Premium Essay

Kentucky V. King Case

In: Historical Events

Submitted By mattieh66
Words 354
Pages 2
July, 13 2013

(Week 3 Assignment Introduction to Law)

MOD6_

1. What are the two basic functions of trial courts.

The trial court's basic function is to resolve disputes by determining the facts and applying legal principles to decide who is right. The appellate court's task is to determine whether the law was applied correctly in the trial court.

2. What is the difference between a dissenting and a concurring opinion?

So Majority opinion is called the "Opinion of the Court," this is the official verdict in the case that represents the vote of the majority of justices

Dissenting opinion is an opinion that is written by a justice who disagrees with the majority

Concurring opinion is an opinion that agrees with the decision but may disagree with the some of the reasoning behind the Court opinion, or may elaborate on a point made or introduce further relevant information

3. List the major differences between trial and appellate courts.

Trial courts are the courts where cases start. In the trial court, both sides present evidence to show their version of what happened but in the appellate courts, there are no witnesses, and no evidence is presented.

Also the second difference between the two courts is the judges. In trial courts, there is one judge in the courtroom. That judge decides what evidence can and cannot be used and often decides the outcome of the case. In Indiana, appeals are decided by more then one judge.

The last major difference between the trial courts and the appellate courts is the role of the jury. A jury is a group of citizens who listen to the facts and make decisions about the case.

4. On what basis (you can name more than one) can a Case go to Federal Court?

It has to do with something that involves a question of federal law or that the federal court has…...

Similar Documents

Premium Essay

Exigent Circumstances

...the Fourth Amendment specifically requires such a warrant? The answer lies within the court system, specifically the United States Supreme Court, as the courts have found that certain searches and seizures to be constitutional even in the absence of a warrant, providing it passes a reasonableness test. Under the reasonableness test, the court balances the government interest in investigating crime against the extent of the intrusion into a person’s privacy (House, 2002). Even though the Fourth Amendment requires probable cause for a warrant to be issued, it does not specifically define what probable cause is. Again, it has been left up to the courts to define what probable cause is (Shestokas, 2009). Brinegar v. United States, 338 U.S. 160 (1949), is a leading case defining probable cause as: Probable cause exists where the facts and circumstances within their [the officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed. For a warrant to be issued, it must be based on probable cause, therefore, for a warrantless search to be justified, the same probable cause must also exist that would have justified the issuance of the warrant had there been an opportunity to obtain such a warrant (Walker and Hemmens, 2011). In certain emergency situations, an officer’s duty to protect the public and preserve evidence......

Words: 1654 - Pages: 7

Premium Essay

Business Law Cases

...Name of Case: Skilling v. United States Page: 133 Court/Year: U.S. Supreme Court 2010 Facts: The government accused Skilling and other in a wide-ranging scheme to deceive the investing public. Skilling was indicted with more than 25 counts of securities fraud. The government felt that Skilling benefited “profited from the fraudulent scheme” at the time of trial. According to 1346, Skilling did not commit honest-services fraud. Federal district court jury found Skilling guilty of 19 counts including the honest-services-fraud charge and sentenced him to 292 months in prison and ordered him to pay $45 million. U.S. Court of Appeals affirmed the conviction. The Supreme Court granted Skilling’s request that it hears the case. Final verdict: Fifth Circuit’s ruling upholding conspiracy conviction vacated; case remanded for further proceedings. Name of Case: Arthur Andersen LLP v. United States Page: 137 Court/Year: U.S. Supreme Court 2005 Facts: Andersen audited Enron’s publicly filed financial statements and provided internal audit and consulting services to the corporation. Andersen team had allowed Enron to engage in “off-balance-sheet” for accounting purposes so that it reflected positive returns, which is a violation under GAAP. Later, an Andersen partner began to destroy documents when he was instructed not to because it was against the policy. Andersen was indicted for intentionally persuading its employees to destroy documents. They violated Title 18 of the......

Words: 1024 - Pages: 5

Premium Essay

Fourth Amendment Summary

...which a person has a right to be secure against unreasonable searches and seizures. A seizure is referred to as an interference with an individual’s properties. An unreasonable seizure can be defined as an owner having a reasonable expectation of privacy against having their items seized. The Supreme Court has also defined that a person has a reasonable expectations of privacy for personal information as well. The Supreme Court has made rulings have that have diminished the protections of the Fourth Amendment that the Constitution has afforded people. An example of the diminish protections is United States v. Leon and Kentucky v. King. In the case of United States v. Leon the Court contended that the evidence seized by the police officer was done in good faith even though the warrant that was used to gather the evidence was defective. In the case of Kentucky v. King, the Supreme Court ruled 8-1 that the police may forcibly enter a person’s home without a warrant as long as they believed someone inside the house is destroying evidence. The Supreme Court also held that the Fourth Amendment doesn’t apply in certain situations such as probation or parole revocation hearings and when the illegally seized evidence is used to impeach the defendant’s testimony. The government sought and wanted more power that undermines the rights of the Fourth Amendment since 9/11. The USA Patriot Act and other secret surveillance programs have caused concerned to the fundamental......

Words: 1176 - Pages: 5

Free Essay

Business Law

...160 Ohio App.3d 634; Ricker v. Fraza/Forklifts of Detroit; | |[pic] |[pic] |Page 634 |[pic] | RICKER, Appellant v. FRAZA/FORKLIFTS OF DETRIOT, Apellee. [Cite as Ricker v. Fraza/Forklifts of Detriot, 160 Ohio App.3d 634, 2005-Ohio-1945] 2005-Ohio-1945 Court of Appeals of Ohio, Tenth District, Franklin County. No. 04AP-582 Decided April 26, 2005 LAZARUS, Judge. {¶1}      Plaintiff-appellant, J. Griffin Ricker, appeals from a decision of the Franklin County Court of Common Pleas, dismissing his complaint against defendant-appellee, Fraza/Forklifts of Detroit ("Fraza"), for lack of personal jurisdiction. {¶2}      Ricker initiated this action with a complaint seeking damages for breach of an oral contract to provide insurance consulting services. The complaint alleges that Ricker is an insurance consultant with his principal place of business located in Hilliard, Ohio, and Fraza is a Delaware corporation with its principal place of business located in Roseville, Michigan. The complaint further alleges that, in 2002, Fraza hired Ricker to provide insurance consulting services, and agreed to pay Ricker $30,000 if business insurance was obtained through the efforts of Ricker. Such payments would apply to subsequent annual renewals of insurance. Ricker obtained insurance coverage for Frazer from Universal Underwriters Group for 2002. Fraza paid Ricker for his......

Words: 2359 - Pages: 10

Premium Essay

Florida V. Jardines

...Case Name: FLORIDA, Petitioner v. Joelis JARDINES Citation: 133 S.Ct. 1409 Procedural History: Defendant, who was charged with trafficking in cannabis and theft of electricity, moved to suppress evidence seized pursuant to a search warrant that was obtained after a dog-sniff on front porch of defendant's home. The Florida Circuit Court, Miami–Dade County, William Thomas, J., granted the motion. State appealed. The Florida District Court of Appeal, 9 So.3d 1, reversed and certified a conflict. The Florida Supreme Court, Perry, J., 73 So.3d 34, quashed the decision of the District Court of Appeal. Certiorari was granted. Statement of Facts: In 2006, Detective William Pedraja of the Miami–Dade Police Department received an unverified tip that marijuana was being grown in the home of respondent Joelis Jardines. One month later, the Department and the Drug Enforcement Administration sent a joint surveillance team to Jardines' home where the dog gave a positive alert for narcotics. Based on the alert, the officers obtained a warrant for a search, which revealed marijuana plants; Jardines was charged with trafficking in cannabis. The Supreme Court of Florida approved the trial court's decision to suppress the evidence, holding that the officers had engaged in a Fourth Amendment search unsupported by probable cause. Issues: Was there a trespassory invasion of curtilage that constituted a search for fourth amendment purposes? Did officers have an implied license for the......

Words: 561 - Pages: 3

Premium Essay

Jacqueline Montanez Case

...Jacqueline Montanez Case On May 12, 1992 Jacqueline Montanez, a member of the Maniac Latin Disciples, was involved with the murders of rival Latin King gang members Hector Reyes and Jimmy Cruz in Humboldt Park, Chicago. According to police Montanez shot Reyes and then later gave her gun to Marilyn Mulero: who subsequently shot Cruz. The three women involved were arrested within 24 hours of the crime. This story made headlines for a couple reasons; for one it involved retaliation against male gang members by female gang members and also because Montanez was only 15 when she committed the crime. Since the severity of her crime was extreme, Montanez was prosecuted in an adult court as opposed to a juvenile court. It only took the jury two days to determine probable cause. Video evidence along with testimony Montanez gave police was enough for the jury to make a decision On August 6, 1993 Montanez, then 17, was convicted of two first degree murder charges by a Cook County Court jury. Under the law of accountability Montanez was not only responsible for her actions but for Mulero’s actions as well, thus the two counts of first degree murder. Montanez was later sentenced to life in prison without the possibility of parole. Since Montanez was 15 when the murders took place the death penalty was out of the question. Despite the fact that she was tried as an adult the death penalty could not be applied due to the Supreme Court case of Thompson v. Oklahoma (1988): which......

Words: 590 - Pages: 3

Free Essay

Uniforms in Public Schools

...students who wear uniforms, he states that “less fortunate kids do not have to be quite as obvious to others by the simple fact that they look the same” (personal communication, February 5, 2007). Henderson, who attended Catholic School in Owensboro, Kentucky, for 12 years, felt that even though he was at a private school, the use of uniforms would be very beneficial to all students, attending private and public schools ” (personal communication, February 5, 2007). He also discuss below the added benefit of school uniforms from his view. I would not trade uniforms for anything because it just takes a lot of stress off of the students, the parents, and the teachers to not have to worry about what everyone else is wearing and how much it costs.  It just makes life simpler and allows for more learning to occur at school in my opinion (personal communication, February 5, 2007).  Genia Hines, Accounting Manager at Desa Corp., also an attendee of Owensboro Catholic School, agrees on the positive effect of uniforms, she states that “uniforms can allow the kids to feel equal, everyone is dressed alike” (personal communication, February 5, 2007) From a principal point of perspective, Pat Verj of the Lincoln Elementary in Franklin, Kentucky, feels that children’s self esteem is affected which in turn affects their grades. He provides the below example on positive reinforcement and effects regarding student dress. There is a positive affect on student self-esteem. I......

Words: 1977 - Pages: 8

Premium Essay

Exclusionary Rule

...when officer is able to enter without the search warrant and yes this is not a violation of the 4th Amendment as the court ruled in Kentucky v. King. When police officers are at your door and they shout “police-police-police” officers can enter the apartment without a search warrant because of reasonable reasoning that the occupant is destroying evidence explained, Warren Richey author for the Christian Science Monitor newspaper. Think twice when police officers knock on the door and shout “police” that whoever is inside the house do not destroy any evidence for which it is illegal to do and can be use against whoever does it. When the 4th Amendment is violated any seizures that law enforcement collected will not be admitable by the court. On the Mapp v. Ohio case that was brought up in 1961 when officer enter Mapp’s home to search for evidence without a search warrant. The court denied the evidence that officers gather because there was no warrants and it’s was a violation to Mapp’s 4th Amendment. The evidence was dismissed because there was no warrant for the evidence. For example, Federal Bureau Investigation (FBI) raided George W. Bush’s house with a search warrant to obtain video and paper documents of allegation to fire a nuclear missile to Somalia but the FBI found a voice mail telling him when to fire the missile and arrested Bush. Bush case was dismissed from the court house because the evidence that FBI obtain was not what was stated in the search warrant and that......

Words: 1225 - Pages: 5

Premium Essay

Franchising

...Iowa Tax Case Could Cost Nation’s Franchises September 2010 Franchising World Franchisors should also expect the impact of the decision in KFC Corp. to extend beyond Iowa.  The Iowa Supreme Court in late May heard oral arguments in KFC Corp. vs. Iowa Department of Revenue, a case that could have a substantial financial impact on franchisors across the nation. Iowa asserted that KFC is subject to the state’s corporate income tax based solely on the fact that it received royalties from franchisees in Iowa. The state cited Geoffrey v. South Carolina Tax Commission and related cases in support of its position. However, a victory by the state would represent an extension of those cases because KFC involves licensing agreements between unrelated parties. The KFC case could result in a landmark decision for states attempting to impose income tax on out-of-state franchisors and other similarly situated taxpayers.   Background on State Tax Nexus  Historically, many franchisors have reported and paid income taxes only in states in which they have a physical presence. This practice is based on a 1992 U.S. Supreme Court case, Quill Corp. v. North Dakota, which held that the Commerce Clause of the United States Constitution barred states from imposing a use-tax collection obligation on out-of-state corporations that had no physical presence in the taxing state. The court held that such corporations did not have the “substantial nexus” with the state that was required under the......

Words: 2836 - Pages: 12

Free Essay

Betrand Russell on Knowledge of Truth

...be quite blind to what is quite obvious to others. * And it is not "obvious" to me "that it is only what goes on in our own minds that can be thus known immediately", although I agree that's a way of putting a normal belief (that may be otherwise expressed as "we only can know our own experience from experience"). This dogmatically denies the possibility of extra-sensory perception; it passes very lightly over the knowledge a mother seems to have of her baby; and it also seems a bit misleading about many ordinary experiences that we believe we share with others, like a good meal, music, the appreciation of a joke and so on, where it at least seems as if the experiences we believe we share are very similar if not identical. And in any case there are such ordinary mental acts as imagining oneself to be in another's shoes; "identifying" with others; playing a role etc. all of which are ways of coming to know the mind of others. Back. what may be called the inner sense * Incidentally, it seems to me a sensible hypothesis to postulate an organ of inner sense, that is related to our memories, fantasies, and judgments in a similar way as the eye is related to our visual experiences. This inner sense may well be called (a bit misleading, perhaps, but in accordance with common usage) "I", and be explained as what the personal pronoun stands for - say, something in - a part of or a system of events in parts of - our brain that organises and presents experiences.......

Words: 3592 - Pages: 15

Premium Essay

20th Nursing

...education system that promotes seamless academic progression. Nurses should be full partners, with physicians and other health care professionals, in redesigning health care in the United States. Here should also be effective workforce planning and policy making for better data collection and information. Nursing education was also an integral part as much as it’s practice. Thus, the start of diploma in nursing education that began during the latter part of the 19th century with a growth in hospitals was essential. Training of hospital nurses at this time was based on an apprenticeship model where nursing students provided service (direct patient care) in exchange for a few educational ‘lectures, room and board, and a monthly allowance (King, 1987). Despite the benefits of the apprenticeship model, it underwent criticism from nursing education leaders. Goldmark (1923) in particular emphasized that the training needs of the students and the service needs of hospitals were incongruent. She wrote that when: the needs of the sick must predominate; the needs of education must yield” (Goldmark, p. 195). To balance the academic needs of nursing students with their need for clinical experiences, Dr. Richard Olding Beard advocated for university education for nursing student. He contended that university education would eliminate the incongruence between hospital’s service needs and the educational needs of students.(Bollough & Bollough, 1984). Following Dr. Beard’s efforts,......

Words: 1567 - Pages: 7

Premium Essay

Kentucky Fried Chicken and the Global Fast-Food Industry

...Kentucky Fried Chicken and the Global Fast-Food Industry Case Analysis 1.0 Source Problem The change in demographic trends in the past two decades has seen an overall increase in costs for KFC and other fast food chains. Due to immense price competition and saturation of the US market, KFC is unable to raise its prices to cover the increased costs. The slower US population growth rate, oversupply of fast food chains and the minuscule 1% growth in the US restaurant industry per year has resulted in KFC¡¦s focus on expansion of their international markets. 2.0 Secondary Problems 2.1 Short Term - New product introductions are slow. - Market research inefficiency. Eg. Germans were not accustomed to buying takeout or ordering over the counter. McDonalds performed better in this aspect. - Crispy strips and chicken sandwiches cannibalized the fried chicken sales. 2.2 Long Term - Differences between the PepsiCo and KFC corporate strategy and culture. - PepsiCo/KFC poor relationship with franchisees. - Increased competition from direct and indirect competitors. - Reduction in market share in the US market. - Risks involved in international operations: long distances made it difficult to control quality and service, increased transportation and other resource costs, and time, culture and language differences increased communication and operational problems. - Fast food sales grew at a slower rate (5%) in comparison to other sectors in the restaurant industry. ...

Words: 3507 - Pages: 15

Free Essay

A Review of Mission Statement for Fast Food Industry

...succuss and to review mission statements for five quick services restaurants which are competing in the fast food industry including: Hungry Jack’s, McDonald’s, Domino’s Pizza, Kentucky Fried Chicken and SUBWAY chain. This report finds that a well written mission statement is able to guide the direction of the company and positively change employees’ behaviours which directly link to company profitability. Therefore is essential for successful organizations today. This report also finds that except for McDonald’s, all other four companies’ mission statements are either focusing on these companies’ growth or profitability. This report believes it might be difficult for them to cope with this changing macro-environment and plan for the future scenarios. McDonald’s is the only organisation in these five companies that mentions customer experiences and perception towards the cooperation is also it is the only one communicate effectively this to the target audiences. Table of Contents 1.Introduction 1 2.The need of Mission Statement 1 3. Hungry Jack’s 2 3.1 Company Description 2 3.2 Review of the Mission Statement 3 4. McDonald’s 5 4.1 Company Description 5 4.2 Review on mission statement 6 5. Dominos 9 5.1 Company Description 9 5.2 Review of Mission Statement 10 6. Kentucky Fried Chicken (KFC) 11 6.1 Company Description 11 6.1 Review of mission statement 11 7. SUBWAY Chain 14 7.1 Company Description 14 7.2 Review of mission......

Words: 3180 - Pages: 13

Premium Essay

Obesity in America

...topic and various legal cases that went to court. In this research paper I am going to expand on my findings of this controversial topic. First, I will explain the history of obesity law suites and how the first one led many others to sue. Next, I will cite, describe, and analyze various obesity law suits against fast-food companies. Lastly, I will express my opinion on the topic and conclude the paper with an outlook on future obesity lawsuits. II. History of Obesity Litigation with Fast-Food Companies The fast-food industry has been around for decades. Its inexpensive tasty foods offer convenience to a society that is on the go. Their success has continued to grow due to their increasing popularity. But this popularity has brought more than just increased profits. As more and more Americans have become obese over the years they began to blame the fast-food companies for their weight gain. Documentaries such as “Supersize Me” and “Fast Food Nation” were released and they claimed that fast food companies were partly to blame for the U.S. upsurge in obesity rates. Many figured they could capitalize off their obesity by bringing lawsuits against the fast-food companies. After a sudden increase of fast-food litigation the government responded and Republican Congress tried to pass legislation that would ban such fast-food lawsuits. III. Previous Cases and Analysis of Decisions a. Caesar Barber v. McDonald’s Corporation, KFC Corp., Burger King Corp., Wendy’s......

Words: 2910 - Pages: 12

Premium Essay

Kfc Opeartions Analysis

...spinoff of PepsiCo's restaurant holdings. New Management for Kentucky Fried Chicken In 1964 Sanders sold Kentucky Fried Chicken for $2 million and a per-year salary of $40,000 for public appearances; that salary later rose to $200,000. The offer came from an investor group headed by John Y. Brown, Jr. a 29-year-old graduate of the University of Kentucky law school, and Nashville financier John (Jack) Massey. A notable member of the investor group was Pete Harman, who had been the first to purchase Sanders's recipe 12 years earlier. Under the agreement, Brown and Massey owned national and international franchise rights, excluding England, Florida, Utah, and Montana, which Sanders had already apportioned. Sanders would also maintain ownership of the Canadian franchises. The company subsequently acquired the rights to operations in England, Canada, and Florida. As chairman and CEO, Massey trained Brown for the job; meanwhile, Harland Sanders enjoyed his less hectic role as roving ambassador. In Business Week, Massey remarked: "He's the greatest PR man I have ever known." Within three years, Brown and Massey had transformed the "loosely knit, one-man show ... into a smoothly run corporation with all the trappings of modern management," according to Business Week. Retail outlets reached all 50 states, plus Puerto Rico, Mexico, Japan, Jamaica, and the Bahamas. With 1,500 take-out stores and restaurants, Kentucky Fried Chicken ranked sixth in volume among food-service......

Words: 10809 - Pages: 44