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  • Supreme Court Chief Justice John Marshall
    1,350 words
    The decisions made by Supreme Court chief justice John Marshall have had a major influence on today's Judiciary System. One of his major decisions was in the case Marbury vs. Madison, in which he set the precedent of judicial review. Another major decision is in the case McCulloch vs. Maryland, in this case Marshall ruled that Congress possesses certain implied powers. Other major decisions made by Marshall were in the cases Dartmouth College vs. Woodward, Gibbons vs. Ogden, in which Marshall de...
  • High Court From The Precedent Doctrine
    1,318 words
    Many recent decisions by the High Court have come under the spotlight of public scrutiny. Questions have been raised over the Court's adherence to the Doctrine of Precedent and the Separation of Powers doctrine. This paper will examine the theoretical and practical issues placed upon the High Court from the Precedent doctrine. The Doctrine of Precedent requires that 'like cases be decided alike'. If a case now before the court has facts and raises issues similar to those of a previously decided ...
  • Decision Of The Colorado Supreme Court
    3,055 words
    Justice Doyle delivered the Opinion of the Court. We granted certiorari in Hill vs. Colorado in order to determine whether a section of a six-pronged Colorado statute, which prevents intimidation and potential obstruction outside, and around any health care facility entrance, conflicts with the First Amendment of the United States Constitution. The Petitioners Leila Jeanne Hill, Audrey Himmel mann, and Everitt W. Simpson, Jr., are sidewalk counselors who give information on abortion alternatives...
  • Court Decision
    443 words
    Roe vs. Wade Roe vs. Wade was in many ways the most controversial decision enacted by the Supreme Court, and no other court decision has been more bitterly attacked. The right of privacy is the main issue upon which the Roe decision was based. Roe vs. Wade came before the court together with a companion case, Doe vs. Bolton. In both cases, pregnant woman sought relief against state abortion laws contending they were unconstitutional. Roe involved a Texas statute that prohibited abortions except ...
  • Florida Supreme Court Decision
    750 words
    The Presidential Election of 2000 is the closet election in history. It took five weeks to decide who would be the next president of the United States of America. On December 12, 2000, the US Supreme Court ruled in a 5-4 vote to stop recounting the undervotes. The decision reversed the ruling in Florida made by Floridas Supreme Court. The Florida justices Fred Lewis, Harry An stead, Leander Shaw, Jr., Charles T. Wells, Major Harding, Barbara Pari ente, and Peggy Quince had voted 4-3 to recount a...
  • Supreme Court Decision In Wallace Vs Jaffree
    1,840 words
    The controversial issue of separating church and state in public schools was tested in the courts numerous times in the years preceding the Jaffree decision. These prior cases helped influence the Supreme Court decision in Wallace vs. Jaffree (1985). This case pertains to three Alabama statutes possibly by law establishing a state religion in public schools. These statutes all had the same basic concept and were passed consecutively within just a few years of each other. The first statute passed...
  • Warren And His Court
    471 words
    Earl Warren, better known as a chief justice who led the Supreme Court of the United States in making difficult decisions in changes with civil rights laws and criminal cases, was an American jurist and political leader. Warren was born on March 19, 1891, in Los Angeles California. He attended the University of California for his education, and was admitted to the bar in 1914. There he held different offices in local government and practiced the law in the San Francisco area. Being a liberal Rep...
  • Case To The Supreme Court
    2,848 words
    Supreme Court Cases Engle vs. Vitale Case: In the late 1950's the New York State Board of Regents wrote and adopted a prayer, which was supposed to be nondenominational. The board recommended that students in public schools say the prayer on a voluntary basis every morning. In New Hyde Park Long Island a parent sued the school claiming that the prayer violated the first amendment of the constitution. The school argued that the prayer was nondenominational and did not attempt to "establish or end...
  • Contempt Of Court Act Of 1981
    525 words
    Contempt is generally defined as an act of disobedience to an order of a court, or an act of disrespect of a court. A client's failure to comply with a restraining order, a visitation order or an injunction in any kind of action may result in a finding of contempt of court, no matter the intention. The court has the power to punish neglect ion, violation of duty, or any other misconduct. Also a non-payment of a sum of money, ordered by the court to be paid can lead to contempt of court. Another ...
  • Supreme Court Judges
    1,281 words
    Judicial Activism is a doctrine that describes the way a court should actively access its power as a check to the activities of governmental bodies, when it is thought that those bodies have exceeded their authority. Roger Clegg, vice president of the National Legal Center for the Public Interest describes his definition a little differently. He writes that it is the act of a judge abusing his / her power by asserting his / her opinion of what the law should be, instead of what it really is. Cle...
  • Racial Segregation In The Public Schools
    315 words
    In 1896 the Supreme Court had held in Ples sy vs. Ferguson that racial segregation was permissible as long as equal facilities were provided for both races. Although that decision involved only passenger accommodations on rail road, the principle of 'separate but equal' was applied thereafter to all aspects of public life in states with large black populations. Brown vs. Board of Education of Topeka, Kansas, decided on May 17, 1954, was one of the most important cases in the history of the U.S. ...
  • Lower Court And Scott
    881 words
    This commentary will focus on the impact of the Dred Scott decision in America. Dred Scott was born a slave in Virginia to the family of Peter Blow originally. The family moved to St. Louis and sold Scott to Dr. John Emerson, a military surgeon stationed at Jefferson Barracks. Scott traveled with Dr. Emerson to different areas such as Illinois and Wisconsin territories, where slavery was prohibited. This is because of the Missouri Compromise, this compromise was created to end expansion of slave...
  • Supreme Court Justices
    699 words
    Supreme Court Justice Nominations According to Floyd G. Cullop, The Supreme Court is responsible for "interpreting a federal, state, and local law and deciding whether or not it is constitutional", making The Supreme Court of the United States perhaps the most powerful branch of the Federal Government. Although the Supreme Court does not make the laws, the justices do review the laws and decide if they are Constitutional. In fact, over the course of a justice's tenure on The Supreme Court, he or...
  • Israeli Conversions
    315 words
    Wednesday, March 06, 2002 Adar 22, 5762 Israel Time: 04: 28 (GMT+2) The non-Orthodox win another round in the conversion war Conservative Rabbi Ehud B andel at a conversion ceremony for adopted children at Kibbutz Hana ton. (Photo: Ha'a retz Archive) The Reform and Conservative movements won another round in the conversion battle when the High Court of Justice ruled on Monday February 25, that those undergoing non-Orthodox conversions in Israel must be registered as Jewish on their Israeli ident...
  • Dred Scott Decisions
    991 words
    The Dred Scott decision was an important ruling by the Supreme Court of the United States that had a significant influence on the issue of slavery. The case was decided in 1857 and, in effect, declared that no black-free or slave-could claim United States citizenship. Slaves were viewed as property, and such had no individual right. Furthermore, the decision indicated that Congress could not prohibit slavery in United States territories. I believe that the decision was morally wrong and failed t...
  • Decisions Of The High Court On Appeals
    840 words
    Most of the Court's work relates to the hearing of appeals against decisions of other courts. There is no automatic right to have an appeal heard by the High Court and parties who wish to appeal must persuade the Court in a preliminary hearing that there are special reasons to cause the appeal to be heard. Decisions of the High Court on appeals are final. There are no further appeals once a matter has been decided by the High Court, and the decision is binding on all other courts throughout Aust...
  • 9th Circuit Court Of Appeals
    1,600 words
    KYLLO, DANNY vs. UNITED STATES 99-8508 Appealed From: 9th Circuit Court of Appeals (190 F. 3d 1041) Oral Argument: 2000 term (after Jan. 1, 2001) The main subject in the Kyllo case deals with the advance in modern technology and how it relates to constitutional law. The overall question in this case is whether or not the use of thermal imaging technology should be used as a tool for searching the home of a person. The argument by the appellant, Mr. Kyllo, uses the unreasonable search and seizure...
  • Decisions From Foreign Courts
    1,129 words
    ESSAY: a) Explain and illustrate the operation of the doctrine of judicial precedent. b) How far is it true to say judges are bound by decisions in earlier cases A) Judicial precedent is where the past decisions of the judges create law for future judges to follow. English precedent is based on the Latin, stare dec isis, meaning stand by what has been said in the past. This allows the rules system to be consistent: like cases treated alike, and it is just, as people can decide on a course of con...
  • Court's Decision
    670 words
    Judicial Precedent is a process whereby judges follow previously decided case where the facts are of sufficient similarity. This doctrine is based upon the Latin maxim "stare dec isis" (stand by the decided and do not unsettle the established). This means lower courts are bound to apply legal principles set down by superior courts in earlier cases. This is a term expressing the principle of 'binding precedent'. i.e. that is necessary to abide by former decisions. This provides consistency and pr...
  • Certain Decisions Of Certain Courts
    506 words
    du d jtyneb and cons. Positive attributes - equality before the law; guidance from senior courts; certainty; law develops in logical way; reduction in arbitrariness. Negative attributes - law becomes rigid and inflexible; 'bad' law to be followed; haphazard case-reports; courts slow to move with changing social standards Outdated precedents. Example of rape within marriage. In Scots law, historical viewpoint "a man cannot rape his own wife as she has surrendered her person to her husband" (Hume,...

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