The actuality of the case of State v. Stewart consist of a variety of mental, physical and emotional abuse in which Peggy Stewart had been “pushed” in her own mind to kill her husband to escape from his toxic and cruel behavior. As a result, the facts of the case are a wide variety that contributed to Peggy’s “imminent danger” state of mind when deciding whether her actions were truly self-defense. These include the abuse at hand, physiological trauma that Peggy experienced, and professional opinions about Peggy’s actions. An important factor of the case is Peggy Stewart’s significant abuse by her husband, Mike. Additionally, Mike’s abuse was not only to Peggy; but also to her daughter, Carla.…
I too think that having a gun on school grounds is a serious crime. In the case of United Sates v. Lopez it should have only been up to the state to punish him, but that wasn't the case. Lopez's crime should not have been punishable under the Commerce Crime and that was exactly what the ruling upheld. The Commerce Crime had nothing to do with the Gun Free School Zone Act and therefore it was unconstitutional. Great discussion.…
Since my decision that Indiana would join the multi-state legal challenge to the new federal health care law, many Hoosiers have called or e-mailed my office with questions. Let me now explain why Indiana had to join the challenge. Since my decision that Indiana would join the multi-state legal challenge to the new federal health care law, many Hoosiers have called or e-mailed my office with questions. Let me now explain why Indiana had to join the challenge.…
There are three important considerations the appropriate courts have in this lawsuit against Novelty Now, Funny Face and Chris, Matt, and Ian: Personal jurisdiction is, the court can exercise judicial power and can sue the defendant. In the case of, Mr. Margolin filed a lawsuit in New York against Novelty Now and Chris, Matt and Ian. The personal jurisdiction can be waived for Chris, Matt and Ian that live in California and has a contract with Novelty Now located in Florida. Being that Chris, Matt and Ian sell their product from the internet website, they wouldn’t meet the criteria for personal jurisdiction nor would Novelty Now. When Long-arm jurisdiction is exercise jurisdiction over a state, the defendants, whether on a statutory basis…
The United States adopted the English Common Law and court structure in the early day there were quarter sessions courts and surrogate courts. America was a frontier country, and each colony adapted differently. This all changed during the Constitutional Convention the decision was the separate the federal court and the state court known as the dual court system. Even in today’s society, we are under that same dual court system. A parallel system of criminal justice was formed with this.…
Discuss the dual court system in the United States, and the structure of the federal court system, and your home state court system. The structure of the American court system has been viewed as complex and confusing as federal and state courts differ in jurisdiction, and types of cases that can be handled at the many different levels. The Supreme Court is the ultimate decision maker in cases that has been appealed regarding decisions made at the lower level of federal and state Supreme Courts. The dual court system operates within the boundaries of the state and federal court systems.…
27. The Plaintiff 's actions are detrimental to the Defendant 's daughter due to the fact that the Plaintiff is teaching her daughter like she has taught her son that the laws of the government can be ignored along with valid Court orders. 28. Both the Defendant’s children’s records demonstrate the detrimental harm that the Plaintiff has continuously brought to the Defendant’s children in her efforts to alienate them from their father. Additionally, as noted, the Defendant’s son who has not had visitation with him for several years now has a criminal record and has demonstrated a total disregard for the law and for law enforcement officers.…
The type of court structure we have in the United States is a dual court system. This means that every state has its own judicial system, that’s separate from the federal system, which is the same for every state. The state court includes trial courts of Limited Jurisdiction, Trial Court of General Jurisdiction, Intermediate Courts of Appeals, and the Appellate Court for a last resort. The Federal Court System includes District COurts, Circuit Courts of Appeals, and the Supreme COurt of the United States.…
The United States Constitution affords defendants the right to a trial by an impartial jury through the Sixth Amendment (Hall, 2015). The selection of the jury is a precursor stage for all jury trials, in this stage, the counsel for the defense as well as the counsel for the prosecution have the right to request the dismissal of a potential juror commonly referred to as voir dire. In the instance where there is a specific reason, a potential juror is to be dismissed it is called a challenge for cause. Conversely, in the instance where a there is no supported reason an attorney may use what is called a peremptory challenge to dismiss a potential juror. The main difference in the two challenges is the reasoning.…
FEDERALISM versus STATES ' RIGHTS These passages present a discussion about arguments concerning federalism and states ' rights. This is an important debate for U.S. citizens since this directly affects our way of life. The two positions argue whether or not the idea of states ' rights is relevant today. Both viewpoints have valid claims warranting consideration; for example, evidence indicates that states should have the right to decide certain issues for themselves.…
The appellate jurisdiction which reviews the cases for errors of the law and then there’s general jurisdiction that has the authority to hear any types of cases. The special jurisdiction courts have the authority to hear only specific types of cases. Personal jurisdiction is the authority of the courts over the parties of a lawsuit and subject matter jurisdiction is the courts power to hear a particular type of case (Bohm, R. & Haley, K., 2013). The federal court system includes the Supreme Court, the federal court of appeals, and the federal district courts.…
The meaning of jurdiscation is the right to exercise its authority over a person, subject matter, or territory. The two types of juridcation is personal jurdiction and subject matter. urisdiction is the legal right of a court to order o put them on trial, to punish criminals, or imprison them. state court systems are divided into divisions such as criminal, civil law, family, and probate. When they do not fit in those divison then they are in lack subject-matter jurisdiction.…
Writing Assignment 3 2.1 Standing to Sue Facts: An Idaho couple, Jack and Maggie Turton, purchased a house in Jefferson County directly across from a gravel pit. Years later the county converted the pit into a landfill that collected environmentally harmful trash including: major appliances, animal carcasses, containers with hazardous content, leaking car batteries, and waste oil. The couple complained to the county but the county refused to act.…
State v. Fields In the case of State v. Fields, Fields has been convicted of violating the law of the Stolen Valor Act, signed in 2006. He has lied of his military service and receiving the award of Purple Heart medal. Which is awarded to those that either died or wounded during their service to our Great Nation. He wore it as he spoke in the public safety meeting, so that he may receive authority over the public safety meeting.…
Case: Katzenbach v. Grant 2005 U.S. Dist. LEXIS 46756 *; 2005 WL 1378976 Facts: The Plaintiffs, Katzenbach and Osuna filed a lawsuit against Defendant Grant over a film and book rights. Grant owns a website called “thenightexposed” (www.thenightexposed.net). The Plaintiffs claim that Grant caused problems with negotiations with Sony Pictures and the USA Network. Plaintiff further claims that Grant sent a letter calling Osuna book a fake and made other defamatory articulations about the Plaintiffs on his website.…