avoid the jury. ii. Admiralty cases can’t be removed from state to federal courts. a. but most admiralty cases can be brought in state courts unless qualify under diversity. b. But federal admiralty law will be applied. iii. Jurisdiction arises under: a. 28 USC 1331: federal question b. 28 USC 1332: diversity c. 28 USC 1333: admiralty & maritime. iv. BUT, Congress didn’t choose to enact substantive law in the statutes – left to courts. v. Courts mainly address three
the 14th Amendment"1 The clause reads as follows:"...No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor without due process of the law; nor deny to any person within its jurisdiction the equal protection of the laws."2 The court ruled that race could not be a factor in admissions. However, they did not force the admittance of Bakke because the court could not know if he would have been admitted if the special admissions program
1. The difference between substantive law and procedural law is that substantive procedures actually create the legal rights of individuals and states. Procedural law instead is due process and enforces the laws created through carrying out the established rules. Remedies in civil lawsuits are damages and these include compensatory and punitive damages. Compensatory means actual payment of fines such as medical bills to injured party, whereas punitive is rarely carried out and more of a warning
The definite legal meaning of fraud varies from legal jurisdiction to legal jurisdiction. However, fraud typically defines itself in law as an intentional misrepresentation of material existing fact made by one party to another, but with knowledge of its falsity resulting to injury and/or damage of the other party who relies upon it. Purposely failing to state material facts – also known as nondisclosure – makes statements already said misleading to the other party. Fraud is as a crime, as well
without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. - Amendment XIV, section one The U.S. Constitution is clear, the privileges and immunities will not be decreased, and states can not deny any person in its jurisdiction equality. Affirmative action lessens the immunities of white men; they are no longer guaranteed an "equal opportunity employer." White men who are in the jurisdiction of the United States are denied equality. This is proved
injury the mortality rate increases exponentially every fifteen to twenty minutes. The state of emergency medical care currently practiced in this community involves an excellent pre-hospital phase under the jurisdiction of Los Angeles City paramedics. The paramedics have jurisdiction of about thirty-five emergency rooms to which their patients can be transferred after beginning medical treatment at the scene of the accident. This is where the problem occurs. To provide the best possible emergency
be illustrated, with a primary focus on circumstances creating a reasonable doubt. To better understand this concept one should apply the conditions of this case in a modern setting. If Orestes were called forward, on the same charges under the jurisdiction of a United States court of law, would he have been acquitted? Furthermore, would similar circumstances be sufficient to create a reasonable doubt? By my estimation, I would suggest so. It is easy to assume that democratic legal standards (standards
recreational facilities, adjustment centers, or custodial institutions. (3). While he does not deny that our nation is currently wrestling with a dreary array of social ailments, he does argue that the answer to such problems can or should lie within the jurisdiction of our schools. In discussing education’s mission to provide useful knowledge, Ebel defines what he means by the word knowledge: "It is an integrated structure of relationships among concepts and propositions" (5). Knowledge, the way Ebel describes
enough. They must show how they want the court to rule, and how that ruling will correct the injustice. Im the case of Lujan v. Defenders of wildlife the Supreme Court define redressibility requirements. They stated that the party invoking federal jurisdiction must establish and measure up to each of these three requirements. The obsticles to abtaining standing don’t end here. The prohibition of third party standing asserts that third parties, with an interest in a cases outcome, may not file on behalf
Immunity from Sate Jurisdiction International law specifies that 'the jurisdiction of a state within its territory is complete and absolute'[1]. However, it is identified that certain categories of persons and bodies acting in the public interest are entitled to immunities and privileges from the exercise of the State jurisdiction. In April 1984 WPC Fletcher, a British policewoman was killed, as a result of shots being fired from the Libyan Bureau. The incident created great anger and
Jurisdiction in the Global Internet Age E-Jurisdiction (or the lack thereof)… At the beginning of a new century, the Internet Revolution is upon us. At the turn of the last century, when the Revolution was Industrial instead of Virtual, the courts and legislatures struggled to enact policies to keep pace with the changing times and technologies. Laws governing labor practices, trade practices, anti-trust regulations, and even intellectual property all developed in reaction to the surges of
The Shift in Abortion Policy in the 1800s "In 1800 no jurisdiction in the United Sates had enacted any statutes whatsoever on the subject of abortion... Yet by 1900 virtually every jurisdiction in the United States had laws upon its books that proscribed the practice sharply and declared most abortions to be criminal offenses" (Mohr p. VII). Societal Changes from the Early 1800s to the Mid 1800s During the early 1800s, abortion at the beginning of a pregnancy was neither immoral nor criminal
"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."-14th Amendment. Both of these basically
percent of inmates on death row are Black, Hispanic or from another minority group (Eddlem, 2002). Yet another reason for abolishing capital punishment is that the death penalty is often applied at random. “Politics, quality of legal counsel and the jurisdiction where a crime is committed are more... ... middle of paper ... ... it achieves justice. In my opinion, people who commit heinous crimes against humanity should be executed. Regardless of cost or how long it takes I believe that putting these
Genocide, War Crimes, Crimes against Humanity and the Crime of Aggression. The aim of the Statute as a great compromise between really different states of the world with different interests was to establish a legitimate international organ of criminal jurisdiction to combat massive international crimes. The ultimate goal of the Court is to establish justice and anything distracting the Court and interrupts its function should be dealt with judicial treatment to protect the mission of the Court. In order
action in regards of IGRA violations have had little success. Conflicts between Indian casino and patron over gaming issues fall under jurisdiction of the tribe in exercise of tribal sovereignty. The Indian Gaming Regulatory Act requires compacts between the tribes and states to govern the conduct of Indian casino gaming, and those compacts allocate jurisdiction between tribe and state. The Act authorized tribes to bring an action in federal court against states. Tribe could enforce the states to
1. Who were the parties to the lawsuit? How were they related? The parties in this lawsuit were: Artemio Rivera, Albert Karwowski, (plaintiffs) and Trump Plaza Hotel & Casino, A New Jersey Corporation (defendant) (RIVERA V. TRUMP PLAZA HOTEL CASINO). Both plaintiffs, Artemio and Albert were employees of Trump Plaza Hotel & Casino. RIVERA v. TRUMP PLAZA HOTEL CASINO, 305 N.J. Super. 596, 599 (N.J. Super. App. Div. 1997) 2. What was the nature of the issue in the suit? Both plaintiffs have been
small public accounting firms. They are well-respected strategic business advisors and decision-makers. They act as consultants on many issues, including taxes and accounting. To become a CPA you need to meet the requirements of the state or jurisdiction in which you wish to practice. These requirements, which vary from state to state, are established by law and administered by the state boards of accountancy. To qualify for certification, you must: Complete a program of study in accounting
Cybercrime The article “What makes cybercrime laws so difficult to enforce” discusses the various difficulties encountered by authority powers attempting to track down criminals that use the internet to carry out immoral actions. Shinder (2011) highlights the naivety of legislators and their inability to foresee what the increased availability of internet access would mean for policing agencies. Unfamiliar and therefore unopposed forms of crime were developed much more rapidly than could be anticipated
Introduction The establishment of International Criminal Tribunals greatly impacts both monist and dualist states reshaping their national law. The affect on national law directly affects the behavior of states. This new and evolving legal dynamics substantially alters the landscape of international relations and it is of vital importance that its impact is inspected. The fact that nationals and non-state actors are becoming agents in shaping international legal process touches upon very nature of