...Law and Politics 9/2/15 Office hours 10-11 Monday and Wednesday Hickman 411 What is law- set of rules made by government and enforced by government 4 Institutions that make Laws 1. Legislative Bodies (Ex. Congress, State Legislators, City council) Statutory Law 2. Courts/Judges- Set precedent by ruling: Common Law 3. Executive Branch: bureaucracy/administrative agency Administrative Law 4. Constitutional Law 9/4/15 Constitutional law-makes rules for govt Has gone largely unchanged Blueprint Creates and limits govt Fundamental law that sets up rules for how other kinds of laws can be made What isn’t in the Constitution? Democracy Separation of church and state Right to privacy Right to education One-person one vote Political parties God Articles of Confederation -1777 Loose association States retain sovereignty One house Congress Every state one vote Needed 9 to pass Couldn’t tax Problems Congress little power No taxes State sovereignty Own paper money States could sign foreign treaties No natl army No executive No national courts Shays Rebellion Final spark for constitutional convention Constitutional Convention Philly 1787 Signed in Sept 39 out of 55 delegates Undemocratic Elements Slavery: 3/5ths compromise, no ban on slave trade till 1808 Fugitive Slave clause article IV, fed govt helps slates put down insurrections Senators chosen by state legislators No right to suffrage. Qualifications left...
Words: 3907 - Pages: 16
...BECOMING A JUSTICE JUDGE BY ROB BRIGHTON CRIMINAL JUSTICE 1010 DECEMBER 2, 2011 ! I have been working in the Criminal Justice field for over four years as a Police Officer. I have experienced many things and am always looking to better myself in education and training. I hope to build on the background that I have now and pursue a Bachelors degree and eventually a Law degree so that I can become a Justice of the Peace or Judge. This paper is about an interview with a local magistrate, Judge Keith L. Stoney of Utahʼs 3rd District for Salt Lake County Judicial, West Valley City and Saratoga Springs Justice Courts. The time, the education, the benefits and the sometimes lengthy process of what it takes to sit on the “Bench” are all covered in the following paragraphs. JOB TITLE ! The official title of the position that Judge Stoney holds is as follows: Honorable Judge Keith L. Stoney Utahʼs 3rd District for Salt Lake County Judicial, West Valley City Justice Judge. Judge Stoney also works as Saratoga Springs Justice Judge. To break this down let me try to explain in brief how Utahʼs court system is organized. At the top you have Utahʼs two appellate courts, the Supreme Court and the Court of Appeals. Next are the trial courts which include District, Justice and Juvenile Courts. There are also two administrative bodies, the Judicial of Council and the Administrative Office of the Court. Basically the policy making body of the courts. The state of Utah is divided into 8 judicial...
Words: 1965 - Pages: 8
...GOVERNMENT OF INDIA LAW COMMISSION OF INDIA L. Chandra Kumar be revisited by Larger Bench of Supreme Court Report No. 215 December 2008 LAW COMMISSION OF INDIA (REPORT NO. 215) L. Chandra Kumar be revisited by Larger Bench of Supreme Court Presented to Dr H. R. Bhardwaj, Union Minister for Law and Justice, Ministry of Law and Justice, Government of India by Dr Justice AR. Lakshmanan, Chairman, Law Commission of India, on 17th day of December, 2008. 2 The 18th Law Commission was constituted for a period of three years from 1st September, 2006 by Order No. A.45012/1/2006-Admn.III (LA) dated the 16th October, 2006, issued by the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi. The Law Commission consists of the Chairman, the Member-Secretary, one full-time Member and seven part-time Members. Chairman Hon’ble Dr Justice AR. Lakshmanan Member-Secretary Dr Brahm A. Agrawal Full-time Member Prof. Dr Tahir Mahmood Part-time Members Dr (Mrs) Devinder Kumari Raheja Dr K. N. Chandrasekharan Pillai Prof. (Mrs) Lakshmi Jambholkar Smt. Kirti Singh Shri Justice I. Venkatanarayana Shri O.P. Sharma Dr (Mrs) Shyamlha Pappu 3 The Law Commission is located in ILI Building, 2nd Floor, Bhagwan Das Road, New Delhi-110 001 Law Commission Staff Member-Secretary Dr Brahm A. Agrawal Research Staff Shri Sushil Kumar : Joint Secretary & Law Officer Ms. Pawan Sharma : Additional Law Officer Shri J. T. Sulaxan Rao : Additional Law Officer Shri A. K. Upadhyay...
Words: 15977 - Pages: 64
...Constitution From Wikipedia, the free encyclopedia For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117...
Words: 16003 - Pages: 65
...that Carl Vitello, the man he was with at the time, was the one that should be at fault. Poncelet seems very convincing that it wasn’t him, but at the end, the courts had enough evidence to grant Poncelet the retribution of execution. The movie has me questioning America’s justice system; what if someone was actually innocent? Is it right to kill someone as a consequence for their wrong doing? To some, it seems like the right thing to do. If someone breaks the rules you simply punish them. But how should we carry out these punishments? When eight-year-old Billy steals a candy bar from Seven Eleven, you can bet that one of the parents will deliver some whippings. In Texas, when I was in elementary school, I started a fight, and as a result I got sent to the principal’s office and received three licks with a paddle. So where do we draw the line? At a higher level, what happens to me if I kill someone? Since the beginning of time, societies in almost every culture and background have used capital punishment or physical chastisement as a consequence for the killing of others. But, we shouldn’t be doing this anymore; life is too valuable. Even though some people have made mistakes in their lives, its time for the United States to free the judicial systems from their power to take peoples life’s as a consequence for people taking the life of another. In 1972, with the Furman v. Georgia case, the Supreme Court recognized that capital punishment was indeed a roll of the dice,...
Words: 3008 - Pages: 13
...Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for...
Words: 3668 - Pages: 15
...Abortion is the termination of pregnancy before birth, resulting in, or accompanied by the death of the fetus. ("Abortion," Encarta 98). In 1973, the U.S. Supreme Court decision, Roe v. Wade, dramatically changed the legal landscape of American abortion law. The result of the ruling required abortion to be legal for any woman; regardless of her age and for any reason during the first seven months of pregnancy, and for almost any reason after that. ("Status of Abortion in America"). In the Roe v. Wade case, Roe (Norma McCorvey), had claimed she was gang raped and attempted to have an abortion in Texas. ("Roe and Doe"). After hearing the case, the Supreme Court ruled that an American’s right to privacy included the right of a woman whether or not to have children, and the right of a woman and her doctor to make that decision without state interference, at least in the first trimester of pregnancy. ("Celebrating 25 Years of Reproductive Choice"). The moral issue of abortion—whether or not it is murder—has been debated since it was legalized in 1973. Roe v. Wade has been one of the most controversial Supreme Court decisions of the 20th century. ("Roe No More"). More than two decades since the Supreme Court first upheld a woman’s right to abortion, the debate over the morality and legality of induced abortion continues in the United States. ("Abortion," Encarta 98). Abortion is one of the most divisive and emotional issues facing United States policy makers today. ("Economics of Abortion")...
Words: 3477 - Pages: 14
...CHAPTER III LEGAL AID A CONSTITUTIONAL MANDATE CHAPTER III LEGAL AID A CONSTITUTIONAL MANDATE 3.1 INTRODUCTION The constitution of India has defined and declared the common goal for its citizens as “to secure to all the citizens of India, justice – Social, Economic and Political”. The eternal value of the constitutionalism is the rule of law which has three facets i.e. rule by law, role under law and rule according to law. Under our constitution, it is the primary responsibility of the state to maintain law and order so that the citizens can enjoy peace and security. The preamble speaks of justice, social economic and political and of equality of status and opportunity. It points out that protecting the interest of the poorer section of the society is the constitutional goal. So this very idea of protecting poor people cannot be promoted without the effective, efficient functions of the legal aid programmes and legal literacy programme. The study relates to the Legal Aid provisions in Constitution and in the code of civil and criminal procedures. 3.1.1 Legal Aid Relevant Constitutional Provisions : Preambular Aspirations and Legal Aid The preamble79 to the Constitution summarises the aims and objectives of the Constitution. It is a legitimate aid in the interpretation of the constitution. It put 79 The Preamble of the Constitution of India declares, WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR DEMOCRATIC, REPUBLIC...
Words: 21859 - Pages: 88
...Contents Introductory Note Court: Definition Functions of Court Environment Court • Definition • Constitution: • Purpose Power and functions of the Environment Court Practical Scenario of the Environment Court Legal loopholes and deficiencies of the Environment Court Act, 2000 Environment related court in other countries of Indian subcontinent: A comparative study • India: The National Environment Tribunal • Pakistan: The Environment Tribunal • Comparative study Recommendations Conclusion Introductory Note Environmental Law is a source and foundation of orderly response to Global and National environmental problems. International Environmental Law is the principal means by which community of nations builds and expresses international consensus on environment and development challenges. National Environmental Law is the most effective instrument for translating environment and development policies into action. Judiciary is a key mechanism for ensuring legal effectiveness of environmental law. A judiciary well informed of the rapidly expanding environmental law, can play a critical role: in interpretation, development and enforcement of environmental law, enforcing environmental rights, public access to judicial procedures, exchange of judgments, sharing information on environmental law, policy and environmental jurisprudence. The purpose of this assignment is to focus on the function of the Environment Courts of Bangladesh established under...
Words: 6596 - Pages: 27
...most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault charges, and was then tried in federal court for violating the defendant’s civil rights. Before he was acquitted of those charges, he acknowledged that his behavior was “bizarre and weird,” and that he had reacted poorly in an emotionally charged situation. While this incident is isolated, it shows that judges are sometimes far from the ideals to which the public holds them. We will return...
Words: 21662 - Pages: 87
...Guam Unified Court System Research Paper for Judicial Process Instructor: Doctor Elberg By Donna Halbrook Guam Unified Court System The Judiciary of Guam is pleased to join the United States of America as the fifty-first state. The newest chapter of our judiciary journey begins with some major objectives in mind. One of these objectives is to increase access to justice for every member of our community. Another major objective is to ensure the Judiciary serves as a model of good governance. We will promote accountability, performance, and transparency (Torres 2010). The new court will be a unified court system, very serving and strong at the foundation levels where we meet the people at. We will start at the foundation and build to the highest court, the State Supreme Court of Guam. Supreme Court Court of Appeals [Problem Solving Courts] Foundation Courts Foundation Courts: Problem Solving Courts | Village Court | Trial Court | Family Court | Village Courts The Village Courts will play a vital role in the Guam State Unified Court System. These courts have broad jurisdiction and they hear both civil and criminal matters (New York State Office of Court Administration 1996-2011). In Guam, this will be for the smaller but very numerous legal affairs of our citizens. There will be a Village Court associated with each of the four police precincts, thus embracing the entire population of Guam. The offices and chambers for these courts will be in close...
Words: 5605 - Pages: 23
...The Supreme Court Annual Report and Accounts 2012–2013 The Supreme Court Annual Report and Accounts 2012–2013 Annual Report presented to Parliament pursuant to Section 54(1) of the Constitutional Reform Act 2005. Accounts presented to the House of Commons pursuant to Section 6(4) of the Government Resources and Accounts Act 2000. Accounts presented to the House of Lords by Command of Her Majesty. Ordered by the House of Commons to be printed on 20 May 2013. HC 3 London: The Stationery Office £21.25 © Crown Copyright 2013 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit: www.nationalarchives.gov.uk/ doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to us at: enquiries@supremecourt.gsi.gov.uk You can download this publication from www.supremecourt.gov.uk ISBN: 9780102983234 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2557463 05/13 Printed on paper containing 75% recycled fibre content minimum. The Supreme Court Annual Report and Accounts 2012–2013 4 Contents one FOREWORD AND INTRODUCTION SETTING DIRECTION: OUR OBJECTIVES AND OPERATING CONTEXT ...
Words: 33717 - Pages: 135
...called equal rights), which refer to rights that members of various groups (racial, ethnic, sexual, and so on) have to equal treatment by government under the law and equal access to society’s opportunities. 3. What were the Alien and Sedition Acts and were editors if newspapers actually jailed? 74 - Alien Act, which authorized the president to deport from the United States all aliens suspected of “treasonable or secret” inclinations; the Alien Enemies Act, which allowed the president during wartime to arrest aliens subject to an enemy power; and the Sedition Act, which criminalized the publication of materials that brought the U.S. government into “disrepute.” Yes 4. What is the Patriot Act and what is “Gitmo”? How did Obama alter US policy? 75 - USA Patriot Act, authorizing President Bush to take numerous steps to prosecute the war, including giving the federal government broad new powers to detain suspects without hearings at the Guantanamo Military Base in Cuba and elsewhere. Guantanamo Military Base. Obama did halt the...
Words: 10537 - Pages: 43
...corporate personhood. Corporate personhood is the term, used to describe corporation’s rights and protections under the Constitution and Bill of Rights ( Encyclopedia of emancipation and abolition, 2011). Corporate personhood recognizes that by law, corporations are entity’s that have the rights to have a name, sue and be sued in court, be a party to contracts, have property ( Encyclopedia of emancipation and abolition, 2011) and participate in the political process without regulation. Thus, corporations are deemed a person under the law, just as individual people. It is common knowledge that the more wealth a person has, the more power they also hold. Corporate personhood takes power away from the people and gives it to buildings and ideas also known as corporations. While corporations bring muchneeded capitol to the United States as a whole, as well to individual states, granting them rights as individuals has rendered them untouchable. Ultimate power by few to control many is not democracy, which is what this nation should be founded upon. Unless the concept of corporate personhood is ratified, democracy will die, along with the American way of life. The first documented case of a corporation challenging the state under the Bill of Rights was Dartmouth College vs. Woodward. In 1769, King George III granted a charter granting...
Words: 2355 - Pages: 10
...give in to the whims of the current administration. “One thing is certain, the archbishop will talk as needed. He will not keep quiet,” Archbishop Emeritus Oscar Cruz told the Inquirer over the phone on Sunday. “This man is intelligent and courageous. He will exercise his [pastoral duties] and will put into action his qualifications.” Cruz said. Cruz cited a pronouncement that Villegas made amid the debate on the RH bill last year, which he noted “had angered the Palace.” “My dear youth, contraception is corruption. The use of government money, taxpayers’ money to give out contraceptive pills is corruption. Contraceptive pills teach us it is all right to have sex with someone provided you are safe from babies,” Villegas said then. Villegas’ statement denouncing President Aquino for supporting the RH measure was proof that he would continue to lead the Church in fighting other measures that would compromise Catholic values, Cruz said. “This means that he will speak when needed. He will speak his mind according to Church teachings,” he said. “I know what I am...
Words: 4486 - Pages: 18
