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  • Mapp V Ohio Fourth Amendment Supreme Court Decision
    1,459 words
    MAPP V. OHIO 367 U.S. 643 (1961) Ms. Doll ree Mapp and her daughter lived in Cleveland, Ohio. After receiving information that an individual wanted in connection with a recent bombing was hiding in Mapp's house, the Cleveland police knocked on her door and demanded entrance. Mapp called her attorney and subsequently refused to let the police in when they failed to produce a search warrant. After several hours of surveillance and the arrival of more officers, the police again sought entrance to t...
  • Decision Of The Missouri Supreme Court
    900 words
    The Federal Judiciary System The federal Judiciary is made up of a three-tiered court system. At the bottom are the federal district courts, the middle is the appellate courts, and the top level is the Supreme Court. District courts are at the bottom of the three-tier federal court system. The district courts are the beginning for most federal cases. District courts are trial courts; the district courts hear the testimony about the facts of a case. On average district courts handle more than 250...
  • Grants The Federal Courts Jurisdiction Over Cases
    1,122 words
    The United States court system has seen a trend of increased involvement of the federal courts in criminal matters, which used to fall within the exclusive domain of the state courts. Most criminal cases violate only state law, and therefore are tried only in the state courts. Henry Glick would agree that counterfeiting, treason, and illegal immigration are some of the unique cases, which can only be tried by the federal courts. The boundary, by which federal courts and state courts diverge with...
  • Balanced Division Of State And Federal Powers
    553 words
    Federalism, the balanced division of state and federal powers, is an essential principle of the United States Government. On occasion this balance is contested or violated and court cases ensue. These court cases over time have shaped and defined federalism and the powers, rights, and position of state and national governments. The court case of McCulloch vs. Maryland of 1819 set the president of the Supreme Court being called upon as a mediator in disputes between national and state law. The Se...
  • Ss 1983 Action In Federal Court
    844 words
    In response to The Civil War Congress enacted The Civil Rights Act of 1871 subsequently known as 42 USC SS 1983. Section 1983, applicable to the states through the Fourteenth Amendment, provides a civil remedy for persons who are deprived of constitutionally protected rights by persons acting "under the color of law". The 1961 Supreme Court decision, Monroe vs. Pape, establishes federal courts as the primary enforcers of federally protected rights by holding, that a person may bring a SS 1983 ac...
  • Bounds Of The Federal Commerce Power
    854 words
    U.S. vs. Lopez 514 U.S. 549 (1995), Vote of 5 to 4, Rehnquist for the court. Congress in 1990 enacted the Gun-Free School Zone Act, making it a federal offence to possess a firearm in a school zone. Congress relied on the authority of the Commerce Clause of the Constitution to justify passage of legislation as a way of stemming the rising tide of gun related incidents in public schools. In 1992 Alfonso Lopez, Jr. was a senior at Edison High School in San Antonio, Texas. Acting on an anonymous ti...
  • Federal Government
    428 words
    There were many rights given to the people in the constitution plus there were high hopes for this new government. The founding fathers mad a preamble in which, there were six goals made to make America a more perfect union. We had three branches of government. Legislative branch witch had the power to make laws, the Executive branch enforced the laws, and the Judicial branch has the power to interpret laws. The federal government works to meet the goals of the preamble by providing for common d...
  • Federal Judges And Justices
    1,043 words
    The founding Fathers of United States devised the federal judiciary in a successful effort to separate balance the power of the government they tried to establish. They believed that the judiciary branch must be independent in order to achieve the balanced government. The founders idea was success for the most parts, in theory as well as in practice. Yet over the years, a few unintelligent judges, through questionable rulings, have caused many Americans to begin to question the federal judiciary...
  • Level In The Federal Court System
    631 words
    The federal judiciary of the United States is split into, essentially, one court system for the national government and one for each of the states. The federal courts are then split up further. The first level of federal courts are the district courts, including the U.S. Tax Court, followed by the U.S. courts of appeal, which includes the U.S. Claims Court and the Court of International Trade. On the top of the pyramid lies the U.S. Supreme Court, which handles cases of the utmost importance. A ...
  • Constitutional Limits On Federal Power
    770 words
    -- FIVE YEARS AGO, there was great consternation when the Supreme Court ruled that carrying a gun near a school was not interstate commerce. On May 15, 2000, there was great consternation when the Supreme Court ruled that rape was not interstate commerce. It is a sign of how twisted the law has become that each of these common sense rulings was by a narrow 5 to 4 majority. While the 1995 case involved a federal law against carrying a gun within a certain distance of a school, this year's case in...
  • Supreme Court With John Marshall
    522 words
    Hamilton was a federalist and served as the secretary of the treasury in the 1890's. He was a strong supporter of a centralized federal government. He also advocated loose interpretation of the u. 's. constitution and the use of the elastic clause. Which was an ambiguous power of the federal government stating that congress can do what it is proper and necessary john Marshalls epitomizing of these Hamiltonian principals and philosophies can be seen in several of his court rulings. Such as, McCul...
  • Territorial And Federal Courts Of Appeal
    1,441 words
    The basic role of the Canadian court system is to deliver justice between two individuals or two individuals and the state. There are four levels of court in Canada. Provincial courts are the lowest in terms of power. They handle most of the day to day cases. The next court in terms of power is the provincial and territorial superior courts. These courts take care of the more serious crimes that are admitted into the system, and can also take appeals from provincial court judgments. Another that...
  • Alabama Judicial Building On Monday As Attorneys
    591 words
    MONTGOMERY, Ala., Aug. 25 - About 100 demonstrators prayed outside the Alabama Judicial Building on Monday as attorneys went to court to stop a federal judge's order to remove a 5,300-pound stone representation of the Ten Commandments from the building's rotunda. ATTORNEYS for a Christian talk show host and a pastor asked U.S. District Judge William Steele for an injunction to block the monument's removal, arguing that taking it away would violate the constitutional guarantee of freedom of relig...
  • Power Over The Federal Court System
    1,273 words
    The basis of our government was realized by Lord Acton, a British historian when he wrote, "Power tends to corrupt, and absolute power corrupts absolutely". He knew that if any one person or group ran a country, they would soon become power crazed and lose the respect and support of its citizens. This is the reason why our forefathers came up with a system of checks and balances to ensure that no one group could control the entire government. Lord Acton was not the first to believe in a separate...
  • Power Of The Federal Government
    648 words
    President Ronald Reagan was in his sixth year of office in 1985 when the Supreme Court held 5-4, and against a previous 1976 decision, that federal minimum wage standards covered public transportation workers. The case was Garcia vs. San Antonio Metropolitan Transit, and it once again confirmed the power of the federal government to regulate the states. This power of broad regulation over the states, deferred to the federal government, isn't absolute nor is it likely to remain at a consistent le...
  • Jurisdiction Of The Federal Courts In Cases
    1,083 words
    The jurisdiction of the federal courts is defined in Article, Section 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their subjects; and to controversies between th...
  • Only Evidence Against Gambino And Lima
    616 words
    Gambino vs. United States Argued Oct 12 and 13th 1927 Decided Dec. 12 1927 SUMMARY On August 1, 1924 Gambino and Lima were both arrested by two New York state troopers. They were driving near the Canadian border when their car was searched with out a warrant and intoxicating liquor was found and was taken. The liquor and other property taken was immediately turned over to a Federal deputy collector of customs for prosecution in the Federal court for Northern New York. Both Gambino and Lima were ...
  • Federal Court Of Malaysia
    436 words
    Introduction Malaysia is a Federal Constitutional Monarchy with a non involvement in political head of state known as the Yang di-Pertuan Agong and each member state has its own legislature. Sabah and Sarawak even have their own immigration laws whereas a passport is needed when travelling between East Malaysia and Peninsular Malaysia. Malaysia being an Independent country since its proclamation on the 31st August 1957 by our late Prime Minister Turku Abdul Rahman is now practicing a legal syste...
  • Coverage Under The Federal Employees Compensation Act
    2,780 words
    - Employer must be acting as a third party vis-'a-vis the employee (Schmid vs. United States, 1987,826 F 2d 227- the court stated that it did not have to decide the validity of the dual capacity doctrine since the doctrine only applies if the employer was acting via-a vis the employer in manner entirely unrelated to its capacity as an employer and, in the case before the court, the injury occurred on land owned by the government, and in which the government encouraged its employees to play; thus...
  • Supreme Court And Federal Courts
    1,095 words
    Chapter 1 Statue- written law enacted by the legislative branch establishing certain courses of conduct to follow. Ordinances- laws enacted by local government bodies. Judicial decision- a decision about an individual lawsuit issued by fed. or state courts. Chapter 2 Limited-jurisdiction trial court- a court that hears matters of specialized or limited nature. General-jurisdiction trial court- a court that hears cases of general nature. State supreme court- highest court in a state court system....

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