The Legal Opinion Of The Judicial Court System Essay

The Legal Opinion Of The Judicial Court System Essay

Length: 1389 words (4 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

At what level of the judicial court system did this legal opinion occur? The United States Court of Appeals Fourth Circuit (Reynolds, 2004; Simkins, et al., 1962). What was the opinion of the lower court that was finally overturned in Simkins? In a 3-2 decision, the Fourth Circuit overturned the district ruling, looking to whether the hospitals and the government were so disheveled by funding and law (Martin, 2015; Reynolds, 2004; Rossman & Allen, 1964). The Court discovered the provision for segregated, “separate but equal” facilities to be unauthorized, and struck down that percentage of the Hill-Burton Act. A disapproval, authored by the Judge Haynsworth and joined by Judge Boreman, opposed that the hospitals’ operations involved no “state action”, noting the history of the hospitals had preceded the creation of Hill-Burton (Reynolds, 2004; Rossman & Allen, 1964; Simkins vs. Moses H. Cone Mem. Hosp. 323 F.2d 959 (4th Cir. 1963); United States Court of Appeals Fourth Circuit, 1963). Explain at least one the federal laws that was highlighted in Simkins vs. Moses H. Cone. “Regulation 53.112 of the Public Health Service Regulations, issued pursuant thereto, are unconstitutional and void as violation of the Fifth and Fourteenth Amendments to the U.S. Constitution for the reason that said provisions provide for the construction of hospital facilities, and the promotion of hospital services, on a racially segregated basis” (Reynolds, 2004; Simkins, et al., 1962; Simkins vs. Moses H. Cone Mem. Hosp. 323 F.2d 959 (4th Cir. 1963); United States Court of Appeals Fourth Circuit, 2015).
How did the federal law play a role in deciding th...


... middle of paper ...


...mizing organizational losses, increasing income and asset value, and reducing doubt in all areas of the enterprise (Bromiley et al., 2015; Engle, 2009; Riggin, 2002; RiskPro, 2015; Schneier & Miccolis, 1998). Nevertheless, it is the unique and highly profitable organizations that manages risk across the entire enterprise (RiskPro, 2015). Give one example of each and how to negate the risk. For each of the risks identified (traditional RM and ERM) a response is determined by the business leaders in consultation with the applicable risk management functions. The status posing the risk may be circumvented, putative, abridged, reassigned, depending on the evidence and circumstances. A precise response is determined based on the general risk exposure coupled with our overall risk tolerance (Johnson & Johnson, 2013).

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Legal System Of The Court System Essay

- Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system....   [tags: Supreme Court of the United States, Law, Judge]

Better Essays
1988 words (5.7 pages)

Essay on The Court And The Judicial System

- Courthouse paper. I observed a courthouse on February eleven, two thousand and sixteen at two fourth five pm. The name of the judge that I observed is Hon Theresa MNEO, she was hearing civil law case. The judge was basically hearing case of people that have committed crimes like getting tickets, Trans passing, drug addicts and drinking driving cases. I noticed that the judge hears a lot of cases in one day and also similar cases. The judge asks the defendant personal questions about their life and how things are going....   [tags: Law, Judge, Human rights, Judiciary]

Better Essays
848 words (2.4 pages)

Essay on The Judicial System Of The Bronx Family Court

- Returning to the judicial world of the Bronx Family Court as a judge, after years of working in administration, Judge Richard Ross is astonished to find a distinctly more disjointed situation than the one he left. As he attempts to live out his life as “both the fact finder and arbiter of the law” it is clear the current judicial system does not serve him well (xv). Judge Ross conveys to the reader the fundamental issues of the Family Court system through his day to day happenings which range from endless caseloads to death threats....   [tags: Law, Judge, Family, Common law]

Better Essays
1330 words (3.8 pages)

Supreme Court Cases Essay

- It was 1803 when Chief Justice Marshall used Marbury v. Madison to constitute the “legal principle of judicial review” (Marbury v. Madison). Judicial review allows the Supreme Court to rule on an issue concerning rather another branch of government’s legislation is constitutional or not. This is a basic definition, somewhat generic if you will. What is the deeper meaning/ use of judicial review. How does it affect modern day society. These are important questions to ask when one is trying to comprehend how a federal system operates, and advances with its society....   [tags: Judicial Review, Supreme Court]

Better Essays
1014 words (2.9 pages)

The Supreme Court System Of Puerto Rico Essay

- systems that adequately fulfill the need of the state’s interest. In Puerto Rico, the geography creates a special need, therefore, multiple lower courts are imperative. The lower court system will entail a lower municipality court and the small claims court. These courts will be based on the jurisdiction size and location, while still following the standards of the Puerto Rico Constitution. Besides municipal courts the lower courts will also entail small claims courts in order to relinquish the larger caseloads in the intermediate court system....   [tags: Judge, Court, Trial court, Appellate court]

Better Essays
1348 words (3.9 pages)

The Modern Of Modern Judicial System Essay

- The modern judicial system was first introduced to Korea in July 1894. However, Koreans had a well-defined legal system even before that time, although the functions of the judiciary were not separate from the executive branch before modernization, which meant the latter played the role of the former as well ("Supreme Court of Korea," 2012). The first period was the Three Kingdoms Period where all judicial operations were held to the tribal councils or the head of the clan. One of the kingdoms was Goguryeo which was the top of the judicial organization....   [tags: Law, Judge, Court, Appeal]

Better Essays
1119 words (3.2 pages)

The United States And The Federal Court System Essay

- The federal government consist of three branches for each one has a specific role that protects and serves each person in the United States. The Constitution established these branches to enhance a stronger federal government as well as to make sure the states worked as one instead as individuals. The method in which it is used goes by Judicial, Legislative, and Executive, these branches go from creating the laws, to implementing laws, to finally interpreting the law. It became known as checks and balances, so that no branch would over power another....   [tags: Supreme Court of the United States]

Better Essays
1201 words (3.4 pages)

The Problems Created by the Doctrine of Judicial Precedent Essay

- Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is wh...   [tags: Judicial Precedent]

Free Essays
1530 words (4.4 pages)

Essay on The Warren Court

- The US Supreme Court was created in Article III of the Constitution and has the ultimate authority on the interpretation of constitutional law and is therefore deemed the highest court in the nation (USSC). The Supreme Court consists of a chief justice and eight associate justices who review cases from lower courts throughout the nation and rule on the constitutionality of the issues (Urofsky, 2001). The Supreme Court plays a large role in the American legal system because its rulings become law, affecting subsequent cases throughout the nation....   [tags: Politics, government, Supreme Court]

Better Essays
1942 words (5.5 pages)

Judicial Precedent Essays

- This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent. The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier for people to live within the law....   [tags: Law Legal]

Better Essays
2153 words (6.2 pages)