...systems CB 1-12, FRCP 1, 28 U.S.C. § 41, 44,132,133, 1331, 1332. What is the basic structure of the federal judiciary? How do federal courts differ from state courts? What are pleadings and what purpose do they serve? Tues. Aug. 31: Overview of the litigation process CB 13-21 FRCP 3, 4 What are the differences between subject matter jurisdiction, personal jurisdiction and venue? How is a lawsuit commenced in federal court? Wed. Sept. 1: Motions and Discovery Practice CB 20-34 FRCP 7(b), 26(b)(1) What is a motion? How does one go about making a motion in federal court? What is discovery and when does it take place? What is the difference between depositions and interrogatories? Thurs. Sept. 2: Motions and Discovery Practice (cont’d) CB 34-46 FRCP 8, 11, 12, 38, 28 U.S.C. §§ 1291, 1292 What is a demurrer? Is it permitted in federal court today? What has replaced it? What is the significance of Rule 11 for pleadings? When are litigants in a federal lawsuit entitled to a trial by jury? What happens if plaintiff wants a jury trial and defendant does not? What if the reverse is true? When can an appeal be taken from a federal court decision? What kinds of issues can be appealed from a state court to the United States Supreme Court? What issues cannot be appealed? Tues. Sept. 7: Rose v. Giamatti CB 47-58, 28 U.S.C. §§ 1441, 1446 Answer the questions on pages 57 and 58 of the Casebook. II SERVICE...
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...Hurtado of his wife's lover, the Supreme Court ruled that the Fourteenth Amendment due process clause: A.a. requires jury trials in all state courts. B.b. requires states to provide a grand jury indictment in capital cases. C.c. does not forbid states to use the death penalty because it does not define defendants of a "fundamental right" in capital cases. D.d. does not require states to provide a grand jury indictment in capital cases. Answer Key: D Question 2 of 22 3.5/ 3.5 Points A habeas corpus proceeding is not a separate proceeding from a defendant's criminal case. A. True B. False Answer Key: False Question 3 of 22 3.5/ 3.5 Points In Colorado v. Bertine (1987), the police conducted an inventory search in which they searched Bertine's backpack after arresting him for driving under the influence of alcohol. The Supreme Court decided that: A.a. the search of the backpack violated the U.S. Constitution. B.b. the search of the backpack did not violate the U.S. Constitution because it was a legitimate inventory search. C.c. the search of the backpack violated the U.S. Constitution because it was conducted on a suspicion that drugs were in Bertine's backpack. D.d. the search of the backpack did not violate the U.S. Constitution because drugs were discovered in Bertine's backpack. Answer Key: B Question 4 of 22 3.5/ 3.5 Points According to the Supreme Court opinion in California v. Greenwood...
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...a person arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter. Answer Key: C Question 2 of 20 5.0 Points In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily. Answer Key: C Question 3 of 20 5.0 Points Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial. Answer Key: B Question 4 of 20 5.0 Points According to the Supreme Court opinion in U.S. v. Salerno, involving the detention prior to trial of defendants due to the threat...
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...Constitutional Law Introduction Many people assume that a government acts from a vague position of strength and can enact any regulation it deems necessary or desirable. This chapter emphasizes a different perspective from which to view the law: action taken by the government must come from authority and this authority cannot be exceeded. Neither Congress nor any state may pass a law in conflict with the Constitution. The Constitution is the supreme law in this country. The Constitution is the source of federal power and to sustain the legality of a federal law or action a specific federal power must be found in the Constitution. States have inherent sovereign power—that is, the power to enact legislation that has a reasonable relationship to the welfare of the citizens of that state. The power of the federal government was delegated to it by the states while the power of the states was retained by them when the Constitution was ratified. The Constitution does not expressly give the states the power to regulate, but limits the states’ exercise of powers not delegated to the federal government. Chapter Outline I. The Constitutional Powers of Government Before the U.S. Constitution, the Articles of Confederation defined the central government. A. A Federal Form of Government The U.S. Constitution established a federal form of government, delegating certain powers to the national government. The states retain...
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...Marbury v. Madison On February 24, 1803 Chief Justice John Marshall and the rest of the Supreme Court decided on the seemingly insignificant case of Marbury v. Madison. While ruling the Judiciary Act of 1789 unconstitutional, Judicial Review was established. Granting the Supreme Court the power to rule acts of the Legislative and/or Executive Branch of government unconstitutional, hence serving as a landmark case that further legitimatized the Judicial Branch as a separate, but balanced branch of government. Marbury v. Madison has been used as a very important precedent throughout our history with 165 acts of Congress deemed unconstitutional as of 2010. In the Presidential election of 1800, the Democratic-Republic party of Thomas Jefferson defeated the Federalist party of John Adams. With the loss of the election, the Federalist Party began to diminish. Although losing the presidency, John Adams and his party was still in control for a couple months. In an attempt to maintain the Federalist Parties presence, John Adams appointed a number of Judges. All of these appointees were properly commissioned, but John Adams Secretary of State failed to deliver three commissions. With one of these commissions being a man by the name of William Marbury. Thomas Jefferson began his Presidency on March 5, 1801. After learning of these Federalists appointed by John Adams, Thomas Jefferson ordered his Secretary of State, James Madison not to deliver the remaining commissions. With William...
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...Maryland supreme court case became a controversial case regarding the issues of Federalism and limited government. The case set a sort of precedent about the powers that the National Government holds, stated or otherwise. The outcome of this case was justified because the state of Maryland (MD) had no right to tax instruments of the national government because it interferes with the execution of national powers. The main people involved in the case are James McCulloch, a cashier from the Baltimore Branch of the second National Bank, the state of Maryland, and Chief Justice John Marshall of the Supreme Court. The case originated in Baltimore, Maryland. The case began in 1816 when Congress established the second National Bank. The banks were found in each state and many of the states worried that a National Bank would compete with local banks. Many of the worried states believed that Congress's decisions to establish the National banks was an unconstitutional exercise of power. Additionally, the National Bank chains were issuing bank notes against Maryland law. As a result, the state of Maryland decided to impose a $15,000 tax on the Baltimore branch of the...
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... pg. 20 Data Analyzed pg. 21 Ethical Issues pg. 21 III. Results Conclusion pg. 21-22 References pg. 23 Appendix: I. Annotated Bibliography pg. 24-26 II. Survey Questions pg. 27 III. Results (Charted/Tables) pg. 28-31 Notes: I. Introduction Background/Statement of Problem Prayer in Public Schools The courts have ruled against prayer in school. Many agree with the decision; yet many disagree. Prayer should be allowed in public schools because it is already practiced. It prevents immoral acts, and it enhances the learning environment. The issue of prayer in schools has been debated in the United States since the North West Treaty (1787and 1789) which states: “ Religion, morality, and the knowledge being necessary for good government and the happiness of mankind, schools and the means of learning shall forever be engorged.” Thus, religion, which includes prayer, was...
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... | | |U.S. Constitution | Copyright © 2012, 2010, 2008, 2006, 2005, 2004, 2003, 2002, 2000, 1997, 1994 by University of Phoenix. All rights reserved. Course Description This course is an introduction to the historical, political, philosophical, and economic roots of the U.S. Constitution. It first reviews the philosophical arguments of the Federalists and the Anti-Federalists, those that supported and opposed ratification of the Constitution. The course then examines milestone Supreme Court decisions and the Court’s evolving interpretations of the Constitution. This course focuses on the first ten amendments of the Constitution, known as the Bill of Rights, and the issues of slavery and civil rights as seen through major court decisions. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed...
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...shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public welfare, intra-state commerce. Example of police powers: Gonzales vs Raich (2005) and California Medical Marijuana. The parts and relevance of the "Triad of Powers" • Interstate commerce clause • General welfare • 10th amendment – non-delegated powers go to the states Federalism between states (i.e. full faith and credit and privileges and immunities clause, original...
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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions...
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...he[Jefferson] did not take office until March 4th, 1801, President John Adams appointed Federalist judges and justices of the peace, called “Midnight Judges” to the court, one of which included William Marbury. Although these appointments were approved by the Senate, the commissions for some of these appointments were not delivered on time. Thus, the new president, Thomas Jefferson, declared the remaining appointments void. Constitutional Question: Is Marbury entitled to his commission? If he has a right to his commission, and that right has been violated, does the law of the country allow a remedy to Marbury? Is the Supreme Court the legal place for Marbury to ask for the aforementioned remedy? Answer: Yes, yes, and it depends. Justice John Marshall Delivered the Opinion of the Court The President of the United States appointed Mr. Marbury a justice of peace, and that the seal and signature by the Secretary of State signifies the completion of the appointment. Therefore, Marbury has legal right to the office. Marbury has a legal right to the commission which was not delivered to him. Therefore, his right to the office and commission was violated, and the country must allow him a remedy to correct this. Since Marbury is entitled to the remedy, the question would remain of whether or not a writ of mandamus (judicial method in which a government official - in this case, Madison- is ordered to do what is required of him) could be issued by the court. The Judiciary...
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...Question 9 To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except: Answer The employer must have a justification for treating the employee differently than it would treat a member of the general public. The speech cannot be about political topics. The speech must be about something of great public concern. The speech cannot be made as part of the employment (such as an internal memorandum). 5 points Question 10 Select the best definition of whistleblower: Answer the sole goal of modern ethics training originated from the Latin "qui tam pro domino rege quam pro sic ipso in hoc parte sequitur" meaning "who as well for the king as for himself sues in this matter." a narrow exception under the general rule of at-will employment people who report unethical or illegal activities under the control of their employers 5 points Question 11 According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today’s society. These include: Answer Total freedom in the private life with no consequences to the work life. The ability to express dissatisfaction without risk of exposure. The ability to be post critical information on the Internet without consequences at work. The ability to spend...
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...POLS 3300: Exam 1 Name: Konner Mattison Be sure to specifically answer all questions asked, cite the *best* (most relevant) Supreme Court case (plural, only if asked), and explain the Court’s decision as it applies to the hypothetical situation. Students should use only the cases discussed in-depth (a.k.a. listed in the table of contents) in the most recent edition of your textbook. Two part questions must be answered separately! 1.) President George Washington the Fourth (a grand-nephew of the first President Washington, six times removed) signed a bill passed by Congress which abolished “The Fed” (the Federal Reserve System). Washington had argued against the 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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...Chapter 22 COMPUTER CRIME: PORNOGRAPHY, FRAUD, HACKING AND GAMBLING CHAPTER SUMMARY The Internet, a relatively recent phenomenon, has caused a change in how laws may or may not apply to formerly traditional situations. Furthermore, the Internet has allowed criminals to perpetrate crimes that could not exist but for cyberspace. Chapter 22 examines computer crime and the statutes enacted to combat this growing problem as well as the erosion of our personal privacy. Freedom of speech, online gambling and cybermedicine issues are also examined in light of contemporary applications and influences resulting from the Internet. CHAPTER OUTLINE I. COMPUTER CRIME AND CYBERCRIME A. Definitions 1. Computer crime consists of crimes involving: • Computers • Computer systems • Computer applications. 2. Cybercrime consists of computer crime that takes place in cyberspace 3. The Internet facilitates a number of opportunities for crimes to occur. 4. Typical cybercrime abuses include: • Hacking • Spreading of viruses • Fraud • IP theft • Appropriation of trade secrets • Defamation B. The USA Patriot Act, 2001 1. The USA Patriot Act provided significant new powers to federal law enforcement agencies. ...
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...to business activities. ANSWER: t PAGE: 2 type: = 2. Law is a body of enforceable rules governing relationships among individuals and between individuals and their society. ANSWER: T PAGE: 2 TYPE: = 3. The natural law philosopher believes that formal law is inferior to universal moral and ethical principles that are part of human nature. ANSWER: T PAGE: 3 TYPE: = 4. Constitutional law includes only the U.S. Constitution. ANSWER: F PAGE: 6 TYPE: = 5. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. ANSWER: T PAGE: 6 TYPE: = 6. To determine whether a law is constitutional, a court will only look at the law’s source. ANSWER: F PAGE: 6 TYPE: = 7. Uniform laws apply in all states, including those in which the laws have not been adopted. ANSWER: F PAGE: 6 type: N 8. State constitutions are supreme within their respective borders. ANSWER: T PAGE: 6 type: N 9. Statutory law does not include county ordinances. ANSWER: F PAGE: 6 TYPE: = 10. Every state has adopted the Uniform Commercial Code in its entirety. ANSWER: F PAGE: 7 TYPE: N 11. Common law is a term for law that is common throughout the world. ANSWER: F PAGE: 8 TYPE: = 12. Damages is the normal remedy at law today. ANSWER: T PAGE: 8 TYPE: = 13. Equitable remedies include injunctions and decrees of specific performance. ANSWER: T PAGE: 8 TYPE: = 14. In most states, a court cannot grant a legal remedy...
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