...gag order that the judge had implemented in his case on 16 july and two days later 24 july the d. a., released this story “man facing drug charges tests court’s patience before trial” and it is full of lies and discrepancies. i had went to the newspaper this last april and asked for this case to be investigated, but they refused, again i went on 23 of july 2013 and asked for the newspaper to investigate the judge, d.a., and the sheriff’s office in the crimes that they were committing, and to speak with gerald they refuse, but the story that d. a., Hollister had released about gerald was already in the newspaper. i have called all over the state of california for help for my son. i called the governors office, attorney general, doj, fbi, u.s. marshalls, highway patrol, and other law enforcement outside of this county of plumas california, and was told its not in their jurisdiction. i have also learned that there are no checks and balances on what these judges can do. they have the right to set them selves up as GOD’s on earth, because evidently they are beyond the arms of the law. people this is not the only county that this happening to it is happening in little communities across the nation. how many videos and news stories are out there about judges, d.a., and law enforcement that are not...
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...system because he said it “promoted inequality by helping concentrate power in the hands of the capitalist elite”. Although agreeing with Washington in principle, a lawsuit was brought by Ichabod Crane, the governor of New York, challenging the dissolution because several years before New York had passed a law requiring The Fed to pay the state a fee equal to 1% of its average currency reserves. If the banking system was abolished New York would lose a valuable revenue stream. MCCULLOCH V MARYLAND Question 1A (15 points): Is the abolition of the Federal Reserve constitutional? Yes, the abolition of the Federal Reserve is constitutional. This is constitutional because he President George Washington the Forth has the...
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...Overcrowding in the California Department of Corrections and Rehabilitation (CDCR) has been a problem since the 1980’s. In October 2006 Governor Arnold Schwarzenegger declared a state of emergency for all prisons in California, stating that the overcrowding in the prisons had become a problem for both inmates and staff members (Schwarzenegger, 2006, 1). Because of this a three-judge court in the Plata and Coleman v. Schwarzenegger (2010) case issued an Opinion and Order stating that California had to limit the prison population to 137.5 percent of the rated capacity of the California prisons by the end of 2013 (Plata and Coleman v. Schwarzenegger, 2010,1-4). Further the Brown v. Plata (2011) case denied the state of California’s appeal of the three judge court’s decision (Meehan, 2014, cited in Gardiner and Fiber-Ostrow, 2014, 188). In 2011 Governor Jerry Brown signed Assembly Bill 109 (AB 109) which stated that non-serious, non-violent, non-sex related, low level inmates would no longer go to prison allowing for an opportunity to serve their sentences in county jails and/or mandatory supervision instead of prison (CDCR, 2013a, 1). Plata & Coleman v. Schwarzenegger (2009) Governor Schwarzenegger (2006, 1) stated...
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...Court case of Lamb against California, which was decided on January 7, 1963 and is recorded on page 234 of volume 371 in the United States Reporter. Lamb v. California, 371 U.S. 234 (1963). 2. Please list all of the courts whose decisions are binding upon the federal district court for the District of Massachusetts. United States Court of Appeals for the First Circuit United States Supreme Court 3. From the following sources of law within our legal system, list them in the order of most binding to least binding (assume all involved laws are valid) and explain why that order exists. a. state constitution; b. federal constitution; c. state legislation; d. federal legislation. Federal Constitution; Federal Legislation; State Constitution; State Legislation Article VI, Section 2 of the United States Constitution, known as the Supremacy Clause, sets forth that three distinct areas of legislation be at the forefront. It states that the Constitution, Federal statutes, and United States treaties encompass the "supreme law of the land", therefore making them the highest areas of law possible within the legal system of America. Federal legislature can’t violate the Constitution because the Constitution is considered the supreme law of the land. Any federal law trumps any conflicting state law. State legislature is restricted by state constitution. States can’t pass laws that interfere with the Constitution or federal legislation. The...
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...evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant (Dempsey, J., Forst, L., 2011). What this rule pretty much means is that any evidence that is found to be seized in violation of the U.S. Constitution can be suppressed in court and not used against the arrested subject. The exclusionary rule evolved in U.S. law through a series of Supreme Court cases. Since at least 1914, the Supreme Court has been concerned with the use of illegal means by the police to seize evidence in violation of the Constitution, and then using that evidence to convict a defendant in court (Dempsey, J., Forst, L., 2011). The court continually warned state courts and law enforcement agencies that they must amend their procedures in order to comply with the U.S. Constitution or risk the exclusionary rule being imposed on them as well. By 1961, the Supreme Court, noting that the state courts had not amended their procedures to conform to the Constitution, applied the exclusionary rule to the state courts and law enforcement agencies, as well as federal ones. The following cases Weeks vs. United States, Rochin vs. California and Mapp vs. Ohio, I will compare and contrast each individual case. I will also explain the effects that the ruling decision by the Supreme Court had on evidence obtained from police search and seizure. The first case I will focus on is Weeks vs. United States, in which this was the first case in U.S. history where the exclusionary rule...
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...petitioners seek to compel the County Clerk of Los Angeles County to issue them a certificate of registry (Civ. Code, § 69a) and a license to marry. (Civ. Code, § 69.) In the application for a license, petitioner Andrea Perez states that she is a white person and petitioner Sylvester Davis that he is a Negro. Respondent refuses to issue the certificate and license, invoking Civil Code, section 69, which provides: ". . . no license may be issued authorizing the marriage of a white person with a Negro, mulatto, Mongolian or member of the Malay race." At the time, under California state law, no marriage license could be issued between a "white" person and a "negro" person. Petitioners contend that the statutes in question are unconstitutional on the grounds that they prohibit the free exercise of their religion and deny to them the right to participate fully in the sacraments of that religion. They are members of the Roman Catholic Church. They maintain that since the church has no rule forbidding marriages between Negroes and Caucasians, they are entitled to receive the sacrament of matrimony. The case went all the way to the California Supreme Court and the couple was able to successfully overturn California’s miscegenation laws. The California Supreme Court in Perez v. Sharp (1948) 32 C.2d 711, 198 P.2d 17, 8 Summary (10th), Constitutional Law, §747, characterized...
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...Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise ofjudicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government. The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State James Madison to deliver the documents. The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and remediable. Nonetheless, the Court stopped short of compelling Madison (by writ of mandamus) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established. The petition was therefore denied. McCulloch v. Maryland, 17 U.S. 316 (1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing...
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...Chapter 1 The Legal Environment Answers to Learning Objectives/ For Review Questions at the Beginning and THE END OF THE CHAPTER NOTE THAT YOUR STUDENTS CAN FIND THE ANSWERS TO THE EVEN-NUMBERED FOR REVIEW QUESTIONS ON THIS TEXT’S WEB SITE AT WWW.CENGAGE.COM/BLAW/BLT. WE REPEAT THESE ANSWERS HERE AS A CONVENIENCE TO YOU. 1A Sources of Law Primary sources of law are sources that establish the law. In the United States, these include the U.S. Constitution and the state constitutions, statues passed by Congress and the state legislatures, regulations created by administrative agencies, and court decisions, or case law. 2A COMMON LAW TRADITION Because of our colonial heritage, much of American law is based on the English legal system. In that system, after the Norman conquest, the king’s courts sought to establish a uniform set of rules for the entire country. What evolved in these courts was the common law—a body of general legal principles that applied throughout the entire English realm. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. 3A Precedent Judges attempt to be consistent, and when possible, they base their decisions on the principles suggested by earlier cases. They seek to decide similar cases in a similar way and consider new cases with care, because they know that their conflicting decisions make new law. Each interpretation becomes part of the law on the subject and...
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...San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973) Historical Setting After Civil Rights success in the 1960’s, many of the United States underrepresented citizenry such as minorities and poor searched for equality through the Constitution. In San Antonio, Texas, citizens found that the school finance system was unjust and filed suit under the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. The Federal District Court found that the Texas school finance system violated the Fourteenth Amendment. The State appealed to the Supreme Court. Case Summary San Antonio Independent School District v. Rodriguez (1973) argued that education was a “fundamental right” implied in the Constitution and that poor Hispanic families were being treated as a “suspect class” due to financial disparities between wealthy and poor school districts. The argument was that this inequality of funding between school district’s violated the Equal Protection Clause. The State contended that education was not an Federal enumerated power, therefore it was reserved to the State and that included financial decisions. Court’s Decision The Court found in a 5-4 ruling that this was not a violation of the Equal Protection Clause of the Fourteenth Amendment because education is not a guarantee...
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...scrutiny that are used to determine violations of the equal protection clause are Strict scrutiny (used when fundamental rights are being violated), Intermediate scrutiny(used in issues involving gender and legitimacy discrimination) , and the Rational basis test (applied in matters regarding economic and social welfare). 3) Which standard of scrutiny, or test, would apply to this situation? Why? The rational basis test would be the most applicable to this situation as the primary government interest is social welfare. 4) Applying this standard or test, is the helmet statute constitutional? Why or why not? Family winemakers of California v. Jenkins The court begins by referencing the 21st amendment and the substantial level of control it gave to states to regulate alcoholic beverages. and describing the normal means by which states are able to regulate the distribution and sale of alcohol. This establishes the basis from which the Massachusetts legislation deviated. In the three pages that lead up to this case the authors lay some important groundwork that is key to understanding the details of this case, and ultimately the decision by the...
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...against California, which was decided on January 7, 1963 and is recorded on page 234 of volume 371 in the United States Reporter. The correct citation for this is: Lamb v. California, 371 U.S. 234 (U.S.1963). 2. Please list all of the courts whose decisions are binding upon the federal court for the District of Massachusetts. There are two courts at the federal level that are binding in the District of Massachusetts. The first binding court is the United States District Courts First Circuit. Decisions made in this court would be binding to lower courts. If the decisions were appealed it would then go to the highest court, the United States Supreme Court. The United States Supreme Court is the highest court in the federal judicial system. This particular court has the ability to grant or deny Certiorari as well. The decisions of the United States Supreme court are binding as well. 3. From the following sources of law within our legal system, list them in the order of most binding to least binding (assume all involved laws are valid) explain why that order exists. a. Federal Constitution b. Federal Legislation c. State Constitution d. State Legislation The Federal Constitution and Federal Legislation are at the top because they are overall general guidelines that are necessary for everyone to follow. These two sources provide an outline of the government system and the outline of the law for all people. The next two sources are from the states. Each State has...
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...James Thomas, Senator for the State of Oklahoma To the Congress of the United States of America: When our Constitution was first drafted the Founding Fathers argued long and hard about the inclusion of a Bill of Rights .The key reason the Founders finally united and agreed to pass a Bill of Rights, even though the Federalists had initially argued that a piece of paper could not act to protect individual freedoms, was because they felt there had to be a way to “oblige the government to control itself,” (Postell). There are many searches of colonists’ private homes and their inability to protect themselves from such intrusions by the British Crown led the Founders to pass the Fourth Amendment (Flex Your Rights Foundation). At its core, the Fourth Amendment protects the right of the people to be free from an absolute government intrusion and from a government that has run wild with its own power. The Fourth Amendment says (Findlaw): The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. People have a right to feel safe in their houses and property cannot be lost to government action simply because the government has the power. To protect people from government intrusion and its...
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...HIS/301 Branches of Government Paper University of Phoenix July, 26 2010 Branches of Government Former President Thomas Jefferson once said, “Government are instituted among Men, deriving their just Power from the Consent of the Governed.” Since the second continental congress declared America’s independence from Great Britain on July 4, 1776 the United States government has sought to realize the fundamental principle on which our nation was founded. This was the start of the government we now know and still honor today. As our school children say every morning in class, as our founding fathers wished for us, that all people have the right to life, liberty and the pursuit of happiness. This paper will answer a handful of questions such as; what were the reasons our forefathers divided the government into the legislative, judicial, and executive branches? How are the three branches of the U.S. government supposed to interact? Is the system successful? Why or why not? Are the branches balanced in power? How was the conflict between supporters of a strong federal government and champions of states’ rights characterized then as opposed to now? How could things have been designed more efficiently, if at all? Our founding fathers divided the government into three separate branches was because they planned to implement a democratic government that would work to serve the citizens and not regulate them. In other words, the founding fathers wanted to devise an organization...
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...discretion of the penal system. Isn’t it better to be at your own home and doing exactly what you want to do? If you are an inmate you raise when told to, go to bed when instructed and every thing else they expect you to do. Incapacitation; means to put the criminal out of action, debilitate, because of this persons actions, they have been detained and cannot cause themselves or anyone else harm. Rehabilitation, there was a timing that this really meant they, the state, once incarcerated, are to teach the inmate a trade. This trade was to make sure that the criminal did no longer have to live a life of crime. Upon their release they would be able to be gainfully employed, or have the ability to open their own business they would be what society would call employable. This is one of the original plans of our correctional facilities. Unlike today, it just seems that it was converted into a warehouse for bodies. Retribution, the inmate would have to pay for what they had done to someone. In this state of New Jersey there are certain crimes that according to the law that the criminal would have to pay back, they would have to pay restitution. Last but not least in sentencing is reformation which goes hand in hand with rehabilitation it was intended to make improvement with the person who has been incarcerated. The plan was to reorganize their lives and provide a way for an overhaul on their way to restoration. If someone a citizen or naturalized and they commits...
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...Class Book Chapter: Judicial Review—Friedrichs v. California Teachers Association (Final Draft) Nichole L. Horner 3118434 LSTD497—Senior Seminar in Legal Studies Professor James Barnery Two hundred and thirteen years ago the Supreme Court presided over the case Marbury v. Madison, in a unanimous decision the court found in favor of Marbury. The court stated that Marbury had a right to his commission that was promised by President Adams before his exit from office . But, ironically Marbury would not receive his commission even though the courts had found in his favor. Marbury v. Madison had opened a door that went beyond Marbury’s commission, the case established a major historical precedent. The courts identified that the Judiciary Act of 1789 was in direct conflict with Article III of the Constitution . In Chief Justice Marshall's opinion, he identified that Congress could not give the Supreme Court the power to issue an order granting Marbury his commission. In the court’s ruling they found that the Constitution was...
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