...Police Agencies and Jurisdiction The development of police agencies was a necessary part of US history because of crime and the need to contain and eliminate as much of it as possible. Local, state, and federal agencies were created to protect and serve. Part of the process to assist in assigning authority is assigning jurisdiction; mapped out regions for the many precincts. Before the evolution of law enforcement in the 12th Century, an organized posse came to the rescue of victims. According to Schmalleger (2009), “all able-bodied men who could hear a victim’s cry for help were obligated to join the posse in a common effort to apprehend the offender.” A posse was a real-life version of neighborhood watch. In the 12th Century it was determined that offenders weren’t handled as well as those in charge want them to be so a more pure form of law enforcement was created and put into action. Laws, statutes, mandates, and many other guidelines and rules were put forth to follow and uphold. And it was made clear by the sheriff that punishment would befall anyone who disrespects them without good reason. To continue a personal level of protection needed as the population grew, local agencies were formed. In the 18th and 19th Century, Mayors were merely figureheads; the wards and neighborhoods held the true power of the land. Political leaders chose a certain precinct’s police officers. According to Uchida (2004), “each police officer had to establish his own...
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...dispute before the Kerala High Court and the Supreme Court of India. The judgments of both Kerala High Court and the Supreme Court of India in regard to the Enrica Lexie incident dealt with the legal aspects of coastal state jurisdiction and the sovereign immunity available to the Italian marines under international law and the national law extensively. The views of the Supreme court on the coastal state jurisdiction with regard to Enrica Lexie incident appears to be final, despite the Court having allowed the Italian marines to re- agitate the jurisdiction issue in the Special Court, which will try the crimes committed by the Italian marines from Enrica Lexie . The investigation of the Enrica Lexie incident is now destined to go to the Special Court once the investigation is completed and charges are laid. The legal aspects of other post judgment developments such as Italy’s initial refusal to send back the Italian marines for trial in India and the consequential order of the Supreme Court restraining the movement of the Italian Ambassador outside India are also dealt with. Obviously, an enquiry of this nature involves sifting judicial decisions on coastal State jurisdiction over crimes committed from a foreign vessel in an area beyond national jurisdiction in the light of UNCLOS, SUA Act and other relevant international conventions and national legislations. Italy has...
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...Id: arashdeepgurm@gmail.com Contact Number: 7508729986,9646020181 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Mohindra Kothi, Mall Road, Patiala - 147 001 (PUNJAB) | ABSTRACT In this essay I wish to discuss the various types of crimes that are emerging with special reference to developing countries like India By developing we mean where growth of Information Technology is rampant but still it has not reached its peak. Cyber crimes can take place across various jurisdictions and hence the legal issue of jurisdiction of International Courts and country specific Indian Courts arises. Throw light on the present system in India, how it is ineffective and also upon international treaties and legal solutions to deal with the same. I have suggested possible ways to tackle the problem taking into consideration the domestic laws in India. The inefficiency of legislature to enact a more user friendly law is also examined in detail. Turning back our focus on the main legal dilemma of Jurisdiction of Cyber Crime Courts we have suggested a model that would be successful in India taking into consideration its working in other countries. In my concluding remarks a problem solution approach is taking where we have addressed the issue and after due consideration the solution is suggested. If proposal taken and implemented with effectiveness it would lead to a better result and can be followed by other nations in solving the predicament regarding cyber crimes and criminals. ...
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...legislature. Precedent: a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts. 5. State decisis( two aspects: Decisions made by a higher court are binding on lower courts A court should not overturn its own precedents unless there is a strong reason to do so *Precendents may be dropped because of social or technological changes. *Brown vs. Board of Education: white and blacks did not have equal education opportunities. Separate educational facilities- conclusion 10. preemption: Congress chooses to act exclusively in a concurrent area. 11. federal forms of government: national government and states share sovereign power. *Police powers-fire and building codes, antidiscrimination laws, parking regulations, zoning regulations, licensing requirements 12. Article I, Section 8 of the U.S. Constitution permits Congress “to regulate Commerce with foreign Nations and among the several states, and with the Indian Tribes”. 13. To prevent states from establishing laws and regulations that would interfere with trade and commerce among the state, the Constitution expressly delegated to the...
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...* LEGL 200 * Course Outline Chapter 1: Introduction to the Legal System 1. The law consists of enforceable rules governing relationships among individuals and society. 2. The law serves several purposes. a. Protect individuals b. Protect society c. Protect property, and d. Protect objectives 3. How does the law achieve the aforementioned purposes? a. By establishing confidence in the enforcement of laws b. Providing a certain degree of predictability as to what will happen if the laws are violated 4. If any society is to survive, its citizens must be able to determine What is legally right and wrong and be able to determine what sanctions may be imposed on them if they commit wrongful acts 5. Why should you care about the law? a. The law affects virtually ALL business transactions and activities, including: i. Hiring and firing ii. Workplace safety iii. Manufacturing, distributing & marketing of products iv. Financing v. Accounting & ethics and vi. Many other areas as well 6. You are the owner of a company called Compudata – a computer software & systems company. You receive an inquiry from BMI, Inc. regarding your company’s various services. a. What are some of the legal issues you need to consider? i. How do we enter into a contract Contracts ...
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...Topic 1: The Legal System TABLE OF CONTENTS | | | |Introduction |1 | | | | |The Local Court |2 | | | | |The District Court |4 | | | | |The Supreme Court |6 | | | | |Alternative Dispute Resolutions |7 | | | ...
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...of any question within section 144 and an order under rule 60, 98, 99, 101, or 103 of Order XXI] but shall not include; (a) any adjudication form which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation. - A decree is preliminary when further proceedings have to be taken before the suit can be completely dispose of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final; (3) "Decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made: (4) "District" means the local limits of the jurisdiction of a principal civil Court of original jurisdiction (hereinafter called a "District Court"), and includes the local limits of the ordinary original civil jurisdiction of a High Court: (5) "Foreign Court"...
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...Court. Petitioners request this Court to grant Petitioners’ request for a permanent injunction of Rettick’s claim in the Tribal Court of the Taraconic Tribe. The Tribal Court of the Taraconic Tribe does not have adjudicatory jurisdiction over Rettick’s tort claim a gainst P etitioners because neither Floyd Industries, LLC, nor Sandra Floyd are members of the Taraconic Tribe, because the fact that the clai m arose on tribal land is non-dispositive for jurisdiction, and because Rettick’s claim did not meet any of the ex ceptions for the general rule of limited exercise of inherent tribal power. Rettick’s claim did not meet the exceptions because his claim presents a simple torts claim that neither threatens the self -government of the tribe nor suggests the claim is contractual in nature. Because it is clear that the tribal court lacks jurisdiction over the claim, Petitioners request this Court to exercise jurisdiction over this case without waiting for exhaustion of claims in the tribal court. Accordingly, Petitioners request this Court to grant Petitioners’s request for a permanent injunction of Rettick’s claim in the Tribal Court of the Taraconic Tribe. II. FACTUAL BACKGROUND Orin Rettick (“Rettick”), a member and the Chief of Police for the Taraconic Tribe, alleges that h e was injured by a handgun sold and delivered to him by Floyd Industries, LLC and Sandra Floyd (herein collectively referred to as...
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...Sovereignty After over 300 years of history, the question of Indian tribal sovereignty is still being debated and litigated daily. The question is, Who should exercise sovereign power over a wide range of governing activities — the tribes themselves, the states, the federal executive branch, Congress or the U.S. judicial system? Each legal entity has some claim to power, and the balance of authority between these powers has shifted over time. Because of this, tribes were forced to act under contradictory federal policies. * For some issues, tribes act as sovereign government entities similar to states within our federal system. * They act as special interest groups for other issues and at other times in their history. * Sometimes, they have to act as both simultaneously. Even those who have been dealing with the questions most directly admit they don't necessarily understand sovereignty. In Spiral of Fire, the former Principal Chief of the Eastern Band of the Cherokee Nation, Joyce Duggan, says, "Many people still have a hard time today understanding sovereignty. What does this sovereignty of Indian nations mean? I have a hard time with it too because we're not sovereign in this nation. If we were sovereign in this nation we would not have to depend on federal government dollars. We would not have to go to the state for gaming approvals. We would be able to live independently in our own nation, which is what we were doing in 1838 at the time of the removal...
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...that does not want to buy and set up this hitch has the option to drive around Confusion. Tanya the owner of the trucking company is unhappy about the new law that has been passed. Her trucks pass through Confusion many times, and one of her main beliefs is that this new hitch will become a very high addition to her company budget. Tanya has the alternative of driving around Confusion but the distance of travel is longer, would waste time and more expensive in gas. Tanya does not agree with this law and decides to file a lawsuit against the state of Confusion because the lawsuit is against a state law it will be held in a Federal District Court. In the U.S. Constitution under Article III, Section two states that the federal court has jurisdiction over civil cases between citizens of different states (U.S. Const., article. III, s 2). At hand are many types of information that gives good and positive facts that could help both sides. I believe that the state of Confusion is wrong by enforcing the new law. The information that was provided by Tanya Trucker and the State of Confusion does not provide complete information. It does not say why the state passed the hitch law; there are some aspects that could protect the statute...
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...| THE CIVIL COURTS ACT, 1887 (ACT NO. XII OF 1887). [11th March 1887] 1 An Act to consolidate and amend the law relating to Civil Courts in Bangladesh. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bangladesh; It is hereby enacted as follows:- CHAPTER I PRELIMINARY Title, extent and commencement 1. (1) This Act may be called the 2[ * * *] Civil Courts Act. (2) It extends to Bangladesh except such portions 3[ thereof] as for the time being are not subject to the ordinary civil jurisdiction of the High Court Division 4[ * * *]; and (3) It shall come into force on the first day of July, 1887. [Repealed] 2. (1) 5[ Repealed by the Amendment Act, 1891 (Act No. XII of 1891)]. (2) [Omitted by the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973), section 3 and 2nd Schedule.] (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, [or East Bengal Civil Court Act] or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. CHAPTER II CONSTITUTION OF CIVIL COURTS Classes of Civil Courts 6[ 3. There shall be following classes of Civil Courts, namely:- (a) the Court of the District Judge; (b) the Court of the Additional District Judge; (c) the Court of the Joint District Judge; (d) the Court of the Senior Assistant Judge; and (e) the Court of the Assistant...
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...Vivendi Universal January 24th 2011 1) What is a class action? Does this kind of procedure exist in French Law? Why? Class action = a legal procedure which allows a group of persons (at least 100 persons) who suffered a damage resulting from a same act to act within a common procedure. In the US Lax, there are 5 steps for a class action lawsuit: 1) The summons and complaints 2) The class action certification 3) The notification to the public 4) The litigation phase 5) Settlement possible at any step! There are five criteria for a CA lawsuit to be certified * Numerosity * Commonality – common facts, common legal issue: there exist legal issues as well as facts that are common to the class members and therefore bind them together * Typicality: the claims of the CA-lead plaintiffs are representative of those of the class members * Adequacy: the lead plaintiffs should defend… * Superiority of the CA process * Separate actions would create a risk of inconsistent decisions * The class action procedure is superior to all other methods in order to resolve the issue in a fair and efficient manner Why not in France? Opt in system: you are not automatically in the class, you have to opt in A very controversial issue: * Some argue it could be favorable to defend the interest of citizens / consumers * Others worry about is impact on economic activities US Opt out mechanism: an issu within the French procedural...
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...emotional distress. The National Enquirer is a nationwide magazine, which is known as a tabloid or newspaper that often prints inaccurate news or stories about other people. The magazine is reckless and takes no interest in how their dishonesty affects the people behind the articles. As an entertainer, Shirley Jones resides, and works in her hometown California. The National Enquirer made the decision to publish an article about Shirley Jones containing unsupported material about the actress being an alcoholic. Even though the article was written, edited, and published in Florida, Shirley Jones filed a lawsuit in California. The National Enquirer attempted to challenge the case because they stated the court did not have personal jurisdiction over them because they were based in the state of Florida. Based on this information alone, the National Enquirer is unethical to attempt to move the suit based on residency. The National Enquirer is acting unethically because it is not taking responsibility for allegedly claiming that Shirley Jones is an alcoholic and while...
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...A WORLD WITHOUT BORDERS Globalisation can be defined as the process in which the connectivity and interdependence between markets and businesses increases. It means that as economies become more interconnected, more opportunities arise. This process has been questioning the idea of national boundaries. Should there be boundaries between countries? Are they necessary? Boundaries have certain functions such as demarcating the territorial limits of a state’s jurisdiction and authority, the regulation of movement of people, capital, commodities and information between state territories and the assignation of an identity and citizenship. Are these functions being replaced by globalisation and business movements? The end of boundaries is not nigh. Firstly, one of the main functions of boundaries or national borders is, as said, the demarcation of the territorial limits of a state’s jurisdiction and authority. A state is sovereign by right. Borders are powerful symbols of the state’s power. It means that the government has the legitimate right to exercise coercion. When it comes to globalisation differences arise such as the meaning of sovereign to nations inside different territories. It is usually seen by national institutions with different points of view as to what sovereign means and depending of what constraints they might have. Boundaries cannot be erased to create a global community when there is no agreement about who is sovereign, where and how. Businesses would certainly...
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...Business Ethics Case Kristin Smith BUS/415 February 27, 2012 Business Ethics Case The National Enquirer is a tabloid newspaper known for its gossip about celebrities, scandals, and other Hollywood drama. The difference between the National Enquirer and newspapers is that the National Enquirer is mostly based on rumors and famous scandals. Newspapers are more responsible journalism that tells the facts. Sold in almost every grocery store, gas station, and local convenience store, the National Enquirer has been around since the 1920s based in Florida. In the earlier days, the National Enquirer was famous for fabricating weird and unbelievable stories to gain sales. Such stories may have included 'My Baby has Three Eyes' or 'I had King Kong's Baby.' Today, the National Enquirer mostly reports on the latest celebrity gossip. Recently, the National Enquirer received bad publicity because of the picture of deceased singer Whitney Houston posted on the front page in her casket. According to the case Calder vs. Jones, the National Enquirer published a story about Shirley Jones that had a devastating impact on her life in California. Due to most of the National Enquirer's circulation existing in California, it was unethical for the National Enquirer to avoid suit in California. Just because the reporter and the editor who wrote and edited the story reside in Florida, the emotional damages were done to her in California. The defamation and invasion of her privacy...
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