(a) of the Courts and Judicial Proceedings Article ("CJP"). ... Show more content on
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Dept. of Human Res.], 402 Md. [79,] 101, 935 A.2d 432 [(2007)] (citing Jones, [supra,] 351 Md. at 282, 718 A.2d 222). Any purge must be within
the present ability of the defendant to perform at the time of sentencing. Arrington, [supra,] 402 Md. at 101, 935 A.2d 432; Bryant [v. Howard
Cnty. Dept. of Soc. Serv. Ex rel. Costley], 387 Md. [30,] 48, 874 A.2d 457 [(2005)]; Jones, [supra,] 351 Md. at 275, 718 A.2d 222. The reason for
the rule lies in the coercive, as opposed to punitive, nature of sanctions in a civil contempt proceeding. Jones, [supra,] 351 Md. at 281, 718 A.2d 222
("If a defendant is unable to pay a purge provision, no amount of time in prison will induce compliance."). Therefore, if the sanction is incarceration
and the purge is the payment of
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Paternity Vs. Court Case Study
LEGAL BRIEF To: Attorney Barone From: Cynthia Fitzgerald Date: December 8, 2010 Re: Paternity & Maternity of Infant R. Court of Appeals of
Indiana, No. 64A03–0908–JV–367 FACTS: T and V are husband and wife. They entered into a surrogacy agreement with V's sister, D to implant in
D an embryo created from T's sperm and V's egg. A successful pregnancy resulted and Baby R was born in February 2009. Two months earlier in
December 2008 T, V, and D petitioned the Porter County Juvenile Court to establish paternity and maternity of the unborn child. The father, T, was able
to establish paternity at that time simply by filling out an affidavit. The mother, V, was statutorily unable to prove maternity and her petition was
denied. This is a case of first impression in this State. ISSUE: The question before the court is, according to Indiana Statute, did the trial court
erroneously deny the maternity petition, which sought to establish V as the legal mother of Baby R.?... Show more content on Helpwriting.net ...
16–37–2–2.1. Indiana has no statutory provision to establish maternity in these circumstances. In fact, Ind. Code sec. 31–9–2–10 defines the birth
parent to be "the woman who is legally presumed to be the mother of biological origin" and therefore "the mother's legal obligations to her child arise
when she gives birth." It should be noted that until maternity for V is established, D is legally responsible for Baby
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Court Case Report Sample
In observing proceedings in the county civil courthouse located at 1115 Congress Avenue. The room number is 309th on the floor seven of honorable
judge Sheri Y. Dean. This case is about children and family practices and is still in establishment processing status. At the beginning of the trial,
plaintiff named Brooklyn and defendant named Rodriguez had their own attorney to give legal advice and advocates. Everyone rises as the judge
walk–in to show a respect and then seated when the judge told them to. The rules of the courtroom are very formal. The court is the place of justice,
fairness, and unbiased in a legal system. The innocent party will be rewards and wrongdoer will be punished. The entrance to the courtroom was a
large double door. ... Show more content on Helpwriting.net ...
As the judge has ordered the defendant to step on the podium. Defendant began to introduce about him as matter of answers the questions that his
attorney will ask him of all the questions related to the case. The defendant is responds the truth and the only truth under the oath. The judge decided
whether the answers are correct or inaccurate, so she can question the defendant ambiguity. After the Rodriguez attorney finished, the defendant is
subject to cross–examination by plaintiff party. The attorney asks about his recollection of the event happened and aim to attack his credibility. This is
an essential to recognize the flaw in the defendant able to answer. In this process, objection may arise by the defendant attorney. Judge either grant or
reject the objection for the attorney to speak. After the plaintiff attorney finished, defendant attorney re–direct examination one more time. All the
related information had been attained by the judge and attorneys, then defendant step down the podium. Now, plaintiff step on the podium that will
answer the questions similar procedure as a defendant. Both attorneys have no more questions and evidence to submit to the judge. Each attorney
summarizes the argument to support her client's claim. The case had been decided by the judge. In the closing argument, throughout the interpretation
of it evidence, the judge has postponed the case because either party does not have enough evidence to support their claim. The judge did not grant any
favor over any party and dismissed the cases until further
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Escambia County Court Case Study
On the evening of Thursday, August 25, 2016, officers from the Florida Fish and Wildlife Conservation Commission (FWC) encountered Lan Nguyen
Tran, a fisherman of Escambia County. Suspicious of Tran's shrimp boat and nets, Officer Allgood and Officer Manning of the FWC inspected Lan
Tran's fishing nets, of which four were discovered to be larger than sizes permitted by law, equating to a misdemeanor offense in the state of Florida
(source). In a second–level violation of the Florida Fish and Wildlife Conservation Commission rules, Tran was detained, and a total of four
oversized fishing nets were confiscated by the FWC officers (source). On Thursday, September 8, 2016, Lan Nguyen Tran entered the Escambia
County court system, was arraigned on Friday, September 26, and pleaded not guilty on Tuesday, November 1, based on reports from the Escambia
County Clerk of the Court (source). Tran was appointed a public defender by the court system, and The Honorable Ms. Jennifer Frydrychowicz was
assigned to the case.... Show more content on Helpwriting.net ...
While the courtroom was relatively small in size, the front of the room featured a table for the prosecution team, along with two separate podiums,
stationed just before the judge's bench. The room also featured a juror's box; however, no jury was present for the duration of Tran's court session. To
the viewer's right of the judge's bench, a team of court officials were seated, while a witness stand was positioned to the viewer's left of the judge's
bench. Two bailiffs were positioned to both the left and right of the judge's bench. In the empty juror's box, additional court officials, including law
enforcement officers, were
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Court Case Summary
The important facts regarding Ron D. Meyer versus Race City Classics, LLC are as follows: Mr. Meyer a lover of classic cars came across a 1970
Ford Mustang on the classic cars website being sold by Race City Classics, LLC, a North Carolina based company. Mr. Meyer initiated contact
with Mr. Thomas D. Alphin, one of the owners in order to purchase this classic car. All transactional discussions were made by email or telephone.
A price of $21,000 was agreed upon, in addition to the shared expense of having the vehicle shipped to Nebraska, which is Mr. Meyer's state of
residence. Mr. Meyer purchased this vehicle solely to enter it into car shows. Funds were wired to Race City Classics, LLC and the vehicle was
delivered. Upon receipt of the vehicle, Mr. Meyer found the vehicle to have paint damages in several areas of the car, along with the hood being
misaligned, the trunk unable to open, and the vehicle unable to crank. Mr. Meyer requested a full refund of the purchase price and when Mr.
Alphin refused, he filed a claim in district court in Nebraska. Mr. Alphin was served notice to appear in court and he refused; therefore, the
Nebraska court entered a default judgment for the amount of $8.942.30 against Mr. Alphin, defendant for Race City Classics, LLC. The amount
awarded was for the necessary cost of repair alleged by Mr. Meyer, plaintiff. Mr. Meyer then filed a "Docketing of Foreign Judgment" and a "Notice
of Filing for Judgment" in Iredell County Superior Court. This is the county and court in North Carolina where Race City Classics, LLC resides. Upon
notification of the filings,... Show more content on Helpwriting.net ...
Ron D. Meyers, plaintiff and appellant from Nebraska and Race City Classics, LLC the defendant and appellee from North Carolina. The
representative for Race City Classics, LLC is Mr. Thomas M. Alphin. Mr. Alphin is the owner who corresponded with Mr. Meyer for the purchase of
the 1970 Ford Mustang mention in the
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Chinese Government Structure and Court Cases
Comparison of the Gang of Four and Bo Xilai's case
The media has often referred to Bo's case as the most important case in Chinese history since the Gang of Four case. In fact, there are various points
of similarities between the two cases in terms of their political importance. For instance, both cases related to political functionaries who had fallen
from grace, and tested the legal system's ability to secure a fair trial. Indeed, according to Jerome A Cohen, thecriminal justice system is perhaps the
most telling indication of a government's adherence to human rights standards.
A.Court of adjudication and the right to appeal
Independence of the judiciary is often limited in order to deal with political opposition in authoritarian states. In this section we consider the powers
and limitations of the courts that adjudicated these two cases. Notably, both cases were decided by courts other than the regular court with
jurisdiction. In the Gang of Four case, the State in fact established an ad hoc court, whereas Bo Xilai's case was adjudicated by a court other than the
court of territorial jurisdiction. This section discusses the reasons for reliance upon extra–ordinary jurisdiction in both cases.
The Gang of Four case was adjudicated by a special court and prosecuted by a special procuratorate. The SPC president of the time, Jiang Hua argued
that the Special Court was necessary because the normal system of judicial procedure had been profoundly disrupted by the
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Blood Test In Court Cases
1)The statute that the Court have to interpret is whether they should consider the blood test. a)"blood test in civil actions. Whenever it shall be
relevant in a civil action to determine the parentage or the identity of any child, . . . the court. . . may direct that any party to the action and the
person involved in the controversy to submit to one or more blood tests, to be made by duly qualified physicians. Whenever such test is ordered and
made the results thereof shall be receivable in evidence, but only in cases where definite exclusion established". b)"In paternity proceedings, divorce
actions, and other types of cases in which the legitimacy of a child is in issue, the modern developments of science have made it possible to determine
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The Substitute: Circuit Court Case
discriminatory animus by Cardinal Financial with regard to the declination to make a loan on the original terms. Thus, the circuit court looked
correctly to the Substitute Trustees to advance, if it could, a nondiscriminatory reason for the denial. To meet this obligation, the Substitute Trustees
relied on Ms. Waithe's testimony at the hearing regarding what she was told by a Cardinal employee: Q: And when, when did you learn that,
excuse me, that loan was not going to be available? A: Directly before going to closing we received a call to let us know from the Ryland Home
Community Office at that time that the package was no longer available. Q: And was it explained to you why it was no longer available? A: I asked
why it was no longer available
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Third Court Case Analysis
The Third Circuit erred in finding VHI have third–party standing, and his lower court's decision should be reversed. In general, litigants do not have a
standing to assert the rights of others, unless the litigant meet the constitutional and prudential requirement of third party standing. Litigants does not
meet constitutional limitation of third party standing unless they sustain or will sustain injury that is actual and imminent. Steel Co. v. Citizens for a
Better Environment, 523 U.S. 83, 108 (1998). Moreover, Litigants does not meet prudential requirement of third party standing unless litigants share a
close relationship with the right holders, or unless the right holders have a genuine obstacle to sue by their own. Amato v. Wilentz, 952 F.2d 742, 749
(3rd Cir. 1991). Under this analysis, VHI does not have a third party standing because VHI does not meet either constitutional or prudential requirement
of third party standing. A. VHI Does Not Meet the Constitutional Requirement of Third Party Standing Because VHI's... Show more content on
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Lyons, 461 U.S. 95, 102 (1983). This requirement was not met in Lyons when a plaintiff sought an injunction to stop the police from using chokehold.
Id. Although the plaintiff had once before been subject to the tactic, the Court emphasized that he was not in imminent danger of suffering this injury
again. Id. Accepting such an injury, the Court reasoned, required a dramatic sequence of presumptions: not only would the plaintiff have "another
encounter with the police," but either "all police officers in Los Angeles always choke any citizen with whom they happen to have an encounter," or
the City "authorized police officers to act in such manner." Id. at
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The Court Case Of Gideon V. Case
[The United States, is it a country of deviant lawbreakers? Or is it a country of too many laws? There were more than 12 million arrests in 2011,
the question of how to adjudicate these cases has become an issue for the federal, state and local courts across the country. The overcrowding of our
court dockets has become a major problem for court administrators working in every courthouse in the United States. Why the courts are so
overcrowded, and how the court administrators, judges, and attorneys deal with overcrowding will be the focus of this paper. [There are several factors
that contribute to the excess numbers of cases in the court system today. One of the influences is the Supreme Court case of Gideon v. Wainwright, 372
U.S. 335, a landmark case, which ruled that under the Fourteenth Amendment states will provide counsel to individuals charged with a crime who
cannot afford to pay for an attorney themselves. Prior to this addition, Judges decided cases and the cases moved much faster through the system.
However, the addition of lawyers to each case and the need for trials grew, in turn the speed of the system slowed. [Additionally, an enormous change
to the system is the increase in crime. Evidence shows that between 1982 and 1992 the number of people behind bars in America doubled to one
million, and arrest rates continue to soar (Moyers, 1992). There are several schools of thought on the increase of crime, some attribute the influx of
"crack" cocaine, and other
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Martha Simpson Court Case Essay
Everyone has heard of the OJ Simpson court case – a rich and famous man is accused of murdering his ex wife and despite an overwhelming amount
of evidence presented against him, he somehow manages to be found not guilty. Many people find themselves wondering how that could possibly
happen. Was his defense team simply that good? Were there mistakes made? Was he actually innocent? Simpson's case is not the only one that has
yielded such a strange outcome because of his status and stellar defense team, and certainly not the only court case to cause such an uproar in the
media. Martha Stewart's 2001 case, Scott Peterson's 2004 case, and Lorena Bobbitt's 1994 case are all examples of court trials that sparked interest in
the eye of America.
In ... Show more content on Helpwriting.net ...
Stabile mentions that a lot of the publications focused on Martha Stewart at this time talked about how poorly she would do in jail and how tough the
transition period would be for her because of her personality and persona as a woman who combines a sort of homemaker vibe with a high powered
business woman.
Martha Stewart's defense attorney was a man named Robert Morvillo, a man who had represented high profile clients such as Merrill Lynch and
Amerada Hess. He has been described as "one of the city's savviest white–collar criminal–defense attorneys for more than three decades" (Smith, "Can
This Man Save Martha?"). One of Morvillo's biggest rebuttals in the Stewart case was bringing up the fact that if Stewart were really as smart and
business savvy as the prosecutor will try to make her seem by bringing up her years as a stockbroker, which should have made her realize that the
sales of her stock were illegal, then why would she risk her entire company and image over a sale that would have provided her with a miniscule
amount of money in comparison to what she already makes (Smith)?
Stewart being a household name obviously meant that she had plenty of supporters, but also plenty of opposition. People have all kinds of reasons for
whether they like or dislike a certain celebrity. In
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Evidence Related Issues In Court Cases
Evidence Related Issues
This appeal was entirely based on multiple evidence related issues arising out of the trial by jury in 2005, where Mr. Campbell was held guilty,
mainly due to expert witness testimony as well as the evidence presented by Ms Ingham to be used for motive and tendency purposes.
Appeal Judges as Guardians for Rules on Admissibility of Evidence
Where the admissibility of a confession or other item of prosecution evidence is disputed, the judge will often hear evidence in the absence of the jury
before deciding the question. This procedure is known as a 'voir dire' after the type of oath administered to witnesses who give evidence during it .
Where the admissibility of a confession is disputed, the defendant will usually ... Show more content on Helpwriting.net ...
As per the Uniform Evidence Act, there are two aspects of the test for admissibility under the uniform evidence legislation. The first is the
requirement of notice which applies to all tendency and coincidence evidence. The second aspect of the test for admissibility is a test for probative
value. In general, the legislation requires that tendency and coincidence evidence must 'have significant probative value': ss 97(1)(b) and 98(1)(b). If
the tendency or coincidence evidence is evidence about an accused person in criminal proceedings, and the evidence is being adduced by the
prosecution, however, then a higher standard is required. In such cases, the evidence is inadmissible 'unless the probative value of the evidence
substantially outweighs any doubt.
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Specialized Courts Case Study
9.What are specialized courts? What role might they play in the future of court processing moving forward? According to Quinn, what are some of the
pros and cons of specialized courts? Specialty Courts are problem–solving court sessions which provide court–supervised probation and mandated
treatment focused on treating the mental health or substance abuse issues underlying criminal behavior. Problem solving courts focus on social
concerns like addiction, domestic violence, mental health issues, and prostitution. Specialty courts claim to cure addiction, address intimate violence,
prevent recidivism, reduce costs, and save lives.Specialty courts will play a major role in the future when it comes to court processing. By having
specialty court... Show more content on Helpwriting.net ...
Bogira paints a portrait of some of the more personal and nuanced day–to–day activities that go into courtroom behavior and decision making. Describe
some of the often overlooked aspects of day–to–day court operations (i.e., judges background, public pressures, defense attorney and prosecutorial
ambitions, etc.) and how they may affect court outcomes for defendants. Bogira paints a portrait of the real side of the law and after reading
Courtroom 302 I'm applauded at the things I've read. Bogira's showed a different side to prosecutors, detectives, and judges detailing the little to no
interest they had in righting the wrongs caused by the court. Regardless of the eventual outcome of cases, the prosecutors and Locallo seemed
disinterested when it was suggested that defendants were treated unfairly or received unjust sentences. We overlook how the defendants ask for the
lawyer and family before heading to the courtroom how , prosecutors, judges, and even police officers seem more likely to consider defendants in a
negatively. Bogira stated that the offender wouldn't be on trail if the did nothing wrong. Which isent true each day we hear about a person being
wrongly commited and spend over 20 years in jail. adopting these defendant–critical views might be the best way for these court officials to do their
jobs. How prosecutorial ambitions blind an attorney from doing their job ethically, overlook the possibility of injustice when it goes against the court's
goals of convicting
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Court Cases: Alternative Dispute Detection
Intimidated is how most people feel when they think of filing a civil lawsuit; overcrowded court dockets added to the typical proceedings of litigation
can add up to high costs in both time and finances. Once through the phases of Pre–trial and Trial the plaintiff may find themselves in Post–trial and
possibly an Appellate Court adding to the emotional stress and possible financial loss. An option for a less informal process which could be considered
over traditional lawsuits is known as alternative dispute resolution, ADR. ADR has become a popular way to settle cases and should be reviewed by
Client and Attorney as a feasible option and one that should be considered when filing personal injury lawsuits.
Civil Proceedings
Starting the process with typical judicial proceeding would include filing a personal injury complaint with the local state court. The defendant will ...
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The Appeal process asks a higher court to review the trial court proceedings and can extend the litigation by over a year.
Alternative Dispute Resolution
Alternative Dispute Resolution is an alternative process to typical civil litigation which involves the use of a neutral party to help resolve cases. ADR
provides mediators, arbitrators, neutral evaluators or an opportunity for a settlement conference.
Mediation is an informal process where the mediator helps each party with understanding their legal and practical choices as well as the interest of all
involved. Mediators help keep the focus on resolutions which work for both sides and help reach acceptable conclusions.
Another type of Civil ADR is Neutral evaluation which is an informal process which the evaluator hears a compact presentation from both sides of the
case. This process can identify any gaps; create stipulations and discovery
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Divorce Court Cases
One of the earliest examples of divorce was in Massachusetts Bay. When it was a colony, the people had created a small judicial group that
specifically dealt with divorce matters in 1629. This legislative group was allowed to grant divorces on the grounds of adultery, desertion, bigamy
(being married to multiple people), and impotence (a man's inability to have sexual intercourse). In the northern colonies, they tried to make divorce
available to the people. However, southern colonies, due to their more conservative views, tried to prevent the act of divorce, even if they had the
same legislation (The History of Divorce Law in the USA, 2014). Many of the American states had divorce legislation after gaining Independence from
Great Britain, ... Show more content on Helpwriting.net ...
California was the first to adopt the law in 1969 and later on, other states (Iowa being the second) did too (The History of Divorce Law in the
USA, 2014). Over the years, divorce has increased as the stigma against it has started to decrease since the 1800s. Divorce rates went from less
than 3% to about 7% from the late 1800s to the late 1960s. Before 1867, divorce statistics were not recorded. While there was a large amount of
dishonor attached to divorce in the 1800s, divorce still happened every once in a while. One of the influences on divorce statistics at the time was that
women outside of marriage didn't have the same economic opportunities that men had. While divorce rates still weren't that high compared to later on,
divorce began to slowly increase. Divorce rates during the 1900s were still low because you couldn't acquire a divorce without proving abuse,
adultery, or abandonment. Divorce continued to rise at a steady pace, significantly increasing in the 1970s. This was because no–fault divorce had just
been made available and people could now file without the hassle of having to prove something had caused the marriage to fall
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Drug Court Case Study
Since no drug court follow an uniform standard model, each state addressed the issue depending on their own jurisdiction model or code with slight
variation of the six requirements under Morrissey (Oram & Gleckker, 2006). In State v. Cassill–Skilton (2004), Washington state statute authorized the
creation of drug courts but failed to provide the provisions for operating the treatment program. The notice requirement became the center focus of the
case where the defendant was admitted into a drug treatment program but violated the terms of conditions when the defendant was charged with
another offense during the course of the treatment (State v. Cassill–Skilton, 94 P.3d 407, 2004). The court terminated the defendant from the treatment
program... Show more content on Helpwriting.net ...
This generalized statement can be proven based off the issue going back to judges playing a heavy role in determining the defendants drug treatment
plan and its precedents in making sure the defendant follows through (NADCP, 2007). The case of Alexander v. State raised the concern of the fifth
Morrissey requirement when the defendant brought his case to trial on the basis that the judge was "inherently biased" in both sending one to a
treatment proceedings and how the treatment is conducted (Oram & Gleckker, 2006; NADCP, 2007; Alexander v. State, 48 P.3d 110, 2002). The
Oklahoma court recognized the bias that occurs when a judge plays the role as the problem–solvers by administrating, evaluating and monitoring the
defendant's participation of the drug treatment as well being a judicial adjudicator. Based on this biased, the court determined that a defendant can
object to the presiding drug court judge by filing a pre–hearing or a motion to recuse. The motion to recuse would automatically be granted, which
permits the defendant to disqualify a judge without cause (Oram & Gleckker, 2006; NADCP, 2007; Alexander v. State, 48 P.3d 110, 2002). In the
concurring opinion, Judge Lumpkin provided alternative methods for protecting defendant's procedural due process rights. Such methods
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Appearance And Court Case Analysis
In the legal field, key to presenting competence to your client, opposing attorneys, and the court, appearance stands. Reviewing persons in the legal
field remains a head to toe scrutiny, since if your appearance portrays competence, until there exists a mishandling of the case or the client, their
confidence in the firm remains solid. Upon studying the slides of the Professional Law Firm slides, the evaluation follows:
Slide 1 appears to be a female junior attorney and a male junior attorney discussing a case in front of a male senior attorney in the law firm. The
female attorney ensemble consists of a gray pinstriped suit jacket with a pale blue blouse. With her top button unfastened, her hair up and formal, no
distracting makeup or jewelry, her appearance seems a casual formal attire. The males dressed formally, dark suits, both ties and hair view appropriate
for their position. The two junior attorneys appear to be inside the professional space bubble, without knowing what their conversation concerns, the
males smile seems inappropriate. The senior attorney's desk consists of a well–ordered and properly arranged appearance, over all a ... Show more
content on Helpwriting.net ...
Once in court a judge called a recess, in order for an attorney to get his jacket and tie. The attorney was wearing a nice dress shirt but it was open to
the second button and the judge was a stickler for appropriate attire. In our office, I had to either have long sleeves or wear short sleeves and wear a
jacket when meeting with clients. Our attorney loved the older style of dresses, and once she went to court, after proceedings were complete, the judge
asked her and I to chambers where he told the attorney to "release the past fashion and accept the new professional attire" (Wann,
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Civil Courts Vs Syariah Court Case Analysis
The issue of jurisdictional conflict between the civil courts and the Syariah courts has been standing unresolved for so many years. Notwithstanding the
amendment made to Article 121(1A) of the Federal Constitution in 1988, the battle between the two courts remains unsettled. The root cause of this
issue is the existence of a grey area between Article 121 (1) and Article 121(1A) of the Federal Constitution after the 1988 amendment. Undoubtedly,
the aim of the amendment which created Article 121(1A) was in many ways to avoid in the future for any conflict between the decisions of the civil
courts and the Syariah courts. However, it turns to have caused even more uncertainty, conflict and confusion in our legal system than ever was the case.
... Get more on HelpWriting.net ...
Examples Of Superior Court Cases
1.What type of cases you heard and how are District Court cases different from Superior Court cases?
At Superior Court I went to courtroom 4C and 3C. I heard cases about felony such as breaking and entering a house, possession of drugs, fraud,
larceny, probation violation, possession of stolen goods, and injury to property.
At District Court I went to courtroom 1C and 1D. I heard cases about misdemeanor such as assault inflicting injury, simple assault, impaired driving,
speeding, and revocation driver's license.
In district court, criminal cases begin with a "complaint" filed by the police, or private individual in the clerk's office. District Court heard
Misdemeanor offenses and conducts preliminary hearings to determine if there is enough ... Show more content on Helpwriting.net ...
If the grand jury (group of citizens) decides there is probable cause to believe a crime has been committed, they issue an indictment whose individual is
notified and must appear in superior court on the arraignment date, the first court date.
2. The difference in how Prosecuter, Defendants and Defense Attorneys conduct themselves?
At District Court:
–Prosecuter
The prosecuter asks who has an attorney to the people that wait in the courtroom. If someone do not have a lawyer the State will provide one. He also
calls the parties name in dispute to start the hearing, says the number docket to the judge and reads the indictment. He is seated in his desk all the time.
–Defendants
The defendants are dressing regular clothes. They still have freedom and can leave the courtroom finishing the hearing. All defendants are in the same
courtroom waiting for their turn. They usually stand up in front at the judge and besides their lawyers when starting the hearing. Sometimes, the judge
advices them or make questions to them.
–Defense Attorney
Defense attorney and client are stand up in front of judge. Usually the defense attorneys plea guilty to their client and makes an arrangement with the
judge. The defense attorneys sometimes present a motion to the judge that can be denied or
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Shahmaleki Moot Court Case Summary
Under Clearly Established Law, Sufficient Process was Provided to Defeat Count I Even if we assume that Shahmaleki does have a property interest
in his continued enrollment then there is still no due process issue as the University provided Shahmaleki sufficient process under the law. Students in
disciplinary settings are only entitled to "some kind of notice and afforded some kind of hearing". Universities normally should provide students notice
of the charges, an explanation of the evidence against them and an opportunity to present their side of the story. These are not rigid requirements,
though, as due process is flexible and tailored to the specific facts of a case. In determining what is enough process, courts balance the student's... Show
more content on Helpwriting.net ...
Shahmaleki attended a hearing with KSU officials Leitnaker and Reed about his alleged conduct. At this hearing, the officials provided him with a
detailed explanation of the six violations of the threat management policy as well as the evidence supporting each of these charges. The officials
gave the Plaintiff an opportunity to respond to those allegations and he was able to present his side of the story as well as any evidence that he
wished. Kansas State University satisfied due process requirements by providing Shahmaleki an account of the evidence against him and giving him a
meaningful opportunity to respond. Shahmaleki failed to show in his complaint any procedural due process issues as the officials provided him the
required amount of process under established law. Shahmaleki claims that KSU did not give an opportunity to defend himself, but the record shows
that he in fact get a chance to respond to the claims at the original meeting with the defendants. In this meeting Shahmaleki denied each claim and use
the opportunity to explain why he believed each one was not accurate. This type of opportunity is a quintessential example of what Goss
... Get more on HelpWriting.net ...
Federal Courts Case Study
In this week chapter, we learn more about Federal Courts which deals with caseloads and case filings. Also, there are a lot of aspects that are
involves in case filings in U.S Courts such as civil, criminal, prisoner petitions, and minor criminal. Furthermore, the rule of four has been a major
factor when choosing which cases to review every year. And, I believe if we want to reduce the amounts of federal caseloads we need to adapt to a
similar approach like the one specialized federal courts use when deciding which cases to hear. According to Neubauer & Meinhold (1991), "These
courts are called specialized federal court because they are authorized to hear only a limited range of cases "(p. 64). The three ways that the federal
court caseloads
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Supreme Court Case Summary
The district court's decision to enter judgment in Plaintiff's favor in accordance with CCG's offer of complete relief was well–reasoned, consistent with
existing Second Circuit and Supreme Court law, and consistent with this Court's subsequent decisions in Tanasi and Bank v. Caribbean Cruise Line,
Inc., 606 Fed. Appx. 30, 31 (2d Cir. 2015). Accordingly, the district court correctly held that upon entry of judgment in his favor, Plaintiff's individual
claim was moot. Once Plaintiff's individual claim was rendered moot, the district court correctly dismissed the putative class action as moot because
Plaintiff no longer possessed a personal stake in the outcome of the case sufficient to satisfy Article III. It is well settled that a putative class action
generally is moot when the claims of the named plaintiff become moot prior to class certification. Board of School Commissioners v. Jacobs, 420 U.S.
128, 129–30 (1975); Comer v. Cisneros, 37 F.3d 775, 798 (2d Cir. 1994). Indeed, in order to satisfy Article III in a class action, there must be a
named plaintiff who has the requisite personal stake "at the time the complaint is filed, and at the time the class action is certified by the District
Court pursuant to Rule 23." Sosna v. Iowa, 419 U.S. 393, 402 (1975) (emphasis added); see also Swan v. Stoneman, 635 F.2d 97, 102 n.6 (2d
... Show
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That Plaintiff claims a procedural right to represent others pursuant to Rule 23 does not put him on better footing than the plaintiff in Genesis
Healthcare, who claimed a statutory right to represent others pursuant to the FLSA's collective action device. Indeed, there is no basis to exempt Rule
23 class actions from the same fundamental Article III mootness principles that dictated the outcome in Genesis
... Get more on HelpWriting.net ...
Happellate Court Cases
One aspect of the American judicial process about which consensus exists is that every loser in a trial at court has the right to appeal to a higher
court. But, sometimes the appeal process is misunderstood. In the U.S. an appeal is not a retrial of the case, nor its ordinarily a reexamination of
true issues concluded by a trial court. The U.S. appellate courts does not hear a new testimony and does not consider new evidence, they mainly
focus on how the decision was made in the trial court record. Their mainly goal is primarily to review the issue of law presented in a case. An
appellate court was created in part because of the theory that it is better to have several heads when it comes to examining legal questions. In effect,
the decisions of a single judge matters of the law are forced to be reviewed by a panel of judges who are taken away from the heat grown by the trial
and are positioned to take a more overview of the legal questions being raised. They control the functioning as multi member or collegial bodies, with
decisions made by a group of judges. In the courts, usually all the judges participate in all cases in appellate courts the decisions are made up of using
three– judge panels, but in important cases, all the judges may have to participate or referred to an en banc hearing. Finally, the complexities of the
review process, helps by asking why appellate courts exist and why dissatisfied litigants are able to appeal. ... Show more content on Helpwriting.net ...
During the trial, a significant portion of decision making is "spur of the moment." Luckily, judges' make fast decisions and sometimes mistakes occur,
as recalling bodies, appellate courts supervise the work of the lower courts, making sure that the law was correctly interpreted. But even though the
error correction functions of the appellate review it protests against capricious, mistaken legal decisions by a trial court judge, or
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Supreme Court Case Study
COMES NOW, Plaintiff, Biloxi H.M.A., LLC formerly d/b/a Biloxi Regional Medical Center and now d/b/a Merit Health Biloxi (the "Hospital"), by
and through undersigned counsel, and files this its Response to William Kennerly, M.D.'s ("Kennerly") Rule 59 Post Judgment Motion (the "Motion"),
and would show this honorable Court as follows.
1.Kennerly has not met the high burden that must be met in order for the Court to interfere with the jury's decision in this matter. Relief under Rule
59(e) is an "extraordinary remedy that should be used sparingly," and motions under Rule 59(e) should not be used to rehash arguments that could
have been offered or raised before the entry of a judgment. Catholic Diocese of Biloxi, Inc. v. Sebelius, 2013 U.S.... Show more content on
Helpwriting.net ...
The jury deliberated in this matter nearly five (5) hours, and the judgment in this matter is not a "clear error of law." The court did not instruct the
jury on an incorrect burden of proof (see AmFed Cos., LLC v. Jordan, 34 So. 3d 1177, 1191 (Miss. 2009) (where court's instruction "relaxed the
necessary burden of proof"). In fact, Kennerly is not complaining of an "error of law" but of an allegedly misleading jury instruction. An instruction to
which he agreed, as discussed below, along with this Court and the Hospital, to give to the jury. Unhappy with the jury's decision, Kennerly now
believes that instruction was
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Supreme Court Case Summary
Plaintiff's petition alleges three issues with the agency's action under K.S.A. 77–621, but none of the three issues meet muster under the law. The three
issues they allege are 1) the agency action is unconstitutional; 2) the agency engaged in unlawful procedure or has failed to follow prescribed
procedure; and 3) the agency action is based on a determination of fact that is not supported by evidence that is substantial when viewed in light of
the whole record. These three issues represent the only grounds that the Plaintiff has chosen to challenge Fort Hayes State University's decision on
and so under the statute they are the only grounds which this Court can consider. Neither the law, nor the facts of this case support a decision to
overturn FHSU's decision to suspend Herrel. Constitutionality Fort Hayes State University and its officials provided sufficient due process in
Herrel's case. All that due process requires in university disciplinary cases is "some kind of notice and afforded some kind of hearing". First in regards
to the... Show more content on Helpwriting.net ...
Herrel's complaint does not allege any violations of the law beside the constitutional issues that the constitutionality section addressed. As for the
University's procedure, the Kansas Supreme Court has held that courts should "extend deference to an agency's interpretation of its own regulations".
Courts should not disrupt agency's interpretations unless they are "clearly erroneous or inconsistent with the regulation". The Plaintiff's petition does
not specify which rules he believes the University did not follow, but in every instance the University followed its judicial procedure. Disciplinary
procedure at FHSU is governed by the Judicial Affairs Student Code of Conduct, and the Judicial Affairs Processes and Sanction. Any alleged violation
of FHSU's own procedure must come from those
... Get more on HelpWriting.net ...
Magistrates Court Cases
Magistrate's court All criminal cases start in a magistrates' court. Cases are heard by either having 2 or 3 magistrates or a district judge. There
isn't a jury in a magistrates' court. Cases that the magistrate's court deal with include: most motoring offences, minor criminal damage, and being
drunk and disorderly in a public area. They also deal with burglary offences and drug offences. Courts always pass cases that are more serious like
rape, murder, and robbery which are known as 'indictable offences'. The courts can keep people in custody or grant bail. In some cases, magistrates
can keep people in bail either in court cells or police cells. They can also grant bail on strict conditions like not being able to go out past a certain time
... Get more on HelpWriting.net ...
Satan Court Case
You sit in the bench of a courtroom. The purpose of the trial is not immediately clear, but one thing is certain: the prosecutor is angry. He shouts, shakes
his fist, and threatens both the judge and the defense. Amid his tirade, the judge stands, points his finger at the attorney, and yells, "Away with him!"
Without hesitation the bailiff violently grabs the attorney and whisks him away. Before the door shuts behind them, the entire audience stands and
rejoices over the prosecutor's removal. Even the judge begins to celebrate!
At this point, you wonder if the story you just read is true. It is certainly not something you would read in the paper or find within the annals of
history. But, when you study the Scriptures, you will see that very story come to life. It is the story of Satan's conflict with God and His people.
Before Christ's death, Satan stood within the heavenly court and slanderously accused countless people before God (Job 1:6). In this capacity he
accused both Job and Joshua (Job 1:9–11; Zech. 3:1–3). And, like some prosecuting attorneys, he used cunning and deceit to accomplish his mission. In
fact, it is said that he is the father of such things (Jn. 8:44). ... Show more content on Helpwriting.net ...
With the death of Christ, Satan's power over mankind was shattered (Heb. 2:14). His position in that spiritual courtroom came to an end, and Satan was
forcibly removed from it (Rev. 12:7–9). Now, Satan uses his craftiness to deceive humanity so that it will carry out his will instead of God's. From
time to time, he is successful, but the Lord always turns the accuser's plans against him (Rev. 12:13–17). And, in the end, Satan will suffer eternal
punishment for what he has done (Rev.
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Should Be Allowed In Court Cases
Beside jurisdictional questions, I think we have three main arguments on the injunction fee's issue. They are 1) the motion is not timely, 2) the
statute does not allow for fees to be placed upon the State, 3) the injunction was not improperly granted. I would start off by mentioning that Idbeis
v. Wichita Surgical Specialists, P.A., 285 Kan. 485, 488, 173 P.3d 642, 646 (2007) does appear to be the main case in this area of law, and beside Idbeis
most of the other cases tend to be older, so some areas of this topic do not seem to be covered well. I would also note that if fees were to be awarded,
they would only be able to get fees related to attempts to overturn the injunction and so say fees that were done for the general case would not apply....
Show more content on Helpwriting.net ...
В§ 60–905, provides that a party seeking an injunction post a surety. This surety according to the statute is used to pay damages. The State though is
not required to pay a surety and I believe there is an argument to be made that damages can only come for sureties. I would first mention that there is a
case that does somewhat counter this idea. Brady, 25 Kan. App. At 795–96. In Brady, the Court of Appeals did imposed fees on a party that did not
post a bond, because the court did not requirement them to do so. Id. The Court did indicate that the State may need to post a surety, but this was
dicta as the State did not play a role in the case. I should note that attorney fees can only be required if there is a clear and specific statutory
provision. Idbeis, 285 Kan. at 488. The Kansas Supreme Court has indicated that a party was entitled to recover if a bond was present. Alder v.
City of Florence, 194 Kan. 104, 111, 397 P.2d 375, 381 (1964). Furthermore, the Court has also indicated that the bond itself it the source of
damages. Texas Const. Co. v. Hoisting & Portable Engineers' Local Union No. 101, 180 Kan. 393, 396, 304 P.2d 498, 500 (1956). An early Kansas
case also found that a party could not recover in an amount higher than the bound. Baker v. Craig, 127 Kan. 811, 275 P. 216, 217 modified, 128 Kan.
676, 280 P. 771 (1929). I think there is an argument to be made that because the statute does not require Kansas to post a bond, that there is no source
for damages to be paid under the
... Get more on HelpWriting.net ...
Court Case Study
The video link is the place the victim is taken to a room within the court building usually and is linked up to the courtroom where the trial is taking
place, like skyping. So, the victim sits in front of a television screen and the camera is focused on them, for the barristers and sometimes judge, in the
court to ask questions and the victim can answer, without being in the actual court. This special measure enables the victim to be in a safe environment
away from the courtroom. This also in some circumstances can be used when the victim lives a distance away from the court. The victim can use a
different court near them to link up with the court which the trial is being held. However, the criticism of this special measure is everyone on ... Show
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The victim should receive a phone call from witness care unit to tell them about what time, date and which court to attend the trial. (CPS.gov.uk,
2012, p6) In some instances, the victim only finds out the case is going to go ahead the next day. This is problematic and can cause the victim a
great deal of distress if the victim is not kept up to date with the proceedings and as discussed before there could be problems with work and childcare
at short notice.
Barriers in court
One of the barriers that some victims encounter is having to wait a long time in the witness service area. The witness charter states 'that victims
should not wait longer than 2 hours before giving evidence' (Gov.uk, 2018, p13). Sometimes the witnesses are waiting all day before actually giving
evidence, this could be for several reasons such as other case being heard first in that court or within their case there has been a point of law which has
appeared and the barristers and the judge need to talk it over, before witnesses are called to give evidence (this is not the Witness Services fault, and is
out of the Witness Services control).
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Trial Court Case Study
The trial court erred and abused its discretion in granting the State's motion to admit evidence of prior uncharged incidents of domestic violence,
because the evidence denied Mr. Davis of his rights to due process of law as guaranteed by the Fifth and Fourteenth Amendments of the United States
Constitution, and Article I, Section 10 of the Missouri Constitution, in that the evidence was more prejudicial than probative because it was too remote
in time to be relevant to the charged crimes and had a prejudicial effect.
A.Standard of Review
A trial court has broad discretion over questions of relevancy and the admissibility of evidence. State v. Dunn, 817 S.W.2d 241, 245 (Mo. Banc. 1991).
An appellate court cannot reverse unless abuse is ... Show more content on Helpwriting.net ...
Id.
But such evidence is only relevant if its probative value outweighs its prejudicial effect. Id. Generally, the "remoteness in time of the other bad acts is
ordinarily a factor affecting the weight of the evidence." State v. Shaw, 847 S.W.2d 768, 778 (Mo. Banc 1993). But when "remoteness is so great that
it erodes the probative value of the evidence, the prejudicial effect outweighs its probative value and the evidence is not admissible." Id.
For example, in State v. Chiles, the State attempted to put on evidence of a prior crime that occurred nearly seven years before the crime that the
defendant was on trial for. 847 S.W.2d 807, 809 (Mo. App. W.D. 1992). The Missouri Court of Appeals found that the past crime was too remote to be
relevant to the crime that the defendant was on trial for. Id. Similarly, in Lewis v. State, the Missouri Court of Appeals found that a ten
–year old crime
was too remote to be relevant. 806 S.W.2d 89, 93 (Mo. App. W.D. 1991). And in State v. Culter, the Missouri Supreme Court found that a prior crime
that occurred seven to eight years prior to the offense charge was too remote to be relevant. 499 S.W.2d 387, 388 (Mo. Banc 1973).
Here, the trial court allowed multiple witnesses to testify to multiple incidents of past conduct that were decades old. Amber Casada testified that Mr.
Davis abused her mother was she was growing up, which makes those incidents between twenty to thirty–seven years old (Tr. 497, 509). Cierra
... Get more on HelpWriting.net ...
Troubleshoot Court Case Defense
Ladies and Gentlemen of the jury, Foremost, on behalf of my client and to the staff involved, I would like to extend my gratitude and thanks for their
attentiveness during this trivial time in court. Before they are subject to finalize the discourse of this case, it would be of utmost importance and
definite absolution that I take a few minutes to briefly run through a couple of key aspects to reiterate the favourable and unfavourable mentions of law.
The testimonies and the constitution being primitive examples of imperative significance. Granted, you a two–sided story you have just been presented
with and are witnessing in which my client –Andrew Beckett– has been unlawfully dismissed from his firm for falling victim to AIDS. An inexcusable
... Show more content on Helpwriting.net ...
Beckett was nothing less of brilliant for he is credited with being a high achiever who excelled at his work and found friends within clients. He was
hardworking, a man who would endure hours of tiresome trial/case preparation to ensure his clients would win their case which they most often did.
Even after being diagnosed with AIDS, he would throw himself into his work to guarantee total seizing of the win in relations to the efficiency and
legitimacy of his work, an advance to secure the win for his client. Never for him, but always for his clients. Even so, according to Miss. Burton's
testimony, a fellow employee of the firm, even commented on his consistent impeccable service by saying "Well, he was getting thinner and he seemed
very tired sometimes. But he was working so hard. Still, I felt something was wrong, and I can't believe they're trying to pretend that they didn't notice
anything". By them, we can all stay assured that she is directly mentioning the partners at Wyant–Wheeler, specifically Mr. Beckett's boss Charles
Wheeler and the man who discovered Andrew's lesions in the first place, Walter Kenton. And because of this, the leave of my client Andrew Beckett,
an accredited lawyer, was a premeditated
... Get more on HelpWriting.net ...
US Supreme Court Case Analysis
The U.S. Supreme Court declared that a person has the right to represent himself or herself at a criminal trial based on case law from Faretta v.
California (Cabell, 2012). Many people have a preset notion that those who wish to represent themselves are mentally ill, obtuse, believe they can
"beat" the system, or simply are arrogant (Cabell, 2012). I do believe in certain jurisdictions it would be an advantage to conduct a defense pro se.
One reason for this would be the fact that some jurisdictions have severe staffing issues with their public defenders office, which are also extremely
burdened with a heavy work assignment (Cabell, 2012). In some of these cases, a defendant can possibly provide themselves a better defense than a
court appointed attorney (Cabell, 2012). In some cases, the accused simply lose the trust of their council and the U.S. Supreme Court has stipulated
that a defendant can always have control over the course of their trial (Cabell, 2012). Also, current data shows that people who choose a defense pro
se, often have similar outcomes as... Show more content on Helpwriting.net ...
An example of this was the case of Umar Farouk Abdulmutallab, who was famously known as the "Underwear Bomber" (Cabell, 2012). In the end he
plead guilty to violating U.S. law, but acknowledge to the court that under Islamic law, he was not guilty (Cabell, 2012). Finally, many courts allow a
person who wishes to defend their self to be appointed what's called a standby counsel (Cabell, 2012). This allows a defendant who has little to no
knowledge of courtroom procedures to have a professional assist with specific procedures (Cabell, 2012). References: Cabell, K. (2012).
CALCULATING AN ALTERNATIVE ROUTE: THE DIFFERENCE BETWEEN A BLINDFOLDED RIDE AND A ROAD MAP IN PRO SE
CRIMINAL DEFENSE. Law & Psychology Review,
... Get more on HelpWriting.net ...

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Supreme Court Case Selection Process and Factors Considered

  • 1. Court Decides Cases Factors the Court Considers When Choosing Cases There are pivotal reasons for the Supreme Court to give merit to cases to be heard on the court floor. Not all parties are satisfied with the decision made by lower courts, for that reason the mentioned party must petition the U.S. Supreme Court to hear their case. With the overwhelming number of more than 10,000 petitions for certiorari every year submitted to the Supreme Court, only less than 80 accepted for hearing, the rest of cases discarded in the process. The Supreme Court practice for four justices to grant a writ of certiorari for a case to be heard on the Court floor, preventing a majority of the Court from controlling the Court's docket, thus under the Rule of Four, the Supreme Court decides which... Show more content on Helpwriting.net ... Based on the summarized petitions and its recommendation, if the cases are in the Justices' favor, the Justices make a decision to proceed with the issue of a "writ of certiorari." The Influence Factors For the Supreme Court To Rule The law, personal views of the judges that relates to their ideology, influence of the other justices, social pressure/public opinion, and influence of the other branches of government are taken into measures by the Supreme Court to rule over cases. The Supreme Court is not immune to those internal and external factors upon their ruling. The Most Importance Factors For Justices to Consider When Making Their Decisions. The law is the most importance thing in Justices decision–making among other factors. Before the law is written, long process of scrutiny takes place and the law represents the justice of all, or at least the goal of that such of law written. Also, expectedly the law acts as the guideline without ambivalent sentiment from individualistic character of ... Get more on HelpWriting.net ...
  • 2. Unbiasing Mediation Attorneys In Court Cases Courts have a backlog of cases these days, and many of the hearings can be settled without going to trial. Many law firms have begun to offer Mediation Attorneys as a way for clients to avoid going to court. Mediation is an alternative for those already dealing with cases that have high emotions attached to them like divorce. Deciding to go the route of mediation can also be a cost saving factor as well. Mediating a case keeps the clients in control of the outcome, going before a judge leaves the final decision out of a person's control. People can also spend more money going into litigation, and the wait for the trial can put more stress on an already stressful situation. Mediation Attorneys are skilled in negotiation and take an unbiased ... Get more on HelpWriting.net ...
  • 3. Taken To Court Case Analysis For a case to be taken to court, there are a lot of factors that have to be considered. When the case is taken to court, the judge has found there to be enough evidence for the case to be taken to trial and now it is up to the prosecutor and the defendant's attorney to prove their side of the story. The prosecutor has to prove the defendant is guilty with all the evidence that he has to the jury and the defendant's attorney has to poke holes in the prosecutor's points in order to prove that the prosecutor does not have reliable information. The prosecutor, the defense attorney and the judge are the three major players of the court and they have to decide if someone is innocent or guilty of a crime. Before a case gets taken to trial, the ... Show more content on Helpwriting.net ... Andrew Hessick IIII and Reshma M. Saujani (2002) explain how, "Many attorneys consider the risk associated with going to trial very high because it is well understood that defendants convicted at trial usually receive more severe sentences than those who plead guilty" (p. 211). During trial both sides will represent why they believe the defendant is innocent or guilty based off of the evidence that each side has to the jury and the judge. During this process, the judge sits back and listen because the judge is like a referee according to Judge Walling. Judge Walling states that the judge makes sure the lawyers are following the right protocols. Unless the judge is engaged in the court hearing, they are a neutral party. Francesco Ferraro (2013) backs up what Judge Walling says by addressing that, "Judges must be the tutors of the citizens' expectations, which, under a system of statute law, will focus on the code." (p.140). The judges are only there to be an eye for the people and make sure that everything is following the law in the court room. After each side debates on if the defendant is guilty or innocent, the jury comes back and the verdict is given to the defendant. There is a process in determining if someone is innocent or guilty of a crime and it works for the most part. The police will help the attorney get the evidence that the attorney will need to prove that the person that the police arrested was the person that committed the crime. The defense will back up their client and make sure that if they are guilty that they get some fair treatment. While all of this is happening, the judge will sit back and make sure that everything is following the law and intervene if he or she has ... Get more on HelpWriting.net ...
  • 4. Observation Of The Judge Petrolle: Court Case On the morning of Wednesday, November 5, 2014 I woke up at 8 a.m. and headed right over to the courthouse in Newark to witness my first ever court case. I opened up the doors, walked through the metal detectors and was finally at Veterans Courthouse. Due to your recommendation, I was looking for Judge Petrolle. The whole time I was there I helplessly walked around the courthouse for an hour following signs that said what room he would be in, but he was no where to be found. Finally, I decided to ask someone and ended up meeting Judge Carole(i think that was her name) who was extremely helpful and informed me that Judge Petrolle was off duty. I ended up talking to her for about 5 minutes or so and I told her about the assignment so she gave ... Show more content on Helpwriting.net ... I thought it was very obscure that you would have the criminals accomplice and own cousin as a witness for the trial. I find this weird because both of these men are criminals due to their criminal history and prior convictions. I thought it was extremely dragged out in the way that the prosecutor asked the simplest and littlest questions to Fate in order to generate the responses she wanted to hear. It seemed that every time she did not receive an answer that she agreed with or liked 100 percent she would pause for 15 seconds and then send out another question that would regenerate an answer that she wanted to hear. As this process proceeded the only thing the defendants attorney did was back his client up and made sure that none of the questions or responses were misleading. The judge seemed to be silent and just rolling his eyes throughout the whole questioning process, while he acted just as a mediator and listened to everyone talk without any input at all. I was not able to see anymore of this case so I do not not what the final decision will end up being. My guess would be that Mr. Perry gets a minimum of 10 years and a maximum of 28 years in prison or life. HIs cousin, the accomplice, should also see just as much time for being involved but I do not see him serving more than is cousin but possibly just as much. This case has dragged out for sometime now an it is due to Fate being accused of ... Get more on HelpWriting.net ...
  • 5. Small Claims Court Case Analysis The purpose of this essay is to analyze state court jurisdiction issues. To do so, this essay will look over the district courts, small claims court, and county courts. This essay will discuss their differences in cases, expenses, and processes and how they are limited. Staring with the jurisdictional limits of small claims court, it's important to know the minimum expense is $5000. The maximum amount you can claim, in some states, is $10000. There many cases that a small claim court can prosecute. One is recovering a security deposit. If in a situation the landlord refuses to return a security deposit you can argue to reclaim it in small claims court. Yet, if you owe rent then you landlord can take you to court, so it's fair in most ... Get more on HelpWriting.net ...
  • 6. Potential Jurors In Court Cases The Constitution guarantees us a right to a trial by a jury in serious criminal hearings. The jury job is to weed out the facts by reviewing the evidence and deliberating on a verdict based on an agreement of three–fourths or five–sixths of the jurors (How Are Potential Jurors Selected, 2016), (How Courts Work, 2016). Jurors selected in two phases. The first phase the jurors are randomly selected. The state or federal district will randomly select names from a list of registered voters, a list of people who hold driver's licenses in the state, or a list of people receiving unemployment benefits from the state (How Are Potential Jurors Selected, 2016). After your name is selected off of the list you will receive notification through the... Show more content on Helpwriting.net ... Voir dire is when the court and the attorneys select 12 people as jurors for the case. The process for voir dire differs from state to state, and even from judge to judge on how many jurors they want on the case (How Are Potential Jurors Selected, 2016). Before the interview of the jurors the judge will make a brief statement on the case and inquire on any reason why the juror cannot serve on the case (How Are Potential Jurors Selected, 2016). In addition, alternate jurors are selected due to matter if someone becomes ill or die during the trial (How Courts Work, 2016). They hear the evidence just like the other jurors but not able to deliberate until they are a juror for that trial. Jurors are selected based on their backgrounds and beliefs (How Courts Work, 2016). The juror's interview can be in front of all the selected jurors or in private. The attorneys can at any time object to a juror being part of the trial. There are two types of objections such as peremptory challenges and challenges for cause against the juror (How Are Potential Jurors Selected, 2016). If and when an attorney challenges a juror for cause, the attorney defense has something to do with the juror's background or knowledge to the case that would partially be prejudgment towards the case (How Are Potential Jurors Selected, 2016). Let's say, if there is a police brutality case most likely a police officer will not be selected as a juror in this case. Also, in ... Get more on HelpWriting.net ...
  • 7. Disney Court Case Within the first few minutes of Karen Morris entering the lecture hall I knew her presentation would be interesting, and one that would be hard not to pay attention to. I thought she picked a great topic to present on, I found the stories of the different cases incredibly interesting, and even humorous at some points. I felt that she kept everyone's attention throughout the presentation by the way she presented the information, she was not only loud but you could tell she wanted to be there and wanted to share these cases with us. She began by introducing herself and telling us about traffic lawns and not to text and drive, as well as explained the consequences of doing it, which I thought was a good way to start out and to catch everyone's attention. She then moved on giving us brief synopsis of many different court cases, explaining laws that sparked some discussion. The first court case that brought on a discussion was one related to copyrights. Two people owned a restaurant that eventually closed, the owners parted ways and opened up two different restaurants on their own. One of the previous restaurant owners wrote all ... Show more content on Helpwriting.net ... A little boy was swimming and playing in very shallow waters at a beach area, under his parental supervision. An alligator appeared biting and dragging the little boy under water practically drowning him, he didn't die but was seriously injured. There were signs around the beach area saying "no swimming", however there were no signs warning people of alligators. The boy's family is suing Disney saying they didn't take proper precautions by just having a sign saying no swimming. Disney has workers who patrol these waters, and alert someone if there are alligators to have them removed. Disney has now put up signs saying there are alligators along with a fence around the area. The case is still in progress and is being debated over whether disney took proper ... Get more on HelpWriting.net ...
  • 8. Circuit Court Case Study In this instant appeal, Mr. Shoemaker asserts that the circuit court erred by imposing an improper purge provision after finding him to be in contempt, and that the circuit court erred in finding that Mr. Shoemaker would be liable for alimony payments in accordance with the parties' original separation agreement. We shall address both of these arguments in turn. I. The Circuit Court Did Not Craft an Improper Purge Provision in Its Contempt Order.The scope of our review of a trial court's contempt finding is as follows: (a) Scope of review. –Any person may appeal from any order or judgment passed to preserve the power or vindicate the dignity of the court and adjudge him in contempt of court, including an interlocutory order, remedial in nature, adjudging any person in contempt, whether or not a party to the action. Md. Code (2006, 2013 Repl. Vol., 2015 Suppl.) В§ 12–304(a) of the Courts and Judicial Proceedings Article ("CJP"). ... Show more content on Helpwriting.net ... Dept. of Human Res.], 402 Md. [79,] 101, 935 A.2d 432 [(2007)] (citing Jones, [supra,] 351 Md. at 282, 718 A.2d 222). Any purge must be within the present ability of the defendant to perform at the time of sentencing. Arrington, [supra,] 402 Md. at 101, 935 A.2d 432; Bryant [v. Howard Cnty. Dept. of Soc. Serv. Ex rel. Costley], 387 Md. [30,] 48, 874 A.2d 457 [(2005)]; Jones, [supra,] 351 Md. at 275, 718 A.2d 222. The reason for the rule lies in the coercive, as opposed to punitive, nature of sanctions in a civil contempt proceeding. Jones, [supra,] 351 Md. at 281, 718 A.2d 222 ("If a defendant is unable to pay a purge provision, no amount of time in prison will induce compliance."). Therefore, if the sanction is incarceration and the purge is the payment of ... Get more on HelpWriting.net ...
  • 9. Paternity Vs. Court Case Study LEGAL BRIEF To: Attorney Barone From: Cynthia Fitzgerald Date: December 8, 2010 Re: Paternity & Maternity of Infant R. Court of Appeals of Indiana, No. 64A03–0908–JV–367 FACTS: T and V are husband and wife. They entered into a surrogacy agreement with V's sister, D to implant in D an embryo created from T's sperm and V's egg. A successful pregnancy resulted and Baby R was born in February 2009. Two months earlier in December 2008 T, V, and D petitioned the Porter County Juvenile Court to establish paternity and maternity of the unborn child. The father, T, was able to establish paternity at that time simply by filling out an affidavit. The mother, V, was statutorily unable to prove maternity and her petition was denied. This is a case of first impression in this State. ISSUE: The question before the court is, according to Indiana Statute, did the trial court erroneously deny the maternity petition, which sought to establish V as the legal mother of Baby R.?... Show more content on Helpwriting.net ... 16–37–2–2.1. Indiana has no statutory provision to establish maternity in these circumstances. In fact, Ind. Code sec. 31–9–2–10 defines the birth parent to be "the woman who is legally presumed to be the mother of biological origin" and therefore "the mother's legal obligations to her child arise when she gives birth." It should be noted that until maternity for V is established, D is legally responsible for Baby ... Get more on HelpWriting.net ...
  • 10. Court Case Report Sample In observing proceedings in the county civil courthouse located at 1115 Congress Avenue. The room number is 309th on the floor seven of honorable judge Sheri Y. Dean. This case is about children and family practices and is still in establishment processing status. At the beginning of the trial, plaintiff named Brooklyn and defendant named Rodriguez had their own attorney to give legal advice and advocates. Everyone rises as the judge walk–in to show a respect and then seated when the judge told them to. The rules of the courtroom are very formal. The court is the place of justice, fairness, and unbiased in a legal system. The innocent party will be rewards and wrongdoer will be punished. The entrance to the courtroom was a large double door. ... Show more content on Helpwriting.net ... As the judge has ordered the defendant to step on the podium. Defendant began to introduce about him as matter of answers the questions that his attorney will ask him of all the questions related to the case. The defendant is responds the truth and the only truth under the oath. The judge decided whether the answers are correct or inaccurate, so she can question the defendant ambiguity. After the Rodriguez attorney finished, the defendant is subject to cross–examination by plaintiff party. The attorney asks about his recollection of the event happened and aim to attack his credibility. This is an essential to recognize the flaw in the defendant able to answer. In this process, objection may arise by the defendant attorney. Judge either grant or reject the objection for the attorney to speak. After the plaintiff attorney finished, defendant attorney re–direct examination one more time. All the related information had been attained by the judge and attorneys, then defendant step down the podium. Now, plaintiff step on the podium that will answer the questions similar procedure as a defendant. Both attorneys have no more questions and evidence to submit to the judge. Each attorney summarizes the argument to support her client's claim. The case had been decided by the judge. In the closing argument, throughout the interpretation of it evidence, the judge has postponed the case because either party does not have enough evidence to support their claim. The judge did not grant any favor over any party and dismissed the cases until further ... Get more on HelpWriting.net ...
  • 11. Escambia County Court Case Study On the evening of Thursday, August 25, 2016, officers from the Florida Fish and Wildlife Conservation Commission (FWC) encountered Lan Nguyen Tran, a fisherman of Escambia County. Suspicious of Tran's shrimp boat and nets, Officer Allgood and Officer Manning of the FWC inspected Lan Tran's fishing nets, of which four were discovered to be larger than sizes permitted by law, equating to a misdemeanor offense in the state of Florida (source). In a second–level violation of the Florida Fish and Wildlife Conservation Commission rules, Tran was detained, and a total of four oversized fishing nets were confiscated by the FWC officers (source). On Thursday, September 8, 2016, Lan Nguyen Tran entered the Escambia County court system, was arraigned on Friday, September 26, and pleaded not guilty on Tuesday, November 1, based on reports from the Escambia County Clerk of the Court (source). Tran was appointed a public defender by the court system, and The Honorable Ms. Jennifer Frydrychowicz was assigned to the case.... Show more content on Helpwriting.net ... While the courtroom was relatively small in size, the front of the room featured a table for the prosecution team, along with two separate podiums, stationed just before the judge's bench. The room also featured a juror's box; however, no jury was present for the duration of Tran's court session. To the viewer's right of the judge's bench, a team of court officials were seated, while a witness stand was positioned to the viewer's left of the judge's bench. Two bailiffs were positioned to both the left and right of the judge's bench. In the empty juror's box, additional court officials, including law enforcement officers, were ... Get more on HelpWriting.net ...
  • 12. Court Case Summary The important facts regarding Ron D. Meyer versus Race City Classics, LLC are as follows: Mr. Meyer a lover of classic cars came across a 1970 Ford Mustang on the classic cars website being sold by Race City Classics, LLC, a North Carolina based company. Mr. Meyer initiated contact with Mr. Thomas D. Alphin, one of the owners in order to purchase this classic car. All transactional discussions were made by email or telephone. A price of $21,000 was agreed upon, in addition to the shared expense of having the vehicle shipped to Nebraska, which is Mr. Meyer's state of residence. Mr. Meyer purchased this vehicle solely to enter it into car shows. Funds were wired to Race City Classics, LLC and the vehicle was delivered. Upon receipt of the vehicle, Mr. Meyer found the vehicle to have paint damages in several areas of the car, along with the hood being misaligned, the trunk unable to open, and the vehicle unable to crank. Mr. Meyer requested a full refund of the purchase price and when Mr. Alphin refused, he filed a claim in district court in Nebraska. Mr. Alphin was served notice to appear in court and he refused; therefore, the Nebraska court entered a default judgment for the amount of $8.942.30 against Mr. Alphin, defendant for Race City Classics, LLC. The amount awarded was for the necessary cost of repair alleged by Mr. Meyer, plaintiff. Mr. Meyer then filed a "Docketing of Foreign Judgment" and a "Notice of Filing for Judgment" in Iredell County Superior Court. This is the county and court in North Carolina where Race City Classics, LLC resides. Upon notification of the filings,... Show more content on Helpwriting.net ... Ron D. Meyers, plaintiff and appellant from Nebraska and Race City Classics, LLC the defendant and appellee from North Carolina. The representative for Race City Classics, LLC is Mr. Thomas M. Alphin. Mr. Alphin is the owner who corresponded with Mr. Meyer for the purchase of the 1970 Ford Mustang mention in the ... Get more on HelpWriting.net ...
  • 13. Chinese Government Structure and Court Cases Comparison of the Gang of Four and Bo Xilai's case The media has often referred to Bo's case as the most important case in Chinese history since the Gang of Four case. In fact, there are various points of similarities between the two cases in terms of their political importance. For instance, both cases related to political functionaries who had fallen from grace, and tested the legal system's ability to secure a fair trial. Indeed, according to Jerome A Cohen, thecriminal justice system is perhaps the most telling indication of a government's adherence to human rights standards. A.Court of adjudication and the right to appeal Independence of the judiciary is often limited in order to deal with political opposition in authoritarian states. In this section we consider the powers and limitations of the courts that adjudicated these two cases. Notably, both cases were decided by courts other than the regular court with jurisdiction. In the Gang of Four case, the State in fact established an ad hoc court, whereas Bo Xilai's case was adjudicated by a court other than the court of territorial jurisdiction. This section discusses the reasons for reliance upon extra–ordinary jurisdiction in both cases. The Gang of Four case was adjudicated by a special court and prosecuted by a special procuratorate. The SPC president of the time, Jiang Hua argued that the Special Court was necessary because the normal system of judicial procedure had been profoundly disrupted by the ... Get more on HelpWriting.net ...
  • 14. Blood Test In Court Cases 1)The statute that the Court have to interpret is whether they should consider the blood test. a)"blood test in civil actions. Whenever it shall be relevant in a civil action to determine the parentage or the identity of any child, . . . the court. . . may direct that any party to the action and the person involved in the controversy to submit to one or more blood tests, to be made by duly qualified physicians. Whenever such test is ordered and made the results thereof shall be receivable in evidence, but only in cases where definite exclusion established". b)"In paternity proceedings, divorce actions, and other types of cases in which the legitimacy of a child is in issue, the modern developments of science have made it possible to determine ... Get more on HelpWriting.net ...
  • 15. The Substitute: Circuit Court Case discriminatory animus by Cardinal Financial with regard to the declination to make a loan on the original terms. Thus, the circuit court looked correctly to the Substitute Trustees to advance, if it could, a nondiscriminatory reason for the denial. To meet this obligation, the Substitute Trustees relied on Ms. Waithe's testimony at the hearing regarding what she was told by a Cardinal employee: Q: And when, when did you learn that, excuse me, that loan was not going to be available? A: Directly before going to closing we received a call to let us know from the Ryland Home Community Office at that time that the package was no longer available. Q: And was it explained to you why it was no longer available? A: I asked why it was no longer available ... Get more on HelpWriting.net ...
  • 16. Third Court Case Analysis The Third Circuit erred in finding VHI have third–party standing, and his lower court's decision should be reversed. In general, litigants do not have a standing to assert the rights of others, unless the litigant meet the constitutional and prudential requirement of third party standing. Litigants does not meet constitutional limitation of third party standing unless they sustain or will sustain injury that is actual and imminent. Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 108 (1998). Moreover, Litigants does not meet prudential requirement of third party standing unless litigants share a close relationship with the right holders, or unless the right holders have a genuine obstacle to sue by their own. Amato v. Wilentz, 952 F.2d 742, 749 (3rd Cir. 1991). Under this analysis, VHI does not have a third party standing because VHI does not meet either constitutional or prudential requirement of third party standing. A. VHI Does Not Meet the Constitutional Requirement of Third Party Standing Because VHI's... Show more content on Helpwriting.net ... Lyons, 461 U.S. 95, 102 (1983). This requirement was not met in Lyons when a plaintiff sought an injunction to stop the police from using chokehold. Id. Although the plaintiff had once before been subject to the tactic, the Court emphasized that he was not in imminent danger of suffering this injury again. Id. Accepting such an injury, the Court reasoned, required a dramatic sequence of presumptions: not only would the plaintiff have "another encounter with the police," but either "all police officers in Los Angeles always choke any citizen with whom they happen to have an encounter," or the City "authorized police officers to act in such manner." Id. at ... Get more on HelpWriting.net ...
  • 17. The Court Case Of Gideon V. Case [The United States, is it a country of deviant lawbreakers? Or is it a country of too many laws? There were more than 12 million arrests in 2011, the question of how to adjudicate these cases has become an issue for the federal, state and local courts across the country. The overcrowding of our court dockets has become a major problem for court administrators working in every courthouse in the United States. Why the courts are so overcrowded, and how the court administrators, judges, and attorneys deal with overcrowding will be the focus of this paper. [There are several factors that contribute to the excess numbers of cases in the court system today. One of the influences is the Supreme Court case of Gideon v. Wainwright, 372 U.S. 335, a landmark case, which ruled that under the Fourteenth Amendment states will provide counsel to individuals charged with a crime who cannot afford to pay for an attorney themselves. Prior to this addition, Judges decided cases and the cases moved much faster through the system. However, the addition of lawyers to each case and the need for trials grew, in turn the speed of the system slowed. [Additionally, an enormous change to the system is the increase in crime. Evidence shows that between 1982 and 1992 the number of people behind bars in America doubled to one million, and arrest rates continue to soar (Moyers, 1992). There are several schools of thought on the increase of crime, some attribute the influx of "crack" cocaine, and other ... Get more on HelpWriting.net ...
  • 18. Martha Simpson Court Case Essay Everyone has heard of the OJ Simpson court case – a rich and famous man is accused of murdering his ex wife and despite an overwhelming amount of evidence presented against him, he somehow manages to be found not guilty. Many people find themselves wondering how that could possibly happen. Was his defense team simply that good? Were there mistakes made? Was he actually innocent? Simpson's case is not the only one that has yielded such a strange outcome because of his status and stellar defense team, and certainly not the only court case to cause such an uproar in the media. Martha Stewart's 2001 case, Scott Peterson's 2004 case, and Lorena Bobbitt's 1994 case are all examples of court trials that sparked interest in the eye of America. In ... Show more content on Helpwriting.net ... Stabile mentions that a lot of the publications focused on Martha Stewart at this time talked about how poorly she would do in jail and how tough the transition period would be for her because of her personality and persona as a woman who combines a sort of homemaker vibe with a high powered business woman. Martha Stewart's defense attorney was a man named Robert Morvillo, a man who had represented high profile clients such as Merrill Lynch and Amerada Hess. He has been described as "one of the city's savviest white–collar criminal–defense attorneys for more than three decades" (Smith, "Can This Man Save Martha?"). One of Morvillo's biggest rebuttals in the Stewart case was bringing up the fact that if Stewart were really as smart and business savvy as the prosecutor will try to make her seem by bringing up her years as a stockbroker, which should have made her realize that the sales of her stock were illegal, then why would she risk her entire company and image over a sale that would have provided her with a miniscule amount of money in comparison to what she already makes (Smith)? Stewart being a household name obviously meant that she had plenty of supporters, but also plenty of opposition. People have all kinds of reasons for whether they like or dislike a certain celebrity. In ... Get more on HelpWriting.net ...
  • 19. Evidence Related Issues In Court Cases Evidence Related Issues This appeal was entirely based on multiple evidence related issues arising out of the trial by jury in 2005, where Mr. Campbell was held guilty, mainly due to expert witness testimony as well as the evidence presented by Ms Ingham to be used for motive and tendency purposes. Appeal Judges as Guardians for Rules on Admissibility of Evidence Where the admissibility of a confession or other item of prosecution evidence is disputed, the judge will often hear evidence in the absence of the jury before deciding the question. This procedure is known as a 'voir dire' after the type of oath administered to witnesses who give evidence during it . Where the admissibility of a confession is disputed, the defendant will usually ... Show more content on Helpwriting.net ... As per the Uniform Evidence Act, there are two aspects of the test for admissibility under the uniform evidence legislation. The first is the requirement of notice which applies to all tendency and coincidence evidence. The second aspect of the test for admissibility is a test for probative value. In general, the legislation requires that tendency and coincidence evidence must 'have significant probative value': ss 97(1)(b) and 98(1)(b). If the tendency or coincidence evidence is evidence about an accused person in criminal proceedings, and the evidence is being adduced by the prosecution, however, then a higher standard is required. In such cases, the evidence is inadmissible 'unless the probative value of the evidence substantially outweighs any doubt. ... Get more on HelpWriting.net ...
  • 20. Specialized Courts Case Study 9.What are specialized courts? What role might they play in the future of court processing moving forward? According to Quinn, what are some of the pros and cons of specialized courts? Specialty Courts are problem–solving court sessions which provide court–supervised probation and mandated treatment focused on treating the mental health or substance abuse issues underlying criminal behavior. Problem solving courts focus on social concerns like addiction, domestic violence, mental health issues, and prostitution. Specialty courts claim to cure addiction, address intimate violence, prevent recidivism, reduce costs, and save lives.Specialty courts will play a major role in the future when it comes to court processing. By having specialty court... Show more content on Helpwriting.net ... Bogira paints a portrait of some of the more personal and nuanced day–to–day activities that go into courtroom behavior and decision making. Describe some of the often overlooked aspects of day–to–day court operations (i.e., judges background, public pressures, defense attorney and prosecutorial ambitions, etc.) and how they may affect court outcomes for defendants. Bogira paints a portrait of the real side of the law and after reading Courtroom 302 I'm applauded at the things I've read. Bogira's showed a different side to prosecutors, detectives, and judges detailing the little to no interest they had in righting the wrongs caused by the court. Regardless of the eventual outcome of cases, the prosecutors and Locallo seemed disinterested when it was suggested that defendants were treated unfairly or received unjust sentences. We overlook how the defendants ask for the lawyer and family before heading to the courtroom how , prosecutors, judges, and even police officers seem more likely to consider defendants in a negatively. Bogira stated that the offender wouldn't be on trail if the did nothing wrong. Which isent true each day we hear about a person being wrongly commited and spend over 20 years in jail. adopting these defendant–critical views might be the best way for these court officials to do their jobs. How prosecutorial ambitions blind an attorney from doing their job ethically, overlook the possibility of injustice when it goes against the court's goals of convicting ... Get more on HelpWriting.net ...
  • 21. Court Cases: Alternative Dispute Detection Intimidated is how most people feel when they think of filing a civil lawsuit; overcrowded court dockets added to the typical proceedings of litigation can add up to high costs in both time and finances. Once through the phases of Pre–trial and Trial the plaintiff may find themselves in Post–trial and possibly an Appellate Court adding to the emotional stress and possible financial loss. An option for a less informal process which could be considered over traditional lawsuits is known as alternative dispute resolution, ADR. ADR has become a popular way to settle cases and should be reviewed by Client and Attorney as a feasible option and one that should be considered when filing personal injury lawsuits. Civil Proceedings Starting the process with typical judicial proceeding would include filing a personal injury complaint with the local state court. The defendant will ... Show more content on Helpwriting.net ... The Appeal process asks a higher court to review the trial court proceedings and can extend the litigation by over a year. Alternative Dispute Resolution Alternative Dispute Resolution is an alternative process to typical civil litigation which involves the use of a neutral party to help resolve cases. ADR provides mediators, arbitrators, neutral evaluators or an opportunity for a settlement conference. Mediation is an informal process where the mediator helps each party with understanding their legal and practical choices as well as the interest of all involved. Mediators help keep the focus on resolutions which work for both sides and help reach acceptable conclusions. Another type of Civil ADR is Neutral evaluation which is an informal process which the evaluator hears a compact presentation from both sides of the case. This process can identify any gaps; create stipulations and discovery ... Get more on HelpWriting.net ...
  • 22. Divorce Court Cases One of the earliest examples of divorce was in Massachusetts Bay. When it was a colony, the people had created a small judicial group that specifically dealt with divorce matters in 1629. This legislative group was allowed to grant divorces on the grounds of adultery, desertion, bigamy (being married to multiple people), and impotence (a man's inability to have sexual intercourse). In the northern colonies, they tried to make divorce available to the people. However, southern colonies, due to their more conservative views, tried to prevent the act of divorce, even if they had the same legislation (The History of Divorce Law in the USA, 2014). Many of the American states had divorce legislation after gaining Independence from Great Britain, ... Show more content on Helpwriting.net ... California was the first to adopt the law in 1969 and later on, other states (Iowa being the second) did too (The History of Divorce Law in the USA, 2014). Over the years, divorce has increased as the stigma against it has started to decrease since the 1800s. Divorce rates went from less than 3% to about 7% from the late 1800s to the late 1960s. Before 1867, divorce statistics were not recorded. While there was a large amount of dishonor attached to divorce in the 1800s, divorce still happened every once in a while. One of the influences on divorce statistics at the time was that women outside of marriage didn't have the same economic opportunities that men had. While divorce rates still weren't that high compared to later on, divorce began to slowly increase. Divorce rates during the 1900s were still low because you couldn't acquire a divorce without proving abuse, adultery, or abandonment. Divorce continued to rise at a steady pace, significantly increasing in the 1970s. This was because no–fault divorce had just been made available and people could now file without the hassle of having to prove something had caused the marriage to fall ... Get more on HelpWriting.net ...
  • 23. Drug Court Case Study Since no drug court follow an uniform standard model, each state addressed the issue depending on their own jurisdiction model or code with slight variation of the six requirements under Morrissey (Oram & Gleckker, 2006). In State v. Cassill–Skilton (2004), Washington state statute authorized the creation of drug courts but failed to provide the provisions for operating the treatment program. The notice requirement became the center focus of the case where the defendant was admitted into a drug treatment program but violated the terms of conditions when the defendant was charged with another offense during the course of the treatment (State v. Cassill–Skilton, 94 P.3d 407, 2004). The court terminated the defendant from the treatment program... Show more content on Helpwriting.net ... This generalized statement can be proven based off the issue going back to judges playing a heavy role in determining the defendants drug treatment plan and its precedents in making sure the defendant follows through (NADCP, 2007). The case of Alexander v. State raised the concern of the fifth Morrissey requirement when the defendant brought his case to trial on the basis that the judge was "inherently biased" in both sending one to a treatment proceedings and how the treatment is conducted (Oram & Gleckker, 2006; NADCP, 2007; Alexander v. State, 48 P.3d 110, 2002). The Oklahoma court recognized the bias that occurs when a judge plays the role as the problem–solvers by administrating, evaluating and monitoring the defendant's participation of the drug treatment as well being a judicial adjudicator. Based on this biased, the court determined that a defendant can object to the presiding drug court judge by filing a pre–hearing or a motion to recuse. The motion to recuse would automatically be granted, which permits the defendant to disqualify a judge without cause (Oram & Gleckker, 2006; NADCP, 2007; Alexander v. State, 48 P.3d 110, 2002). In the concurring opinion, Judge Lumpkin provided alternative methods for protecting defendant's procedural due process rights. Such methods ... Get more on HelpWriting.net ...
  • 24. Appearance And Court Case Analysis In the legal field, key to presenting competence to your client, opposing attorneys, and the court, appearance stands. Reviewing persons in the legal field remains a head to toe scrutiny, since if your appearance portrays competence, until there exists a mishandling of the case or the client, their confidence in the firm remains solid. Upon studying the slides of the Professional Law Firm slides, the evaluation follows: Slide 1 appears to be a female junior attorney and a male junior attorney discussing a case in front of a male senior attorney in the law firm. The female attorney ensemble consists of a gray pinstriped suit jacket with a pale blue blouse. With her top button unfastened, her hair up and formal, no distracting makeup or jewelry, her appearance seems a casual formal attire. The males dressed formally, dark suits, both ties and hair view appropriate for their position. The two junior attorneys appear to be inside the professional space bubble, without knowing what their conversation concerns, the males smile seems inappropriate. The senior attorney's desk consists of a well–ordered and properly arranged appearance, over all a ... Show more content on Helpwriting.net ... Once in court a judge called a recess, in order for an attorney to get his jacket and tie. The attorney was wearing a nice dress shirt but it was open to the second button and the judge was a stickler for appropriate attire. In our office, I had to either have long sleeves or wear short sleeves and wear a jacket when meeting with clients. Our attorney loved the older style of dresses, and once she went to court, after proceedings were complete, the judge asked her and I to chambers where he told the attorney to "release the past fashion and accept the new professional attire" (Wann, ... Get more on HelpWriting.net ...
  • 25. Civil Courts Vs Syariah Court Case Analysis The issue of jurisdictional conflict between the civil courts and the Syariah courts has been standing unresolved for so many years. Notwithstanding the amendment made to Article 121(1A) of the Federal Constitution in 1988, the battle between the two courts remains unsettled. The root cause of this issue is the existence of a grey area between Article 121 (1) and Article 121(1A) of the Federal Constitution after the 1988 amendment. Undoubtedly, the aim of the amendment which created Article 121(1A) was in many ways to avoid in the future for any conflict between the decisions of the civil courts and the Syariah courts. However, it turns to have caused even more uncertainty, conflict and confusion in our legal system than ever was the case. ... Get more on HelpWriting.net ...
  • 26. Examples Of Superior Court Cases 1.What type of cases you heard and how are District Court cases different from Superior Court cases? At Superior Court I went to courtroom 4C and 3C. I heard cases about felony such as breaking and entering a house, possession of drugs, fraud, larceny, probation violation, possession of stolen goods, and injury to property. At District Court I went to courtroom 1C and 1D. I heard cases about misdemeanor such as assault inflicting injury, simple assault, impaired driving, speeding, and revocation driver's license. In district court, criminal cases begin with a "complaint" filed by the police, or private individual in the clerk's office. District Court heard Misdemeanor offenses and conducts preliminary hearings to determine if there is enough ... Show more content on Helpwriting.net ... If the grand jury (group of citizens) decides there is probable cause to believe a crime has been committed, they issue an indictment whose individual is notified and must appear in superior court on the arraignment date, the first court date. 2. The difference in how Prosecuter, Defendants and Defense Attorneys conduct themselves? At District Court: –Prosecuter The prosecuter asks who has an attorney to the people that wait in the courtroom. If someone do not have a lawyer the State will provide one. He also calls the parties name in dispute to start the hearing, says the number docket to the judge and reads the indictment. He is seated in his desk all the time. –Defendants The defendants are dressing regular clothes. They still have freedom and can leave the courtroom finishing the hearing. All defendants are in the same courtroom waiting for their turn. They usually stand up in front at the judge and besides their lawyers when starting the hearing. Sometimes, the judge advices them or make questions to them. –Defense Attorney Defense attorney and client are stand up in front of judge. Usually the defense attorneys plea guilty to their client and makes an arrangement with the judge. The defense attorneys sometimes present a motion to the judge that can be denied or ... Get more on HelpWriting.net ...
  • 27. Shahmaleki Moot Court Case Summary Under Clearly Established Law, Sufficient Process was Provided to Defeat Count I Even if we assume that Shahmaleki does have a property interest in his continued enrollment then there is still no due process issue as the University provided Shahmaleki sufficient process under the law. Students in disciplinary settings are only entitled to "some kind of notice and afforded some kind of hearing". Universities normally should provide students notice of the charges, an explanation of the evidence against them and an opportunity to present their side of the story. These are not rigid requirements, though, as due process is flexible and tailored to the specific facts of a case. In determining what is enough process, courts balance the student's... Show more content on Helpwriting.net ... Shahmaleki attended a hearing with KSU officials Leitnaker and Reed about his alleged conduct. At this hearing, the officials provided him with a detailed explanation of the six violations of the threat management policy as well as the evidence supporting each of these charges. The officials gave the Plaintiff an opportunity to respond to those allegations and he was able to present his side of the story as well as any evidence that he wished. Kansas State University satisfied due process requirements by providing Shahmaleki an account of the evidence against him and giving him a meaningful opportunity to respond. Shahmaleki failed to show in his complaint any procedural due process issues as the officials provided him the required amount of process under established law. Shahmaleki claims that KSU did not give an opportunity to defend himself, but the record shows that he in fact get a chance to respond to the claims at the original meeting with the defendants. In this meeting Shahmaleki denied each claim and use the opportunity to explain why he believed each one was not accurate. This type of opportunity is a quintessential example of what Goss ... Get more on HelpWriting.net ...
  • 28. Federal Courts Case Study In this week chapter, we learn more about Federal Courts which deals with caseloads and case filings. Also, there are a lot of aspects that are involves in case filings in U.S Courts such as civil, criminal, prisoner petitions, and minor criminal. Furthermore, the rule of four has been a major factor when choosing which cases to review every year. And, I believe if we want to reduce the amounts of federal caseloads we need to adapt to a similar approach like the one specialized federal courts use when deciding which cases to hear. According to Neubauer & Meinhold (1991), "These courts are called specialized federal court because they are authorized to hear only a limited range of cases "(p. 64). The three ways that the federal court caseloads ... Get more on HelpWriting.net ...
  • 29. Supreme Court Case Summary The district court's decision to enter judgment in Plaintiff's favor in accordance with CCG's offer of complete relief was well–reasoned, consistent with existing Second Circuit and Supreme Court law, and consistent with this Court's subsequent decisions in Tanasi and Bank v. Caribbean Cruise Line, Inc., 606 Fed. Appx. 30, 31 (2d Cir. 2015). Accordingly, the district court correctly held that upon entry of judgment in his favor, Plaintiff's individual claim was moot. Once Plaintiff's individual claim was rendered moot, the district court correctly dismissed the putative class action as moot because Plaintiff no longer possessed a personal stake in the outcome of the case sufficient to satisfy Article III. It is well settled that a putative class action generally is moot when the claims of the named plaintiff become moot prior to class certification. Board of School Commissioners v. Jacobs, 420 U.S. 128, 129–30 (1975); Comer v. Cisneros, 37 F.3d 775, 798 (2d Cir. 1994). Indeed, in order to satisfy Article III in a class action, there must be a named plaintiff who has the requisite personal stake "at the time the complaint is filed, and at the time the class action is certified by the District Court pursuant to Rule 23." Sosna v. Iowa, 419 U.S. 393, 402 (1975) (emphasis added); see also Swan v. Stoneman, 635 F.2d 97, 102 n.6 (2d ... Show more content on Helpwriting.net ... That Plaintiff claims a procedural right to represent others pursuant to Rule 23 does not put him on better footing than the plaintiff in Genesis Healthcare, who claimed a statutory right to represent others pursuant to the FLSA's collective action device. Indeed, there is no basis to exempt Rule 23 class actions from the same fundamental Article III mootness principles that dictated the outcome in Genesis ... Get more on HelpWriting.net ...
  • 30. Happellate Court Cases One aspect of the American judicial process about which consensus exists is that every loser in a trial at court has the right to appeal to a higher court. But, sometimes the appeal process is misunderstood. In the U.S. an appeal is not a retrial of the case, nor its ordinarily a reexamination of true issues concluded by a trial court. The U.S. appellate courts does not hear a new testimony and does not consider new evidence, they mainly focus on how the decision was made in the trial court record. Their mainly goal is primarily to review the issue of law presented in a case. An appellate court was created in part because of the theory that it is better to have several heads when it comes to examining legal questions. In effect, the decisions of a single judge matters of the law are forced to be reviewed by a panel of judges who are taken away from the heat grown by the trial and are positioned to take a more overview of the legal questions being raised. They control the functioning as multi member or collegial bodies, with decisions made by a group of judges. In the courts, usually all the judges participate in all cases in appellate courts the decisions are made up of using three– judge panels, but in important cases, all the judges may have to participate or referred to an en banc hearing. Finally, the complexities of the review process, helps by asking why appellate courts exist and why dissatisfied litigants are able to appeal. ... Show more content on Helpwriting.net ... During the trial, a significant portion of decision making is "spur of the moment." Luckily, judges' make fast decisions and sometimes mistakes occur, as recalling bodies, appellate courts supervise the work of the lower courts, making sure that the law was correctly interpreted. But even though the error correction functions of the appellate review it protests against capricious, mistaken legal decisions by a trial court judge, or ... Get more on HelpWriting.net ...
  • 31. Supreme Court Case Study COMES NOW, Plaintiff, Biloxi H.M.A., LLC formerly d/b/a Biloxi Regional Medical Center and now d/b/a Merit Health Biloxi (the "Hospital"), by and through undersigned counsel, and files this its Response to William Kennerly, M.D.'s ("Kennerly") Rule 59 Post Judgment Motion (the "Motion"), and would show this honorable Court as follows. 1.Kennerly has not met the high burden that must be met in order for the Court to interfere with the jury's decision in this matter. Relief under Rule 59(e) is an "extraordinary remedy that should be used sparingly," and motions under Rule 59(e) should not be used to rehash arguments that could have been offered or raised before the entry of a judgment. Catholic Diocese of Biloxi, Inc. v. Sebelius, 2013 U.S.... Show more content on Helpwriting.net ... The jury deliberated in this matter nearly five (5) hours, and the judgment in this matter is not a "clear error of law." The court did not instruct the jury on an incorrect burden of proof (see AmFed Cos., LLC v. Jordan, 34 So. 3d 1177, 1191 (Miss. 2009) (where court's instruction "relaxed the necessary burden of proof"). In fact, Kennerly is not complaining of an "error of law" but of an allegedly misleading jury instruction. An instruction to which he agreed, as discussed below, along with this Court and the Hospital, to give to the jury. Unhappy with the jury's decision, Kennerly now believes that instruction was ... Get more on HelpWriting.net ...
  • 32. Supreme Court Case Summary Plaintiff's petition alleges three issues with the agency's action under K.S.A. 77–621, but none of the three issues meet muster under the law. The three issues they allege are 1) the agency action is unconstitutional; 2) the agency engaged in unlawful procedure or has failed to follow prescribed procedure; and 3) the agency action is based on a determination of fact that is not supported by evidence that is substantial when viewed in light of the whole record. These three issues represent the only grounds that the Plaintiff has chosen to challenge Fort Hayes State University's decision on and so under the statute they are the only grounds which this Court can consider. Neither the law, nor the facts of this case support a decision to overturn FHSU's decision to suspend Herrel. Constitutionality Fort Hayes State University and its officials provided sufficient due process in Herrel's case. All that due process requires in university disciplinary cases is "some kind of notice and afforded some kind of hearing". First in regards to the... Show more content on Helpwriting.net ... Herrel's complaint does not allege any violations of the law beside the constitutional issues that the constitutionality section addressed. As for the University's procedure, the Kansas Supreme Court has held that courts should "extend deference to an agency's interpretation of its own regulations". Courts should not disrupt agency's interpretations unless they are "clearly erroneous or inconsistent with the regulation". The Plaintiff's petition does not specify which rules he believes the University did not follow, but in every instance the University followed its judicial procedure. Disciplinary procedure at FHSU is governed by the Judicial Affairs Student Code of Conduct, and the Judicial Affairs Processes and Sanction. Any alleged violation of FHSU's own procedure must come from those ... Get more on HelpWriting.net ...
  • 33. Magistrates Court Cases Magistrate's court All criminal cases start in a magistrates' court. Cases are heard by either having 2 or 3 magistrates or a district judge. There isn't a jury in a magistrates' court. Cases that the magistrate's court deal with include: most motoring offences, minor criminal damage, and being drunk and disorderly in a public area. They also deal with burglary offences and drug offences. Courts always pass cases that are more serious like rape, murder, and robbery which are known as 'indictable offences'. The courts can keep people in custody or grant bail. In some cases, magistrates can keep people in bail either in court cells or police cells. They can also grant bail on strict conditions like not being able to go out past a certain time ... Get more on HelpWriting.net ...
  • 34. Satan Court Case You sit in the bench of a courtroom. The purpose of the trial is not immediately clear, but one thing is certain: the prosecutor is angry. He shouts, shakes his fist, and threatens both the judge and the defense. Amid his tirade, the judge stands, points his finger at the attorney, and yells, "Away with him!" Without hesitation the bailiff violently grabs the attorney and whisks him away. Before the door shuts behind them, the entire audience stands and rejoices over the prosecutor's removal. Even the judge begins to celebrate! At this point, you wonder if the story you just read is true. It is certainly not something you would read in the paper or find within the annals of history. But, when you study the Scriptures, you will see that very story come to life. It is the story of Satan's conflict with God and His people. Before Christ's death, Satan stood within the heavenly court and slanderously accused countless people before God (Job 1:6). In this capacity he accused both Job and Joshua (Job 1:9–11; Zech. 3:1–3). And, like some prosecuting attorneys, he used cunning and deceit to accomplish his mission. In fact, it is said that he is the father of such things (Jn. 8:44). ... Show more content on Helpwriting.net ... With the death of Christ, Satan's power over mankind was shattered (Heb. 2:14). His position in that spiritual courtroom came to an end, and Satan was forcibly removed from it (Rev. 12:7–9). Now, Satan uses his craftiness to deceive humanity so that it will carry out his will instead of God's. From time to time, he is successful, but the Lord always turns the accuser's plans against him (Rev. 12:13–17). And, in the end, Satan will suffer eternal punishment for what he has done (Rev. ... Get more on HelpWriting.net ...
  • 35. Should Be Allowed In Court Cases Beside jurisdictional questions, I think we have three main arguments on the injunction fee's issue. They are 1) the motion is not timely, 2) the statute does not allow for fees to be placed upon the State, 3) the injunction was not improperly granted. I would start off by mentioning that Idbeis v. Wichita Surgical Specialists, P.A., 285 Kan. 485, 488, 173 P.3d 642, 646 (2007) does appear to be the main case in this area of law, and beside Idbeis most of the other cases tend to be older, so some areas of this topic do not seem to be covered well. I would also note that if fees were to be awarded, they would only be able to get fees related to attempts to overturn the injunction and so say fees that were done for the general case would not apply.... Show more content on Helpwriting.net ... В§ 60–905, provides that a party seeking an injunction post a surety. This surety according to the statute is used to pay damages. The State though is not required to pay a surety and I believe there is an argument to be made that damages can only come for sureties. I would first mention that there is a case that does somewhat counter this idea. Brady, 25 Kan. App. At 795–96. In Brady, the Court of Appeals did imposed fees on a party that did not post a bond, because the court did not requirement them to do so. Id. The Court did indicate that the State may need to post a surety, but this was dicta as the State did not play a role in the case. I should note that attorney fees can only be required if there is a clear and specific statutory provision. Idbeis, 285 Kan. at 488. The Kansas Supreme Court has indicated that a party was entitled to recover if a bond was present. Alder v. City of Florence, 194 Kan. 104, 111, 397 P.2d 375, 381 (1964). Furthermore, the Court has also indicated that the bond itself it the source of damages. Texas Const. Co. v. Hoisting & Portable Engineers' Local Union No. 101, 180 Kan. 393, 396, 304 P.2d 498, 500 (1956). An early Kansas case also found that a party could not recover in an amount higher than the bound. Baker v. Craig, 127 Kan. 811, 275 P. 216, 217 modified, 128 Kan. 676, 280 P. 771 (1929). I think there is an argument to be made that because the statute does not require Kansas to post a bond, that there is no source for damages to be paid under the ... Get more on HelpWriting.net ...
  • 36. Court Case Study The video link is the place the victim is taken to a room within the court building usually and is linked up to the courtroom where the trial is taking place, like skyping. So, the victim sits in front of a television screen and the camera is focused on them, for the barristers and sometimes judge, in the court to ask questions and the victim can answer, without being in the actual court. This special measure enables the victim to be in a safe environment away from the courtroom. This also in some circumstances can be used when the victim lives a distance away from the court. The victim can use a different court near them to link up with the court which the trial is being held. However, the criticism of this special measure is everyone on ... Show more content on Helpwriting.net ... The victim should receive a phone call from witness care unit to tell them about what time, date and which court to attend the trial. (CPS.gov.uk, 2012, p6) In some instances, the victim only finds out the case is going to go ahead the next day. This is problematic and can cause the victim a great deal of distress if the victim is not kept up to date with the proceedings and as discussed before there could be problems with work and childcare at short notice. Barriers in court One of the barriers that some victims encounter is having to wait a long time in the witness service area. The witness charter states 'that victims should not wait longer than 2 hours before giving evidence' (Gov.uk, 2018, p13). Sometimes the witnesses are waiting all day before actually giving evidence, this could be for several reasons such as other case being heard first in that court or within their case there has been a point of law which has appeared and the barristers and the judge need to talk it over, before witnesses are called to give evidence (this is not the Witness Services fault, and is out of the Witness Services control). ... Get more on HelpWriting.net ...
  • 37. Trial Court Case Study The trial court erred and abused its discretion in granting the State's motion to admit evidence of prior uncharged incidents of domestic violence, because the evidence denied Mr. Davis of his rights to due process of law as guaranteed by the Fifth and Fourteenth Amendments of the United States Constitution, and Article I, Section 10 of the Missouri Constitution, in that the evidence was more prejudicial than probative because it was too remote in time to be relevant to the charged crimes and had a prejudicial effect. A.Standard of Review A trial court has broad discretion over questions of relevancy and the admissibility of evidence. State v. Dunn, 817 S.W.2d 241, 245 (Mo. Banc. 1991). An appellate court cannot reverse unless abuse is ... Show more content on Helpwriting.net ... Id. But such evidence is only relevant if its probative value outweighs its prejudicial effect. Id. Generally, the "remoteness in time of the other bad acts is ordinarily a factor affecting the weight of the evidence." State v. Shaw, 847 S.W.2d 768, 778 (Mo. Banc 1993). But when "remoteness is so great that it erodes the probative value of the evidence, the prejudicial effect outweighs its probative value and the evidence is not admissible." Id. For example, in State v. Chiles, the State attempted to put on evidence of a prior crime that occurred nearly seven years before the crime that the defendant was on trial for. 847 S.W.2d 807, 809 (Mo. App. W.D. 1992). The Missouri Court of Appeals found that the past crime was too remote to be relevant to the crime that the defendant was on trial for. Id. Similarly, in Lewis v. State, the Missouri Court of Appeals found that a ten –year old crime was too remote to be relevant. 806 S.W.2d 89, 93 (Mo. App. W.D. 1991). And in State v. Culter, the Missouri Supreme Court found that a prior crime that occurred seven to eight years prior to the offense charge was too remote to be relevant. 499 S.W.2d 387, 388 (Mo. Banc 1973). Here, the trial court allowed multiple witnesses to testify to multiple incidents of past conduct that were decades old. Amber Casada testified that Mr. Davis abused her mother was she was growing up, which makes those incidents between twenty to thirty–seven years old (Tr. 497, 509). Cierra ... Get more on HelpWriting.net ...
  • 38. Troubleshoot Court Case Defense Ladies and Gentlemen of the jury, Foremost, on behalf of my client and to the staff involved, I would like to extend my gratitude and thanks for their attentiveness during this trivial time in court. Before they are subject to finalize the discourse of this case, it would be of utmost importance and definite absolution that I take a few minutes to briefly run through a couple of key aspects to reiterate the favourable and unfavourable mentions of law. The testimonies and the constitution being primitive examples of imperative significance. Granted, you a two–sided story you have just been presented with and are witnessing in which my client –Andrew Beckett– has been unlawfully dismissed from his firm for falling victim to AIDS. An inexcusable ... Show more content on Helpwriting.net ... Beckett was nothing less of brilliant for he is credited with being a high achiever who excelled at his work and found friends within clients. He was hardworking, a man who would endure hours of tiresome trial/case preparation to ensure his clients would win their case which they most often did. Even after being diagnosed with AIDS, he would throw himself into his work to guarantee total seizing of the win in relations to the efficiency and legitimacy of his work, an advance to secure the win for his client. Never for him, but always for his clients. Even so, according to Miss. Burton's testimony, a fellow employee of the firm, even commented on his consistent impeccable service by saying "Well, he was getting thinner and he seemed very tired sometimes. But he was working so hard. Still, I felt something was wrong, and I can't believe they're trying to pretend that they didn't notice anything". By them, we can all stay assured that she is directly mentioning the partners at Wyant–Wheeler, specifically Mr. Beckett's boss Charles Wheeler and the man who discovered Andrew's lesions in the first place, Walter Kenton. And because of this, the leave of my client Andrew Beckett, an accredited lawyer, was a premeditated ... Get more on HelpWriting.net ...
  • 39. US Supreme Court Case Analysis The U.S. Supreme Court declared that a person has the right to represent himself or herself at a criminal trial based on case law from Faretta v. California (Cabell, 2012). Many people have a preset notion that those who wish to represent themselves are mentally ill, obtuse, believe they can "beat" the system, or simply are arrogant (Cabell, 2012). I do believe in certain jurisdictions it would be an advantage to conduct a defense pro se. One reason for this would be the fact that some jurisdictions have severe staffing issues with their public defenders office, which are also extremely burdened with a heavy work assignment (Cabell, 2012). In some of these cases, a defendant can possibly provide themselves a better defense than a court appointed attorney (Cabell, 2012). In some cases, the accused simply lose the trust of their council and the U.S. Supreme Court has stipulated that a defendant can always have control over the course of their trial (Cabell, 2012). Also, current data shows that people who choose a defense pro se, often have similar outcomes as... Show more content on Helpwriting.net ... An example of this was the case of Umar Farouk Abdulmutallab, who was famously known as the "Underwear Bomber" (Cabell, 2012). In the end he plead guilty to violating U.S. law, but acknowledge to the court that under Islamic law, he was not guilty (Cabell, 2012). Finally, many courts allow a person who wishes to defend their self to be appointed what's called a standby counsel (Cabell, 2012). This allows a defendant who has little to no knowledge of courtroom procedures to have a professional assist with specific procedures (Cabell, 2012). References: Cabell, K. (2012). CALCULATING AN ALTERNATIVE ROUTE: THE DIFFERENCE BETWEEN A BLINDFOLDED RIDE AND A ROAD MAP IN PRO SE CRIMINAL DEFENSE. Law & Psychology Review, ... Get more on HelpWriting.net ...