...Interpreting Laws and Court Decisions Interpreting labor and employment laws, as well as court decisions, can be a tedious task at best. The laws set in place are constantly changing and use language that is not easily deciphered by the average working American. The United States Labor laws cover the binding legal connection between the employers, their employees and the employee labor unions. Within the borders of the United States; it is generally know that employers and labor unions do not see eye to eye on most issues regarding labor and employment laws. Labor laws can address one of three different situations: “A union attempts to organize the employees of an employer and to get the employer to recognize it as the employees’ bargaining representative; (2) a union seeks to negotiate a collective bargaining agreement with an employer; or (3) a union and employer disagree on the interpretation and application of an existing contract between the two. Within these three situations, specific rules have been created to deal with rights of employees and employers.” (Labor Law, 2005) The third situation is often seen more times than not; thus creating an everlasting rift between the two parties. In the case study 1-1 of our text, Reinstatement and Back Pay Remedy for Illegal Discharge, it seemed like a common sense; open and shut scenario. My initial thoughts without any research had me thinking there was no way an employer would need to reinstate an unlawfully terminated...
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...This study will be about “Are Supreme Court Justice influenced by the public opinion in decision making. Do Appeals Court Justice make their decision based on public opinion? This question is one that will be an ongoing topic. Many scholars continue to debate whether the justices, and thus the courts outputs, actually respond to the public preference (Mishler and Sheehan, 1996). Common people wonder if the Appeals Court Justices will decide the verdict of a case based on others opinion or if the Appeals Court Justices will make their decision based on other factors. Many individuals would like to believe that federal justices will make their decisions based on the laws and facts. However, the direct linkage between public opinion and the voting behavior of justices does not arise from the justice’s strategic concerns over maintain legitimacy and compliance among the public (Casillas, Enns, Wohlfarth, 2011). The Courts of Appeal is not the court of last resort. Therefore, Appeals Court justices allow public opinion to influence their decision...
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...In the 5-4 Supreme Court decision, ruling unconstitutionally, eliminates the corporate and union directive stating autonomous expenditures and the endowment of electioneering communications. Simply, allowing big business corporations to spend frivolous sums on advertisements and other political techniques-in relation to the public official’s election or the defeat of individual candidates. Although it is still illegal for large corporations to directly ‘donate’ to candidates’ office, it will not necessarily eliminate the possibility of corruption-indirectly violating the peoples’ first amendment right by only allowing wealthy individuals access to political say. “Now the great special business interests to often control and corrupt the men”(DocE). None the less the decision never actually affected the amount of money given to candidates in context of contributions. “So if the decision was about spending, why has so much been written about contributions?”(Public Integrity)....
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...Supreme Court Decisions” (Johnson & Martin 1998). This article specifically speaks to answer, whether the Court affects public attitudes when it makes decisions or initial rulings on a salient issue or subsequent decisions on the same issue. Johnson allows us to investigate the effect of the Supreme Court on public opinion, which offers the conditional response hypothesis based on the theory of Supreme Court legitimacy, and a micro-level social-psychological theory of attitude formation through his writing. To test this prediction Johnson analyzes public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Roe v. Wade 1973), along with three key capital punishment rulings. (Furman v. Georgia 1972, Gregg v. Georgia 1976 & McCleskey v. Kemp 1987) When the Supreme Court made decisions, the public simply accepted them as legitimate. The reasoning behind this is simply because the Supreme Court is seen as the ultimate arbiter of the law. The model used by both Johnson and Martin (1998) is based upon two different theories. The first, since the public generally views the Court as a highly credible institution, individuals are more likely to clearly elaborate their attitudes toward an issue after a ruling. When the court makes its first major decision on a particular, the structure of public opinion changes in a manner consistent with the structural response hypothesis. Even if the individuals disagree with a particular decision, their...
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...Court Decisions The article “Faith and funding: judge blocks state support of Wis. agency” was a bit disturbing to me. On personal grounds, having had experience with a family member and drug addiction and several failed rehabilitation centers, it is disheartening to see one trampled in such a manner as a the article discussed for faith-based reasons. The “separation of church and state,” it seems, has become in our contemporary society more a witch-hunt against Christianity than any other faith, to the vast detriment of many institutions that could potentially do great things apart from their religious slant. I feel that more time was needed for this institution, Faith Works, to prove itself as a rehabilitation facility. The article cited lack of quantifiable figures regarding how many homeless men had been aided by the organization, as well as a lack of accountability with regard to the funding it was receiving. I agree wholeheartedly that any organization receiving state-funding (or any business, regardless, for that matter) should keep better records and be subsequently held accountable. This institution was, however, in its fledging stages, and perhaps simply needed better management and guidance. This was definitely not a problem related to matters of faith. To say as much and to pull the center’s funding for those reasons casts aspersions on the Christian faith. Ironically, faith has been one of the great motivators in recovery from many addictions. The article alludes...
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...and given negative characteristics basically influenced conflicts and movements that were both peaceful and, in extreme cases, violent. Although luckily, the Civil Rights Movement took place which took the peaceful route to equality. Three Supreme Court decisions influenced the Civil Rights Movement by shaping the rights of citizens in the United States. The final judgement of the "Shelley vs Kraemer" case in 1948 would directly affect the rights of all property owners. Petitioners Shelley, who were in fact black, acquired property and the others living near them believed it somehow violated the 14th amendment. 30 out of 39 property owners signed a 50 year covenant which said that no property...
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...The Decision of the Supreme Court on the PPACA Constitutionality The Decision of the Supreme Court on the PPACA Constitutionality From the moment the Patient Protection and Affordable Care Act (PPACA) was just in its proposal stage, it proved to be the most argued upon piece of US legislation of the last decades. It stirred controversy among the general public, medical professionals, raising concerns of various nature, including public health, legal, and ethical, to the delight of hundreds of political analysts. “Chief Justice Roberts has handed a political weapon to the Republicans, who can portray the PPACA as a major tax increase. Another potentially disturbing element of Chief Justice Roberts's opinion is the limitations he places on the federal spending power… The federal government could place conditions on the new Medicaid grants, Roberts argued, but could not threaten existing Medicaid funding without being unconstitutionally coercive. This part of Roberts's opinion is unfortunate, making it more likely that a few red states will reject the Medicaid expansion for no compelling reason.” (Lemieux, 2012) From the public health perspective, the decision of the Supreme Court does not seem beneficial. It is obvious that PPACA was intended to address the social inequalities that prevent millions of low income, uninsured citizens to benefit of decent health care. The law aims to accomplish the following major tasks:...
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...Management In an event of the breach of any contract, legal remedy should be provided to the parties that are involved in the agreement. However, instead of going directly to the court of law, there are specific remedies that serve as an alternative dispute resolution and one such alternative is arbitration. In arbitration, an arbitrator (a neutral third party or experts) renders a decision based on the disputes they are presented with. Here, the third party’s decision is legally binding, as it is an alternative dispute resolution (ADR) to the judicial system of the nation. Except for a few special cases, the court of law will reject any disputes between contracting parties and refer to the parties to arbitration. This is why almost all contracts and agreements have arbitration clauses mentioned in so it has to be a collateral to the main contract so as not to end with the contract itself. “The other term of the contract fall but the arbitration clause survives” (Pathak, 2010). The procedures to arbitration are stringent laws that pertain to how justice should be served in case of a contractual breach. Since courts alone couldn’t resolve the question of arbitration, there had to be a law that referred to the powers invested to the parties as private legislation and the ousting of the jurisdiction of the court. Hence, the Arbitration Act, 2055 (1999) was enacted to provide such guidelines for remedy for breaches in contracts. In this Act, there is mention of the procedures to appoint...
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...Appeals Process Paper Patricia Velez University Of Phoenix Punishment Philosophies An appeal is an application or request made by a losing party in a court case to a higher court seeking a reversal of a lower court’s ruling in the case. In trials by federal courts, the losing party is entitled to a chance to make a plea to the court of appeal, whereby either party may be against the decision in a civil case while only the defendant has the chance to make a petition whereby a criminal case is concerned. Most appeal cases are picked for a session of oral arguments by both parties before the court. This oral claim takes the form of a structured discussion conducted between appellate lawyers and judges of the court focusing on legal principles involved in the dispute. Ideally, both sides are allocated a small amount of time during which they present their opinions before the court. In most circumstances, appeals are final, and the decision made by the court of appeals ate taken as the final word except when it refers the case back to trial courts or whereby the Supreme Court is involved (Barendrecht, Bolt, & Hoon, 2010). Appeals factor in criminal procedures and overall trial processes in different ways depending on the structure and principals of the legal system involved. Ideally, the appeal process is upheld for its benefits for the conflicting parties, the system of public justice, as well as the future users of...
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...Business law Glossary Chapter 1 stare decisis “let the decision stand”; the principle that the decision of a court should serve as a guide or precedent and control the decision of a similar case in the future. administrative regulations rules made by state and federal administrative agencies. case law law that includes principles that are expressed for the first time in court decisions. common law the body of unwritten principles originally based upon the usages and customs of the community that were recognized and enforced by the courts. constitution a body of principles that establishes the structure of a government and the relationship of the government to the people who are governed. duty an obligation of law imposed on a person to perform or refrain from performing a certain act. equity the body of principles that originally developed because of the inadequacy of the rules then applied by the common law courts of England. law the order or pattern of rules that society establishes to govern the conduct of individuals and the relationships among them. precedent a decision of a court that stands as the law for a particular problem in the future. private law the rules and regulations parties agree to as part of their contractual relationships. procedural law the law that must be followed in enforcing rights and liabilities. right legal capacity to require another person to perform or refrain from an action. right of privacy...
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...Courtroom Participants Team B: Sheena McCall, Idalia Gill, Neil Gabe, Billie Adams, and Dannielle Rea CJA/224 October 31, 2011 Austin Dunham Weidner Courtroom Participants In a United States courtroom, there are many participants who contribute to the goal of justice for all. The judge, prosecutor, defense attorney, defendant, victims, witnesses, jurors, bailiff, and court reporter are each participants in the courtroom workgroup. Although every participant plays a different role in the process, they each contribute to the courts general objective of ensuring that the legal system remains fair, efficient, and effective to those individuals accused of committing a crime. A judge’s role is essential to court proceedings. He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights of due process. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities outside of this setting. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the...
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...1. This Honourable Court has jurisdiction to preside over the matters set out in this statement of claim pursuant to section 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (“ADJR Act”) which lists out the grounds for judicial review. The Federal Circuit Court of Australia Act 1999 (Cth) (formerly the Federal Magistrates Act 1999 (Cth) and the Judiciary Act 1903 (Cth) also have jurisdiction to preside over the matters contained therein . 2. Section 5 of the ADJR Act provides the right of: - a. “A person who is aggrieved by a decision to which this Act applies that is made after the commencement of this Act may apply to the Federal Court or the Federal Circuit Court for an order of review in respect of the decision on any...
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...incarceration, (What are Appeal Courts for? 2004). An Appeal if successful allows the higher court to over-turn a lower court’s decision. An appeal is also a defendant’s way of challenging the court’s decision. In the Criminal Justice system, an appeal takes place when an offender “tried in court”, is found guilty, later sentenced or someone who is already convicted and incarcerated may be released from incarceration or a sentence vacated if the prison term has not commenced with a successful appeal. A sentence can be vacated via an appeal, or reduced even after the sentence has begun. In Federal court, the attorney or offender files a brief(s) in support of their motion 2255 to vacate the sentence. In Europe, they follow a different standard as follows: But it is as well to remember, for example, that while article 6 of the European Convention on Human Rights,agreed in November 1950, guarantees you a fair trial, it does not guarantee you a right to appeal against the outcome of that trial. The right of appeal is to be found in article 2 of the Seventh Protocol to the Convention which was only agreed so 34 years later, in November 1984. So, even in the legal thinking of the modern world, appeals are something of an additional luxury, (What are Appeal Courts for?, 2004). The following are permissible grounds for appeal. (a) The Commission relied on erroneous information, and the actual facts justify a different decision. (b) There was significant...
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...showed how many hours attorneys spend…at research. It is against this fictional backdrop that we must try to present a more realistic picture of how our system works. Few controversies actually get to the trial stage, and even fewer of those are actually reported in the National Reporter System. In addition, there is a growing trend towards alternative dispute resolution (ADR) mechanisms. In fact, our New Jersey court system mandates court mediation be attempted before going to trial. Key identifying features of each method are described in the text. Following Chapter 3 you should be able to describe the keys steps used in a court trial and the various ADR methods available. II. Chapter Objectives · Describe the pretrial litigation process. · Describe how a case proceeds through trial. · Describe how a trial court decision is appealed. · Describe how e-filings are used in court. · Explain the use of arbitration and other nonjudicial methods of alternative dispute resolution. III. Key Question Checklist · Does the dispute or controversy lend itself to out-of-court resolution? · Once jurisdiction is established, was the proper sequence of pretrial steps taken? · Was the trial sequence properly followed? ·...
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...Amhurst Brown * Maaz law associates Brief description of nature/Impact of cases are stated below Sr. No. | Parties to case | History of case | Court | Lawyer’s opinion | Accounting Impact | 1 | Ocean Petroleum Limited Vs. Federation of Pakistan, Directorate General Petroleum Concession, Dfera Energy Limited, Dfera (Pakistan) Exploration G.M.B.H, Zaver Petroleum Corporation Limited and Government holding Limited. | Intra court appeal (ICA) has been filed by Plaintiff against Judgment of Single bench. In writ petition Plaintiff has challenged No objection certificate(NOC) issued by Directorate General Petroleum Concession to OMEL and a direction to DGPC to restrain OMEL from alienating, transferring, disposing it’s interest in Maher Concession and direction to enter into contract with any party, Particularly OMV(Pakistan) G.m.b.H. To Date there is no injunction order in the matter. In aforesaid Writ petition Zaver Petroleum Corporation Limited (ZPCL) and Ocean Petroleum Limited was plaintiff before single member bench but in intra court appeal before Division Bench Zaver Petroleum Corporation Limited has opted not to appeal against Judgment of Single Member Bench. Intra court appeal has been dismissed by the court but due to typographical errors in judgment the application for correction has been pending | Islamabad High Court, Islamabad.ICA No.73/2012 in W.P 941/2011 | M/s AR Awan Raza has been engaged by The Branch as lawyer in the Case. As per lawyers opinion, This matter...
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