State Courts essay topics
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Mapp V Ohio Fourth Amendment Supreme Court Decision
1,459 wordsMAPP 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...
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Right Of Property In Slaves Missouri Compromise
2,597 wordsBelonos 1 Staci Belonos Ms. Bov ian American Government 18 November 2000 The Dred Scott Decision The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps on the road to secession. Dred Scott was a slave who was taken to Missouri from Virginia and sold. His new master then moved to Illinois (a free state) for a while but soon moved back to Missouri. Upon his master's death, Scott claimed that since he had resided in a free state, he was consequentially a free man. The...
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The 5th Amendment
736 wordsThe 5th Amendment Basically, the 5th Amendment states that no one shall be charged with capital crimes without a Grand Jury's permission, except in cases regarding the military while under service in wartime or public danger. No one can be put on trial again for the same crime. You can't be forced to testify yourself. That no one should be executed, jailed, or have property seized without a legal precedent. Also you can't be put through cruel or unusually punishment. If private property is seize...
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State Courts Under The Fourteenth Amendment
518 wordsGIDEON vs. WAINWRIGHT 372 U.S. 335 (1975) FACTS: Gideon, the petitioner, was charged in a Florida State Court for breaking and entering into a poolroom with the intent to commit a misdemeanor. This is a felony under Florida State Law. Due to lack of funds, he asked the court to appoint counsel for him and was denied. The court stated that under Florida state law, counsel could only be appointed to represent a defendant when that person is charged with a capital offense. Gideon unsuccessfully rep...
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Case Before The Supreme Court
303 wordsUnited States vs. Miller, 307 U.S. 174 (1939) involved the indictment of Jack Miller and a cohort for unlawfully transporting a short-barrelled shotgun in violation of the National Firearms Act of 1934. The trial court granted Miller's motion to dismiss the charges, holding that the section of the act under which he had been indicted violated the Second Amendment. The United States appealed. Jack Miller fled to parts unknown. Only the Solicitor General for the United States filed a brief or appe...
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State Court Decision O Supreme Court
11,128 wordsConstitutional law Outline 7 Sources- know all and have a separate and distinct case for each 1. Stare dec isis (basic) o Seminole Tribe of Florida vs. Florida- o ct overruled Pennsylvania vs. Union Gas Co., 491 U.S. 1,105 L. Ed. 2d 1 (1989), wherein the Court found that the Interstate Commerce Clause, Art. I, SS 8, cl. 3, granted Congress the power to abrogate state sovereign immunity, stating that the power to regulate interstate commerce would be incomplete without the authority to render sta...
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Ss 1983 Action In Federal Court
844 wordsIn 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...
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Court's Example Regarding Religious Liberty
1,876 wordsWhat Went Wrong: An Examination of Separation of Church and State By the middle of the 20th Century, the United States had emerged as a world power. It accomplished this through its leadership in defeating Germany and Japan in World War II. These two countries' main objective was to enslave the world and destroy political, religious, and economic freedom. In Germany or Japan, anyone who disagreed with these goals, or was different was destroyed. This was a common practice in these two fascist co...
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Power Of Judicial Review Over State Cases
1,127 wordsA History of the Early Assertion of Judicial Power Once upon a time there were several men planning out the best way to divide the power in a fledgling new country. Some of them wanted one big power, and others wanted three smaller ones where the power was roughly equally divided. Eventually they went with the idea of the three powers and everyone appeared to be relatively content with that. However, the two bigger and more important powers, the Executive and Legislative, started getting quite p...
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Shays Rebellion
1,785 wordsTroubled Farmers "In the first years of peacetime, following the Revolutionary War, the future of both the agrarian and commercial society appeared threatened by a strangling chain of debt which aggravated the depressed economy of the postwar years". 1 This poor economy affected almost everyone in New England especially the farmers. For years these farmers, or yeomen as they were commonly called, had been used to growing just enough for what they needed and grew little in surplus. As one farmer ...
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Police And Defense About The Mapps Case
1,245 wordsThe case of Mapp vs. Ohio is one of the most important Supreme Court decisions of the last century. Until this decision, the rights against illegal search and seizure had no method to be enforced. Up until this time, previous cases at set precedents provided little or no protection from illegal searches and seizures for the accused facing state prosecution. On May 23, 1957, Miss Doll ree Mapp heard a knocking at her door (170 Ohio Street). When she asked who it was, three men identified themselv...
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States's Sovereign Immunity In Federal Court
1,890 wordsI. Name and Citation STATE OF FLORIDA, versus SEMINOLE TRIBE OF FLORIDA II. Key Facts In this complaint, the the Tribe was operating 'electronic or electromechanical facsimiles of games of chance' and that such operations constituted class gaming as defined by IGRA. These games were operated despite the absence of a compact between the Tribe and the State regarding the regulation of class gaming. The State also alleged that the Tribe planned to construct a new facility on its lands in order to c...
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Privilege Of The Writ Of Habeas Corpus
3,700 wordsHabeas Corpus and the Use of Military Tribunals In America Under the Threat of TerrorismByJohn Villa fa~naForPLS 135 American National Politics Professor Greg AreyThomas Nelson Community College Hampton, VA April 25, 2003 Introduction It was on this date one hundred forty two years ago (April 25, 1861), that President Abraham Lincoln sent a letter to Lt. General Winfield Scott authorizing the suspension of "The Privilege of the Writ of Habeas Corpus". Lincoln had been president for less than two...
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Members Of The U.N. Security Council
699 wordsFacing worldwide opposition, the United States has retreated from its demand that American peacekeepers be permanently immune from the new war crimes tribunal. U.S. diplomats are instead proposing a yearlong ban on any investigation. The compromise proposal made Wednesday marked a significant change in the Bush administration's campaign to shield Americans from frivolous or politically motivated prosecutions by the new International Criminal Court. Members of the U.N. Security Council have been ...
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Florida State Court
374 wordsClarence Earl Gideon was charged in a Florida state court with having broken and entered a poolroom with intent to commit a misdemeanor. Appearing in court without funds and without a lawyer, Gideon asked the Florida state court to appoint counsel for him, whereupon the following troubles took place. The only way Gideon would be appointed a lawyer if it was a capitol offense. After his conviction, Gideon filed in the Supreme Court of Florida the present habeas corpus petition, attacking his conv...
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Supreme Court With His Case Dredd Scott
1,274 wordsDredd Scott America in 1857 was a nation on the brink. Relationship between the North and South had been strained for decades and was only getting worse. All tension had to do with the issues of slavery. In 1848 the U.S. had acquired new lands in the Mexican cession, and the debate was on. The question was whether or not the South should be allowed to spread slavery into the new states. This debate turned violent many times. The South threatened to secede from the Union if a candidate from the R...
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Financial Adoption Assistance
382 wordsV I am writing my essay on an african american woman named Kelly Saddler. Who adopted a one year old baby girl named Bria in the spring of 1989, and was repeatedly turned down by the courts for financial adoption assistance in the state of Ohio. Miss. Saddler first applied for financial adoption assistance in the spring of 1989 a few months before adopting baby Bria. She was denied help on the grounds that Bria was a "black baby girl", shown by adoption records. Adoption assistance was created i...
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Main Disadvantages Of The World Court
397 wordsWorld Court The World Court has developed as an arena where states can solve legal disagreements between each other. The development of international law gave need to such a venue and therefore the United Nations facilitated to this need by creating the World Court. The World Court hears grievances between states only; no outside parties may be represented within this justice system, such as individuals or corporations. The World Court has created many advantages for states participating but is ...
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Major Supreme Court Cases In History
1,052 wordsThe major supreme court cases in the nineteenth century main focus was on enforcing the rights guaranteed by the US Constitution. Whether the right was to freedom, voting, jobs, taxes, or property. The ideas that were behind the civil war were planted in the minds of many women and people of color through out this time period, thus producing many of the court cases that are talked about daily in many houses across the US. Almost all the questions presented in the major cases in U.S. history can ...
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Double Jeopardy Clause Of The Fifth Amendment
2,039 wordsThe Fifth Amendment provides for the rights of accused persons. The right against double jeopardy will be the focus of my paper and presentation. Double jeopardy can be a difficult subject for the Supreme Court and the inferior courts, not to mention to the American people. Through my extensive research, I am still not totally definitive on this clause of the Bill of Rights. I will, to the best of my ability, try to explain it. Our book, Democracy Under Pressure, defines double jeopardy as "more...