...The "adversary system" is the fundamental concept behind American jurisprudence. It is assumed by our system that when you have 2 people on opposite sides who are trying to win, the party that has the truth on its side will ultimately prevail. Of course, as we all know, it doesn't always work that way; but that's our system. Many Continental European systems use the "civil law" method. Under that system, all the lawyers in the case are responsible to help in the "search for the truth." If one lawyer has information that would help the other side or comes to agree with the other side's view, he or she has the right and/or duty to say so. Which system do you think is more effective and why? Also, do you see any constitutional problems with applying the civil law system to the U.S.? For this assignment, in addition to answering the above questions, I would like you to find at least one case (which can be done most easily from Lexis) in which the limits of the adversary system were discussed or tested. The subject matter of the case itself can be anything, but the focus should be whether an attorney or firm's responsibility to a client or court outweighs some other "greater" or "moral" responsibility. For this case, please briefly discuss the ethical issue and how the court resolved it. Which system do you think is more effective and why? U.S. system. The adversarial system emphasizes the debate between the two parties and the judge only directs the jury and guarantees...
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...following laws in which they were originated. Civilizations throughout time have found it necessary to establish a set of laws dependent on their society's religious beliefs, social structure, setting, and other variables. Magna Carta (Latin for Great Charter, literally "Great Paper"), also called Magna Carta Libertatum (Great Charter of Freedoms), is an English legal charter, originally issued in the year 1215. It was written in Latin. Magna Carta required King John of England to proclaim certain rights (pertaining to nobles and barons), respect certain legal procedures, and accept that his will could be bound by the law. It explicitly protected certain rights of the King's subjects, whether free or fettered most notably the writ of habeas corpus, allowing appeal against unlawful imprisonment that led to the rule of constitutional law today in the English speaking world. The earliest legal system known in its entirety is the Code of Hammurabi which was established in ancient Babylonia nearly 4000 years ago. The Code of Hammurabi was compiled by King Hammurabi himself. Hammurabi was the most notable ruler of the first Babylonian dynasty, and unified Mesopotamia under one central government. Hammurabi's life is unknown, it is predicted that he established his reign around 1792-1750 B.C., thus dating the Code to approximately this period. Draco was a legislator in Athens who was authorized by the Alcmaeonidae to write the law codes around 621 B.C. It marked the first time the laws in...
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...this all means for Fun 4 Life Fitness Center, LLC is that the market is ever growing which translates to more competition. Most fitness centers offer a variety of services to address the needs and convenience of the customers. Some of these services includes personal trainers, facilities with state-of-the-art equipment, and programs that cater to mostly every demographic. Fun 4 Life Fitness will seek to have a competitive edge by providing customers with stellar customer service along with offering a variety of programs and equipment that is sure to develop a following for Fun 4 Life Fitness Center, LLC. Key Competitors The key competitors that have fitness centers in the Corpus Christi area are Gold’s Gym, Freedom Fitness of Corpus Christi, Corpus Christi Snap Fitness Center, and Corpus Christi Athletic Club. Gold’s Gym specializes in providing some of the best cardio and strength equipment to help people realize their goals. Some of their strengths include the programs they offer, their personal trainer staff, and most importantly, the Gold’s Gym brand name. They have built up a reputation for being one of the first innovative fitness centers. They have been around for more than 45 years. There are some weaknesses that exist for this particular Gold’s Gym. Weaknesses include complaints about the cleanliness of their facility and the brand name Gold’s Gym. Although Gold’s Gym is poplar and have a strong reputation, sometimes there are cases where a customer...
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...MADDOX V. MONTGOMERY United States Courts of Appeals, Eleventh Circuit 718 F.2d 1033 (11th Cir. 1983) Facts: Jimmy Maddox was convicted of rape in a Georgia state court and sentenced to life imprisonment. Having unsuccessfully pursued his direct appeal and the state post-conviction remedy, Maddox filed a federal habeas corpus petition alleging prosecutorial suppression of exculpatory evidence in violation of the doctrine of Brady v. Maryland. There are four types of situations in which the Brady doctrine applies; the prosecutor did not disclosed information despite the defense attorneys request, the prosecutor also did not disclosed information the general defenses request for all exculpatory information or without their request at all, the prosecutor knew or should have known that the conviction is based on false evidence which he or she failed to disclose. Surely impeaching evidence was not concerning a substantive issue, in the absence of the defense request. In United States V. Anderson it requires proof that the accused believed that some particular "official proceeding" was likely to occur in the near future, and was incorrectly instructed that an...
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...The Jurisdiction of Rights Allotted to Prisoner of War Shane Smith Abstract The jurisdiction and control of prisoners of war have historically been left solely to the military forces that held them captive; the application of rights and treatment being guided and controlled by various treaties and conventions signed by governments. This straightforward, conventional process was, and is, undisputable and logical in its application when it is applied in a conventional ‘civilized’ war; there is room for improvement, but it works. On the contrary, when fighting an unconventional war, with non-state sponsored combatants, the policies need to be reassessed. The Jurisdiction of Rights Allotted to Prisoner of War Our history shows a pattern of war making that is clearly defined, easy to follow, and reasonably undisputable: declaration of war, combat, surrender, treaties and or rebuilding. During the combat phase enemy combatant prisoners are taken, either by force or surrender, and both sides can agree that this is a better alternative to killing. With the exception of prisoner exchanges, these prisoners are held until the conflict is completed. At that time the general prisoners are released and those accused of war crimes are tried. Note that this is not policy, just a general pattern, but it works for a conventional war, a war where the losing side surrenders and both sides announce a cease fire. The problems arise when fighting an unconventional war, such as...
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...Habeas Corpus: An Ancient Law Evolved POL 201: American National Government Habeas Corpus: An Ancient Law Evolved Habeas Corpus is a law that ensures that a person who is arrested or restrained is brought before a judge or court. Should there be a lack of evidence the prisoner will be released. Habeas Corpus can be sought by a prisoner or by the prisoner’s representation. Habeas Corpus has been said to be “the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint.” (habeascorpus.net) Considering the fact that numerous people have suspended Habeas Corpus or have suspended it for certain individuals, is it still the “ultimate and peaceable remedy” that it used to be? Evolution of Habeas Corpus Habeas Corpus is an ancient common law which originates in England. The precise origin of Habeas Corpus in uncertain but it does appear to be mostly from an Anglo-Saxon origin. Habeas Corpus does date back to before the Magna Carta. (habeascorpus.net) The principle effect of Habeas Corpus was ultimately achieved in the Middle Ages. This was does by employing the use multiple writs. The sum of the writs essentially gave the same effect as the modern day Habeas Corpus. (habeascorpus.net) The Writ of Habeas Corpus was established to create a check of power for the state. It also preserved the rights of individuals from the arbitrary powers of the King, his Court, and his Counsel. (habeascorpus.net) Parliament enacted Habeas Corpus in 1679, codifying...
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...Prolactin * Progesterone * Cortisol * ESTROGEN * is produced by the ovaries, is a sex hormone responsible for secondary sex characteristics and for cyclic changes in the uterus. * Prostaglands * is a group of fatty acids that are present in menstrual and brain fluid. Prostaglands aid in uterine contractions. * Prolactin * is a hormone produced by the pituitary gland and aids in the development of breast and the formation of milk . Stress of all kinds can stimulate the production of prolactin. * Cortisol * is secreted from the cortex in the kidneys and aids in the metabolism of fats, carbohydrates, sodium, potassium and proteins. * Progesterone * is a steroid hormone excreted from the corpus luteum, which is a small yellow body that develops within a ruptured ovarian follicle. It responsible for changes in uterine endometrium in the second half of the menstrual...
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...Omar Hazien Advanced Contracts 01/31/2011 Burch Case Brief Procedure Nevada Supreme Ct., 2002 James and Linda Burch, Petitioners, Home purchasers, Plaintiffs v. The Second Judicial Court of Nevada and Double Diamond Ranch, Seller, Defendant. James and Linda Burch sue Double Diamond Ranch for breach of express and implied warranties, negligence, and fraud and misrepresentation. Burches requested removing the insulation, professionally treating area with mildew, installing upgraded insulation, constructing proper water barrier underneath ground, and reimbursement of all fees. The Second Judicial District Court granted developers motion to compel arbitration. Home purchasers petition for writ of mandamus. Petition granted and sent to Supreme Court of Nevada. Facts In March 1997, James and Linda Burch purchase home and homebuyer warranty from Double Diamond. Approximately four months after closing (October 1997), Double Diamond gave Linda Burch a 31 page warranty booklet and made her sign an application form but she did not read the booklet. She signed a document that said by signing she acknowledges she has viewed the “Warranty Teamwork” video, read and received copy of warranty, and consent to all terms including Double Diamond Binding Arbitration Provision. Warranty covers free from material and workmanship defects the first year, electrical/ plumbing/ mechanical defects the second year, and free from structural damages for ten years. In January 1999, the Burches...
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...The Law of Habeas Corpus 1 The Law of Habeas Corpus Christina Hubbard AIU Online The Law of Habeas Corpus 2 Abstract This paper will provide what Habeas Corpus means and the reason why prisoners need this law to use as a defense against the crime in which they were prosecuted for. I will discuss the cause for Habeas Corpus and the effects it has on a prisoner’s freedom. I will also discuss the Habeas Corpus Act of 1867 and Death Penalty 1996 and why they are so important to court system. Prisoners must exhaust all direct appeals before they can use the Habeas Corpus. This essay also will tell discuss why the courts don’t very often grant and overturn a prisoner’s conviction. Under the Constitutional Law it is stated that anyone prisoned in the United States has the right to a Habeas Corpus and can petition a court to hear their case and if there’s enough evidence the case may be reopened and tried again. The Law of Habeas Corpus 3 Habeas Corpus also known as the “Great Writ,” is the most celebrated in the English Law that offers protection against illegal restraint or confinement to any person that is detained by the law. The law allows a person who is detained to legally request to go before a judge after all petitions has been exhausted to give evidence and have their case reopened if the judge thinks that it should be retried. The Habeas Corpus Act was formed in 1679 to protect a person from the abusive detention of a person...
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...Krystle Barrows Habeas Corpus Final Paper American National Government (GSI1326K) Instructor Kuffel July 29, 2013 Habeas Corpus is an important article written into the constitution of the United States and is considered be the “great writ of liberty”. It was not originally written for the constitution but was adopted by the framers from their original home in Great Britain. In my paper I will talk about the meaning and history of Habeas Corpus including how Habeas Corpus and our civil liberties are interpreted and treated in regards to our constitutional rights as well as when congress determines it is lawful to suspend. Habeas Corpus is a writ that was formed as Habeas Corpus Act of 1679 and is used to keep and individual from being unlawfully imprisoned. The earliest version of Habeas corpus appeared in British’s Magna Charta (a Latin phrase means “Great Charter”) in 1215. In the history of Habeas Corpus, in the United States, Presidents had used their war-time executive order power to suspend Habeas Corpus Act of 1679 and/or declared martial law in some of the cases researched. According to the article Habeas Corpus in the Columbia Electronic Encyclopedia 6th edition (2011)” the writ of habeas corpus is Latin for you should have the body”. There are two important factors that go along with its Latin meaning. First, a writ is a document in a courts name to a jailor for example, to act or not act in some way. This writ is an order by judge to see a prisoner in the...
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...[Corpus란?] ⇒①Principled collection of ②naturally occurring text stored electronically ①Principled collection The texts in a corpus need to represent the type of lg that the corpus is intending to capture 예) representative of written lg -> need to make a comprehensive list of the different written lg situations (소설, 산문, 편지, 사무실 메모 등등..) ②Naturally occurring text Lg that is from actual lg situation such as friends chatting, meeting, letters, class assignments (made-up lgX) Large collection of texts Size is a reflection of the type of corpus(general/ specialized) Linguistic patterns of use & grammatical co-occurrence patterns Corpora need to be very large to ensure that all the senses of a word are represented ▶왜 corpus를 언어학습자에게 사용해야 하는가? -identify linguistic and situational co-occurrence patterns. -Since corpus linguistics can provide descriptions of actual lg use, this information can be used to shape & develop lg-teaching materials, and even be used to develop lg tests (NS 언어규칙에 대해 명확히 몰라도 notice marked, unusual 할 수 있다. (→intuition이 있다) -Copora provide a ready resource of natural, or authentic, texts for lg learning.→ authentic material 제공 -When learners are engaged in meaningful activities that involve them in manipulating lg, they learn more information & retain that info. longer→ corpora가 제공 가능 ▶corpus를 언어학습자에게 사용하는 방법 1.Word lists이용하기 –어휘 학습에 유용(Alphabetical order, word frequency) 교실 활동: 2개의...
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...The Writ of Habeas Corpus Research Paper and Essay Charlie Potter American Government June 2, 2009 Mr. Potter PART 1 - HABEAS CORPUS RESEARCH PAPER “By this action we should call him King Lincoln I.” - Anti-war Democrats, 1863 INTRODUCTION English in origin, the concept of habeas corpus literally means “that you have the body,” meaning that the court can force the police to produce a prisoner before them for review of their case. While complex in its use, a writ of habeas corpus forms the foundation for the rights of the accused since it allows one branch of the government (the courts) to check and balance the actions of another (the police) in criminal proceedings. And yet, while habeas corpus has been maintained as a fundamental right of the imprisoned, this protection has been tampered with in our history, making habeas corpus sometimes a casualty of our desire for security during times of crisis. Constitutional Principles Several constitutional principal are expressed through habeas corpus, the foremost being checks and balances and that the accused are afforded due process. The framers of the Constitution knew that governments become abusive of the rights of citizens when there is no power to check that abuse and when the treatment of the accused is arbitrary. The use of habeas corpus is in fact one of the few constitutional rights enshrined in the main body of the Constitution instead of the amendments, and is established...
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...Is the Use of the Habeas Corpus Helping or Hurting the War on Terror Brandy Hudson POL201: American National Government Instructor: Spencer Walsh 08/04/2014 Habeas Corpus originated in English common law as a means to protect individuals from illegal detention. Modern day, habeas corpus is mainly used as a solution prior to conviction for state and federal prisoners who challenge the legality of the application of federal laws that were used in judicial proceedings that resulted in the detainment of the individual ( Kavarsky,2014). This essay will examine the evolution of habeas corpus in the United States, how it affects civil liberties, and its effects on the war on terror. The most famous habeas corpus case was that of slave Dred Scott, who attempted to sue for his freedom. Earlier another slave by the name of James Somersett ran away from his master while in England. He was later captured but supporters obtained a writ of habeas corpus that required his captors to produce Sommersett in court where he sued for his freedom. Almost a century later, Dred Scott petitioned the U.S Federal Courts for a writ of habeas corpus. It was granted and later upheld in a court of appeals in 1857, in one of the most controversial cases in American history. The Supreme Court ruled Scott Seven to Two. The court found that no slave or descendent of a slave could be an American citizen, and so Scott was not considered a “person” within the purview of the constitution. Therefore...
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...can be determined innocent or guilty if either aren’t proven the detainee must be let free. This paper is going to attempt to analyze the historical evolution of Habeas Corpus; give examples from history of the suspension of Habeas Corpus, as well as analyzing it relevance. Habeas Corpus derived from English common law and first appeared in the Magna Carta of 1215 and is the oldest human right in history. Habeas Corpus translated means “you should have the body” habeas corpus is a legal action, or writ, by which those imprisoned unlawfully can seek relief from their imprisonment” (N.A, Habeas Corpus-The Rutherford Institute, 2015). Habeas Corpus was extremely important to the Framers of the Constitution from their personal experiences. When one was capture they were considered either an enemy combatant, imprisoned indefinitely and denied the opportunity to have a fair trial. It became increasing to the founders to protect the American people from such atrocities. March 4, 1801 President Jefferson in his first inaugural addressed the necessity of habeas corpus. President Jefferson belief was found the “freedom of person under the protection of the Habeas Corpus; and trial by juries impartially selected” (N.A, Habeas Corpus-The Rutherford Institute, 2015). There have been only two cases where habeas corpus was suspended in history. In the case of Ex Parte Merryman Lincoln declared martial law on Maryland because of John Merryman whom was a pro-confederate lieutenant in the...
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...population and wide-spread of its users. According to The World Factbook (2009), researched by Central Intelligence Agency (CIA) of USA, English is accepted as the official language in approximately 60 countries and regions. With the wide range of use in the world and its long history, English borrowed certain amount of vocabulary from other languages. As a result, an extremely common language feature can be detected in the large amount of English words which is synonyms. Synonyms are pairs of words sharing similar meaning or semantic features (Jackson & Amvela, 2007). Nevertheless, as recognized by many linguists, the meaning of synonyms differs for their connotations, dialects, collocations and syntactic features. In this research essay, a corpus-based study on the similarities and differences of synonyms will be conducted by examining claim and state. The essay will be divided into three parts, which are Literature Review, Methodology and Findings and Results. After that, a conclusion will be drawn as the summary and revision. Literature Review Synonym is considered to be an important part of the semantic study which focuses on the relational meanings of lexis. It is generally agreed that the meanings of words are closely related to the collocations and contexts in the sentences. Also, as mentioned in the introduction, synonyms are referring to the words which “have same meaning in some or all contexts” (Fromkin, Rodman & Hyams, 2011). This is according with the definition...
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