Your search returned over 400 essays for "jurisdiction"
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The Issue of Jurisdiction in Cyberspace

- Q) What is cyberspace. How can jurisdiction be assumed in cyberspace. Introduction “Cyberspace” is a term which is now frequently used among people. Through the advent of computers and especially the internet, our very lives have changed dramatically. Now starting from acquiring information to complex online transactions involving billions of dollars have become possible due to the cyberspace. The term “Cyberspace” was used for the first time by William Gibson in his book “Neuromancer” written in 1984....   [tags: internet, law, crime]

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Embodiment of the Principle of Universal Jurisdiction

- Universal jurisdiction also called the universality principle enables nations to prosecute offenders of certain crimes, even though they don’t have any nexus to the crime, the alleged offender and the victim. As a concept it was historically developed on the maritime legal principle of hostis humani generis (enemy of the humankind) to address the issue of piracy, which caused considerable destruction of international trade. However, today this principle is applied to prosecute perpetrators of crimes against humanity....   [tags: crimes, Eichmann Trial, Pinochet, immunity, law]

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Court Cases on Internet Jurisdiction

- Yahoo Inc. case The fact and precedents in Yahoo Inc. case and its judgment is referenced so as to bring into a skeptical idea of process that courts adopt while deciding matters relating to jurisdictional issues in cyber law. Yahoo is one of the world’s largest global online networks for wide range services. It has reached out for more than 21 million local users in United States and 90 millions globally. The baseless fight of nations on their cultural differences, and the effort to claiming their laws on each other in an effort to protect those differences rather than seeking means to preserve them without conflict, is an old and regrettably venerated tradition....   [tags: cyber, law, trademarks]

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Criminal Jurisdiction And Criminal Appeal

- A. The County Court is the major trial Court in Victoria and its jurisdiction includes Civil jurisdiction, Criminal jurisdiction and Criminal Appeal. The main purpose for a Court is to maintain the justice in the society. Normally, jury is not necessary to be called except for some serious matters. It is summoned to act an important role as fact-finding in the judicial procedure. For example, the criminal matters prevalently call a panel of jury with 12 persons that is bigger than the one in the civil matters which is made up of 6 persons....   [tags: Jury, Court, Crime, Law]

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Court Jurisdiction and Enforcement

- Conducting a business on a global scale presents as many profit opportunities as it does risks. The types of risks characterizing international business transactions lurk in the economic, social, political, technological, cultural, environmental, and legal environments (Hatchondo & Martinez, 2011 & Hill, 2011). Before expanding into the global market, therefore, companies should conduct an environmental scan to understand the imminence of the risks they would be exposed to and subsequently formulate a response strategy....   [tags: Legal Risks, Business Strategy]

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Jurisdiction of consumer protection

- Content This assignment will deal with jurisdiction of consumer protection in the European Union. For the simplicity, the assignment will be divided in few paragraphs that will explain what consumer protection is, what is consumer protection in the European Union, which jurisdiction rules and governs consumer protection issues in EU and national laws of the two Member States, for the comparison – Republic of Croatia and United Kingdom. Introduction Consumer is a person who purchases goods and services....   [tags: EU, ECIM, consumer protection]

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The Five Principles Determining International Jurisdiction

- Identify and define the five principles determining international jurisdiction in criminal law International criminal law is a body of jurisdiction that outlaws certain categories of conduct considered to be serious crimes and sets procedures for investigation, trial and punishment of offenders (Werle & Jessberger, 2014). The suppression of serious international crimes is essential to ensuring respect for international community. Werle and Jessberger (2014) proposes five basic principles upon which the international criminal law is based on, which are discussed in this write-up....   [tags: Terrorism, Counter-terrorism, Insurgency]

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Jurisdiction in the Global Internet Age

- 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 new industrialized world....   [tags: Papers]

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The Jurisdiction of the European Parliament

- The Jurisdiction of the European Parliament The European Parliament is the only elected body in all of the European Union institutions. The E.Parliament currently has 732 Members elected in the twenty-five member states of the European Union for a five-year term, of which 78 MEPs are from the UK. Most of the time, Parliament and the MEPs are based in Brussels where its specialist committees meet to scrutinize plans for new EU laws. The European Parliament is largely advice giving, and the role it has on budgetary and legislative matters is gradually increasing....   [tags: Papers]

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Jurisdiction Of The Law : A State Of Society Without Government Or Law

- Jurisdiction of the Law What if you walked into your house after a chaotic day, only to find out all your beloved possessions were stolen. You worked so hard to pay for that expensive flat screen television and now it is gone. You call the police, no answer. There is no one to help you. There is only one word that could describe this situation, anarchy. Anarchy is described as “a state of society without government or law (Anarchy, 2015).” Anarchy would create chaos, no protection of rights, and society would struggle to function....   [tags: Democracy, Government, Law, Aung San Suu Kyi]

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Immunity from Sate Jurisdiction

- 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 it was asked by many as was whether the Libyan diplomats were immune from being tried in the United Kingdom courts and the abuse of such privilege granted to diplomatic persons....   [tags: Papers]

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The Role Of Marine Biological Diversity Within Areas Beyond National Jurisdiction ( Bbnj )

- Present the situation that you are facing (i.e., provide real-world context - not the roundtable) As you may know, Greenpeace has been invited back as an observer party to the 2017 second round of meetings for the United Nations (UN) Preparatory Committee (PREPCOM) concerning the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). At these PREPCOM meetings member states along with invited IGOs and NGOs will be discussing the corresponding international legally binding instrument (ILBI) that the UN General Assembly (UNGA) will be voting on before the end of their sixty-ninth session....   [tags: Environmentalism, Sustainability, Mass media]

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Why Should Government Have Jurisdiction Over Other Areas?

- Some may argue that just by being born a United States citizen we consent to taxation,shouldn 't we acknowledge that infants cannot properly agree to a contract. Furthermore, what do you do when there is no where to run to that government has not yet monopolized. Why should government have jurisdiction over such large areas. Possibly my favorite argument against my beliefs is, if you don 't like it, why don 't you leave. Freedom of association is an inherent human right, people have the right to gather together with other people and they also have the right to not associate with others if they choose to....   [tags: Human rights, Democracy, Money, Economics]

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Inuit Land Rights, Whaling Jurisdiction, and Education

- Inuit Land Rights, Whaling Jurisdiction, and Education “Common strategies are needed to confront a coming century of conflict and danger with our own imperatives for survival . . .[Common strategies are needed in] the quest for political and economic freedom with which to rebuild our own socially healthy and economically viable communities”. - Indian Country Today, July 2002. Today, the Inuit emerge on the modern global stage as one of many native groups claiming political sovereignty and national and international recognition of their collective rights....   [tags: Essays Papers]

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Dred Scott Case Justice vs Jurisdiction

- Dred Scott Case Justice vs Jurisdiction "Justice v. Jurisdiction, Research Paper on Dred Scott v. Sandford" Described as being poorly educated, indigent, feeble, and ill prone, Dred Scott seemed consistent with society's definition of the black slave. However, he was an articulate man who changed our society and American standards. Married to Harriet Scott with four (4) children, Dred wanted to provide his family with a sense of dignity and decency that a free man's status would warrant him. He was the cause of a change in how society viewed Negroes....   [tags: essays papers]

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The Applicant Request for Information Is Ill-Founded: The Respontent Denial For Information Is in Compliance with Art. VI of the 1985 Treaty

- ... Art. V of the 1985 Treaty requires Applicant to provide at least certain information considered essential in order for the Respondent to execute the request. Among the others Applicant is required to acknowledge the Respondent of: “the purpose for which the request for information is made and the nature of the assistance sought.” The information required by Art. V shall be considered indispensable in order for the Applicant to determine the relevant information to transmit to the counterpart....   [tags: jurisdiction, respondent, information]

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The Case of Marbury v. Madison

- ... Adams signed the appointment and Marshall sealed it thereby giving Marbury legal right to the office he was appointed to. Therefore, denying delivery of the appointment to him was a violation of his rights and the law provides him remedy. The third question was to determine whether the Supreme Court had the authority to review acts of Congress for their constitutionality. The Court decided that it did have such authority to determine whether laws were unconstitutional and void. The judiciary has the duty to interpret the law and determine if a law violates any part of the Constitution....   [tags: supreme court, jurisdiction , congress]

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The Distinction Between an Unfair Prejudice Petition and a Statutory Derivative Action

- The unfair prejudice petition has always been regarded as the easier and more flexible option for minority shareholders’ protection compared to the statutory derivative action. The restrictive leave requirements under the statutory derivative claim where the concept of prima facie, good faith and ratification have been interpreted within the confines of the origins in the case of Foss v Harbottle do not add any appeal the statutory derivative claim. Further, the approach in relation to granting indemnity costs orders which is rather limited does not in any way encourage any potential claimant to pursue a derivative action....   [tags: court, jurisdiction, shareholders]

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Issues with Eminent Domain in the Holy See

- ... However, since 1870, the Italian government renders the pontiff, within the walls of Vatican City, the sovereign honors and pre-eminence of honor given to him by his office. This means he, and the city, are not subject to the exercise of eminent domain by the state. (Lalor, pars. 152, 207).With a history of understanding the potential for abuses of eminent domain, the Holy See recognizes the need for eminent domain, but fully supports the precept of just compensation. C. The Holy See recognizes the responsibility placed on governments to protect their citizens and provide for the general welfare....   [tags: vatican, jurisdiction, contraception]

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The Complexities of Prosecuting Cyber Crime

- ... In addition, the prosecutor (local, state, & federal) is not knowledgeable in the technical aspects on how to prosecute a cyber criminal case. So the government must hire experts in the field of cyber crime to assist in prosecuting cyber criminals. Even with lawyers and experts hire by the federal government to help prosecute cyber criminals. The laws currently on the books do not correlate with the crimes that may have been committed. For example the Racketeer Influence Corruption Organization (RICO) Act....   [tags: laundering, jurisdiction, internet]

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Alberta Energy Regulator

- The Alberta Energy Regulator (AER) was formed on June 17th of 2013 under the creation of the Responsible Energy Development Act, which was passed on December 10th, 2012. This act currently provides the AER with all responsibilities for all projects ranging from application to reclamation in regards to the Public Lands Act, Water act and Environmental Protection Act. The AER main purpose is to use the acts it has responsibility over to ensure the safe development of all hydrocarbon resource over their productive life....   [tags: hearing, jurisdiction, development, hydrocarbon]

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Liberty and Corruption through Machiavelli

- Liberty and Corruption through Machiavelli To be “Machiavellian” is typically understood to mean clever or dishonest; generally unlikable traits in a general member of society. When asked to evaluate the current state of affairs in America today and look for the conceptions of liberty and corruption, the most accurate answer to this evaluation is through history. Looking at America and taking the previously studied writings of Machiavelli, is there any hope for the liberty America prides itself on or at least is there any way to stave off corruption....   [tags: American society, culture, jurisdiction, autonomy]

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Court Authorization of Sterilization of a Minor

- Child Law Essay I am going to be answering the question that Wardship jurisdiction enables a court to authorise the sterilisation of a minor when it is held to be in that child’s best interest and the legal and wider implications of this being in place. According to Section 1 (1) of the Family Law Reform Act 1969 a minor is defined as “a person who has not attained the age of 18”. Children between the ages of 10 and 14 are deemed to be incapable of forming criminal intent. This presumption can, however be rebutted by proving that the child in question knew that his or her behaviour was ‘seriously wrong’ for example it was more than simply naughty....   [tags: Family Law Reform Act, Court Jurisdiction]

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Exploring Ways in Which the European Union Legal Order Differs from the Common Law Jurisdiction

- Exploring Ways in Which the European Union Legal Order Differs from the Common Law Jurisdiction The main sources of law in the common law jurisdiction are statutes and the doctrine of judicial precedent. In the European Union (EU) the main sources of law are the treaties and various forms of secondary legislation (regulations, directives, and decisions), judicial precedent does not apply in the EU. As of 1st January 1973 EU law has had effect in the UK as a result of the European Communities Act 1972....   [tags: European Union Essays]

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Implementing The Preparedness Expectations For Local Jurisdictions

- Annual Activity Establish the preparedness expectations for local jurisdictions to receive preparedness funding by maintaining the CHD and Regional Preparedness Expectations, annual contract deliverables for health care coalitions, and program requirements for Cities Readiness Initiative (CRI), special needs sheltering and the medical reserve corps. These expectations are aligned with grant requirements, statutory requirements, and Department policy. This entity develops, documents, distributes, and updates these expectations as required annually and throughout the year....   [tags: Risk, Decision making, Health care]

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International Arbitration and its Interim Reliefs in India

- International Arbitration and its Interim reliefs in India - Iti Singh Introduction In this Research Paper, having divided it twofold, I have briefly touched upon the emergence of International Arbitration in India, then quartered into interim reliefs granted by the Courts to ensure natural justice, the internal remonstrance encountered as well as created – either by judicial intervention in granting Interim measures or the limited powers bestowed upon Arbitral...   [tags: resolution, property, jurisdiction ]

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Employer's Liability in Tort's Law

- Employer’s Liability. Employer’s liability is a section of Tort Law that deals with the liability, employers’ have for occupational injuries to their employees arising from their negligence. At the start there was a slow start to impose liability in negligence on employers in relation to injuries to their employees. This meant there was little protection for employees within their workspace in respect to health and safety. Employer’s liability didn’t occur until the early part of the nineteenth century....   [tags: common laws jurisdiction]

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International Financial Transactions Take Place Between Varieties Of Jurisdictions

- Introduction International financial transactions take place between varieties of jurisdictions which may belong to any of the existing legal families. Each legal family emerging in their own ways, with their respective philosophies are bound to have differences. For the purpose of this essay we shall look at whether in the current legal environment, in the context of set-off and netting do these differences matter or not and in case of any differences, if they are only based on terminology. To begin it is of use to identify main legal families....   [tags: Common law, Law, Bankruptcy, Civil law]

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The Outsourcing of Software Development work to Offshore Jurisdictions

- In today's global economy, the outsourcing of software development work to offshore jurisdictions is a strategic tool that can provide a competitive advantage for many companies. In addition to the main goal of cost savings, outsourcing can also development technologies, provide access to world class expertise , and allows a corporation to focus on its business activities and core competencies. According to Barney (1986), competitive advantage can be attained if the current strategy is value-creating....   [tags: information technology and data management]

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In What Ways does Malta Differ from the Classical Mixed Jurisdictions?

- In what ways does Malta differ from the classical mixed jurisdictions. If classical mixed jurisdictions are to be studied collectively, certain sub-groups would need to be taken into consideration. Some would be amalgamations of common and civil law, such as Scotland and Seychelles; some of religious law, civil law and common law, such as Israel; some others with a mix of the previously mentioned laws with a further addition of socialist law and tribal law such as Algeria; others, such as Hong Kong, that combine traditional Chinese law and socialist Chinese law, which itself embodies elements of the civilian tradition and so on....   [tags: Anglo-American & continental legal traditions]

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Tort, A Critical Subject Of Study When Analyzing Common Law Jurisdictions

- Tort, is a critical subject of study when analyzing common law jurisdictions. Tort, latin word for wrong, is the action of causing harm or loss to another person or party [1]. When there is an act of tort, the person who has committed the tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Despite crimes may be torts, torts may not be crimes [1] simply because a tort may not have broken a law so it does not amount to criminal offense....   [tags: Tort, Tort law, Negligence, Common law]

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Extending The Jurisdictional Limitation Of The Iccpr : Virtual Control Test

- Extending the Jurisdictional Limitation of the ICCPR : “Virtual Control Test” A daunting task that awaits those wishing to extend Article 2 (1) of the ICCPR to account for states extra-territorial surveillance scheme is attributing such interception of foreign communications on a surveilling state. As the Office of the High Commissioner for Human Rights suggests article 2 (1) extends to “anyone within the power or effective control of that State Party, even if not situated within the territory of the State Party.” Therefore, if one is relying on the power or effective control test, extra-territorial surveillance should amount as a virtual control and privacy infringement of a non-citizen...   [tags: Human rights, European Convention on Human Rights]

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Jurisdictional Issues within the Criminal Justice System

- ... Without receiving an unbiased judge, the fifth amendment of the Bill of Rights within the United States Constitution would be violated. The Fifth Amendment states the following: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor sh...   [tags: location, fair trial]

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Hierarchy of the Court System of the State and Federal Goverment

- The federal government and the state government have its own court system. Both the federal and state court system has a hierarchically organized system. Sec.1article III of the constitution created the supreme court of the United States. This paper will compare and contrast the court system of the federal and state government. This paper will also point out the hierarchically structure of them both. The federal courts system consists of the highest court, which is the U.S. Supreme Court. Congress has three basic responsibilities under the Constitution that determine how the federal courts will operate....   [tags: jursidiction, appeals, judges]

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Court Cases of Supreme Court Vs State Courts

- Martin v. Hunter’s Lessee is a case heard by the Supreme Court involving a land dispute. Lord Thomas Fairfax was a British Loyalist and landowner in Virginia during the American Revolution. Virginia enacted legislation during the war that allowed for the seizure of land held by those people loyal to the British and took Lord Fairfax’s property. Virginia then granted ownership of a tract of the seized property to David Hunter. After the war ended, the United States and Great Britain agreed to a treaty in which the United States guaranteed to protect the ownership of land held by British Loyalists....   [tags: Law, Suing, Wages]

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Overview of the International Criminal Court

- Introduction The International Criminal Court (ICC) is the permanent court made for the main purpose of dealing with criminal acts committed by individuals amongst a state in a bit to tamper with the territorial integrity of the state. The ICC has prosecuted altogether … cases; of which are war crimes, - are crimes against humanity, - concern crimes of aggression and – (few) were prosecuted for genocide. Dividing the essay into the four main crimes commonly known as the elements of crimes, the essay will discuss the origin of the ICC’s jurisdiction over these crimes....   [tags: International Law]

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Internet as a form of Commerce

- Commerce has been seen as one of the concepts that have had the greatest rate of evolutions in its attempt to be at par with the global dynamics. The pragmatic shifts and changes that the universe have had to experience in a variety of disciplines like business has led to such evolutions so that it is not seen to have lagged behind. One of the shifts that commerce has had to take is the adaptation as well as manifestation of e-commerce. E-commerce has however not been self-initiated but rather has been greatly influenced by the evolution of the information technology sector (Kracher, Beverly, & Cynthia, 2004)....   [tags: E-Commerce, Information Technology]

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Taking a Look at the Syariah Courts

- The civil courts from time to time infringed upon the jurisdiction of Syariah Courts before Article 121(1A) of the Federal Constitution was modified by the Constitution (Amendment) Act 1988 (Act A704) which came into force on 10 June 1988. The infringement by the civil court upon the jurisdiction of the Syariah Courts caused vast concern among those interested or involved in the management of Islamic Law. A committee lead by Tan Sri Syed Nasir Ismail was established by the government to look into the position of Syariah Courts and urge measures to raise their status....   [tags: Federal Constitution, civil courts]

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International Law: Piracy, Law of the Sea, and Use of Force

- This paper will answer the four questions presented below: 1. What is the jurisdiction of the International Criminal Court over piracy. 2. To what extent may European nations claim jurisdiction over acts of piracy committed off the Horn of Africa. 3. What international law enforcement co-operation mechanisms exist to assist in the investigation and prosecution of piracy committed in waters off the Horn of piracy. How these mechanisms assist in the investigation and prosecution of piracy. 4. What barriers to successful prosecution of Somalia piracy exist....   [tags: Somalian Piracy]

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Criminal Court The Government Is Responsible For Filing Against A Person Who Has Committed A Crime

- In criminal court the government is responsible for filing against a person who has committed a crime. This person is known as a defendant and the government must prove the defendant’s guilt “beyond a reasonable doubt.” Some crimes that a person can be charged with can include murder, assault, robbery, burglary, and DUI etc. The key players in the criminal court system are the U.S. Attorney, the grand jury, and the judge. The U.S. Attorney is known as the prosecutor who represents the United States in the trial....   [tags: Court, Law, Supreme Court of the United States]

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Proper Bluebook Citation : Common Law

- Provide 3 secondary sources that you would consult regarding this legal issue. Include a 2–3 sentence summary of each source and also the proper Bluebook citation. A. Depending on the jurisdiction, grandparents may or may not have a legal right of visitation under the common law. Visitation in jurisdictions which recognize such rights are awarded only if it is in the best interest of the child. Some jurisdictions have statutes which govern grandparent visitation rights in circumstances of divorce, death, revocation of parental right, etc....   [tags: Family, Parent, Grandparent, Law]

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The Supreme Law Of The Land Under Article V. Madison

- Eugene Smith Government 110 Ratified in 1787(IIP), the American constitution became the supreme law of the land under article VI of the document: and when the Supreme Court has appropriate jurisdiction, they have the definite power to determine what is says. However, under special circumstances this can be refuted due to article III of the constitution states that congress has the power to make exceptions to the court 's appellate jurisdiction(Heritage). Ergo, while the Supreme Court has the power to say what the constitution is, Congress has the power to grant or remove jurisdiction from any appellate case that is not considered original jurisdiction....   [tags: Supreme Court of the United States]

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The International Criminal Court

- Our world today is filled with awful crimes that interfere with societies happiness and well being each and everyday. Different countries struggle with severe crimes that put their fellow citizens and cities in danger each and everyday. Some people question how to deal with such terrible inhuman acts toward people and societies each and everyday. In order to keep the world in tacked and a safe place against such crimes the International Criminal Court was first talked about in the 1970s, but became ratified to begin pursuing cases in July of 2002....   [tags: legal issues, crimes]

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The Constitutionality Of The Texas Court System

- The Texas court system is structured and well organized but might seem quite confusing at first. There are different types of courts in Texas, which are the municipal courts, county courts, county courts of law, district courts, appeal courts, and the highest courts. All of which contribute to the state of Texas and help the community establish a well organized place to live upon. These court systems play a huge role in the safety of the citizens. There are Local Trial courts of limited jurisdiction called municipal courts and Justice of the Peace courts....   [tags: Court, Appeal, Law, Appellate court]

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Georgia State Court System

- Court systems between states can vary significantly while maintaining the same general functions. Georgia state court structure is set up to handle a large number of proceedings. To understand how the system is able to accommodate the numerous counties and the growing population we must consider the types of courts that are in place, the process of putting judges into place, and how the jury is chosen to facilitate the courts. Civil courts handle jury trials in civil matters. There is a jurisdictional limit of $25,000 placed on civil courts....   [tags: Justice System]

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Texas Courts

- In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected....   [tags: Justice System ]

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Judicial Review: 1803 Chief Justice John Marshall

- The first U.S. Supreme Court case to apply the principle of "judicial review" - the power of federal courts to void acts of Congress in conflict with the Constitution is considered to be one of the most important cases in the Supreme Court history. This case was a landmark United States Supreme Court case because the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution (LII). Written in 1803 by Chief Justice John Marshall, the decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive....   [tags: landmark US Supreme Court cases]

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Internet Crimes, Torts, and Scams

- Internet Crimes, Torts, and Scams: investigation and remedies by Melise Blakeslee, was a long and confusing book. To be honest with you, I am not entirely sure what I read. This book touched bases with cybersquatting. Many public cases were introduced throughout the book and the courts decisions were discussed. Melise Blakeslee gave many practice tips to use when you are stuck in certain situations. They consisted of many practice tips to protect yourself when you are online. From what I gathered, the purpose was to focus on domain names of website....   [tags: Melise Blakeslee, investigation, website, internet]

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Magistrates Court Research Assignment

- ... The majority of minor cases can be heard quickly in the Magistrates Court, leaving the County and Supreme Courts with only the more serious cases that may require their expertise. The aim of this process is to reduce the costs to the taxpayer for the running of the Courts, and to increase the level of efficiency in the Courts, allowing cases to be resolved quickly. ------------------------------------------------------------------------------------------------------------------------------------------------ 3....   [tags: criminal law]

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Court Systems and Criminal Justice

- The two types branches of our court systems is the duel court system (Bohm & Haley, 2010, p 288). Each system in the Federal or State side contains numerous possibilities in their jurisdiction with their authority to of the court to hear and decide cases (Bohm & Haley, 2010, p 288). However, the two courts described are: Trial Courts of Limited Jurisdiction and Trial courts of General Jurisdiction. Trial Courts of Limited Jurisdiction is a state court that is referred to as the “lower court”; interestingly some states have no formal legal training requirements to serve as a judge in this type of court....   [tags: Law, criminal justice, law enforcement]

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Questions On Police And Sex

- For my Final Project Analysis, I will be addressing Case 3: Police and Sex. In Spotsylvania, VA the police department uses undercover police officers to purchase sex from prostitutes. The Spotsylvania Sheriff Howard Smith defends this practice as a way to receive higher convictions and to remove prostitution from Spotsylvania County. In order to prove sexual activity there has to be the actual act of performance. The act of engagement is a felony, which allows the police to take over all assets of the defendant....   [tags: Police, Ethics, Undercover, Morality]

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Relationship between Unions & the Event Management Industry

- At the recent Dreamforce conference field trip we were able to see the grand, towering exhibit displays and booths. The craftmanship put into these temporary displays can only be described as perfection. Majority of the exhibits on display represented multimillion dollar companies with the expectation they hired private companies to create these temporary displays. Suprisingly, all this work was completed by union workers. Setting these up requires contracts, following union rules and regulations, exhibitor protocols and more....   [tags: Convention Exhibits, Restrictions]

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VAT and Small Business

- Would you believe that sales tax and international value-added tax (VAT) compliance is a big reason for a seller walking away during due diligence. It shouldn’t be a surprise when you think about how complicated it is to manage your sales and value-added tax compliance when each state and country has a different set of rules and rates that are constantly changing. The first issue that many companies fail to realize is that they may have nexus in a jurisdiction they didn’t think they did. A business may have sales tax nexus if it has a physical presence (office, warehouse, agency, employees, shipping point, etc) in a particular state....   [tags: taxes]

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Personal Reflection : Iv Self Reflection

- IV SELF-REFLECTION When I told my fifth year friends that I was taking 399, I did not understand the pitiful looks and “good luck’s” I received. I nodded my head and pretended I understood. This is the dreaded paper everyone talks about. Jokes on them, I actually like legal research, I thought to myself. For all the slanderous comments associated with the course, I brushed them off. What I did not count on was the sheer workload for the trail, which turned researching – something I love – into a painstakingly documented process....   [tags: Law, Common law, Research]

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Issues in Distribtuiton Estate of Muslims in the Context Law of Malaysia

- ... The High Court cases on appeal under section 29, the Small Estates (Distribution) Act 1955. Legislation worn is of the Probate and Administration Act 1959 (Akta97). 4) Syari’ah Court: Handle cases of determination of heirs and the heirs of each person issued the "Certificate Faraid". This is based on Islamic Religious Administration Enactment State or of the Administration of Islamic Law (Federal Territories) Act 1993 (Akta505). Besides the Syariah Court has jurisdiction in matters related to wills, grants, endowment, illegitimate children, marriage, matrimonial property and lineage, that are closely related to the Syariah Court decision even things up influencing the distribution of the...   [tags: law faraid, islamic family law act]

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Should Children of Immigrants Become US Cititzens?

- The issue this debate is covering is weather or not the United States should allow the children of immigrants to become legal citizens. Some question if it is a violation of the US constitution to allow the citizenship of children born on US soil to parents who have entered the US illegally. The 14th Amendment to the constitution addresses this issue, however how the US should proceed as a country is still up for a very real and reasonable debate. The 14th Amendment states: 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....   [tags: immigration, citizenship to children, 14 amendment]

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Criminal Crime And The Criminal Justice System

- This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence....   [tags: Crime, Criminal justice, Criminal law, Judge]

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Racial Sentencing Disparity And The Underlying Issue

- Introduction Possibly the most striking about the discussion of race is how frequently national attention to racial issues revolve around race and the criminal justice system. Over the past year alone, significant national events have had wide-spread media coverage involving race that has affected large portions of the nation. Although the United States is the most racially diverse nation in the world, a defendant’s race and/or ethnicity can affect the severity of their sentencing. This purpose of this paper is to examine racial sentencing disparity and the underlying issues contributing to this concern....   [tags: Crime, United States, Criminal justice]

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The, The And, And Judicial Power

- Third, the Corps now claims exclusive interpretive, or judicial power, to judge whether a parcel of dry land is within the ever-expanding definition of “navigable waters.” As noted above, there is no “intelligible principle” to guide Corps’ exercise of quasi-legislative power to define the scope of jurisdiction. Corps argues in Hawkes, that it has the power to make unreviewable quasi-jurisdictional determinations as to whether a particular parcel of property is subject to its jurisdiction under the CWA....   [tags: Supreme Court of the United States, United States]

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The Effectiveness of the International Criminal Court

- There is a close relationship between human rights and criminal law. The scope of my paper will surround human rights and the International Criminal Court (ICC) in addition to human rights and international crimes. International criminal justice in this context speaks to those interested in prosecuting against the background of international human rights and humanitarian norms. The use of criminal law has many positive effects and pursues many goals that are worth considering. For example, deterrence, accountability and punishment are important principles that will be discussed in the context of human rights....   [tags: Human Rights and Criminal Law]

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The Ukranian Crisis: Extradition of Viktor Yanukovich

- The Ukrainian crisis was a result of social upheaval against the former president, Mr. Yanukovich, who decided to pull out of the association with the European Union (BBC News, 2014). The upheaval that lasted for about two months resulted in more than 100 people killed (NY Times, 2014). In February 22 Mr. Yanukovich disappears and the opposition takes control over the government in Ukraine (BBC News, 2014). Upon learning that Mr. Yanukovich is currently residing in Kazakhstan, the new government of Ukraine requests from Kazakhstan the extradition of the overthrown president, who is accused of crime against the Ukrainian citizenry....   [tags: european union, crime, kazakhstan]

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The Major Crimes Act Of 1885

- The Major Crimes Act was an important piece of legislation regarding the jurisdiction of Indian tribes on U.S. soil, and was passed on March 3, 1885. It was one of the concluding sections of the Indian Appropriations Act of 1885, which sought to deal with Indian American relations of the latter-19th century. The Major Crimes Act law was passed by Congress, following the General Crimes Act of 1817. The Major Crimes Act expanded on the General Crimes Act by detailing what could constitute as a crime under the federal jurisdiction of the United States if they were to be committed by a Native American in a Native American territory....   [tags: Native Americans in the United States]

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The Law And Procedural Law

- 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....   [tags: Supreme Court of the United States, United States]

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Aristotle: The Rule of Law

- A. Explain what is meant by the concept of “the rule of law” According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance....   [tags: society, judicial power, legislative power]

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Worldwide Volkswagen Corp. vs. Woodson

- Worldwide Volkswagen Corp. vs. Woodson Plaintiff and Defendant: The plaintiff in this case is Woodson. The defendants were the German manufacturer of the Audi Automobile, Volkswagen of America (the importer), World-Wide Volkswagen (the wholesale distributor), and Seaway (the retail dealership). Facts: The plaintiff Woodson is a resident of the state of New York and purchased a vehicle, an Audi, from the Seaway Dealership in the State of New York. The plaintiff Woodson was injured while in Oklahoma, which was caused by a defect in the car....   [tags: Papers]

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Analysis Of The Article ' Sommet Leader Brian Whitfield Sentenced On 20 Years '

- State the title of the article, the name of the publication in which it appeared and the date of publication. The article I have chosen titled “Sommet leader Brian Whitfield sentenced to 20 years” was published by The Tennessean on June 8, 2015. Provide a summary of the news story, with emphasis on the facts. A previous leader of The Sommet Group, Brian Whitfield, was accused and found guilty after a plea of not guilty to stealing money from clients and the government in the amount of $20 million....   [tags: Jury, Judge, United States federal courts]

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Planning For Counterterrorism Must Be Community Based

- Counterterrorism Plan Development Elected officials in each jurisdiction have a responsibility to protect its citizens from hazards and ensure their safety. When threatened those citizens expect leaders to take immediate actions to resolve the problem. Citizens expect these officials to activate resources, direct the response efforts of the entire community, including nonprofit and private organizations, and if necessary to seek assistance from outside the community. At the same time every citizen has an inherent responsibility to protect the community, themselves and their property, as well as their families, businesses and organizations....   [tags: Management, Planning, Plan, Risk management]

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Destructing the Environment in Order to Achieve Strategic Goals for ICC

- Destructing the Environment in Order to Achieve Strategic Goals for ICC Although environmental crimes have not yet reached prominence in development of international criminal law, should deliberate destruction of the environment in order to achieve strategic goals be a future focus for the ICC. In my research paper I wish to argue that environmental crimes should have the same precedence as crimes against humanity....   [tags: Papers]

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The Law Of The Court

- 3. A precedent is defined as “a legal norm established in court cases that is then applied to future cases dealing with the same legal questions.” A precedent sets the tone for the cases that follow. It is important that a precedent is strong. A strong precedent allows for the courts to act accordingly and justly towards similar cases (Bianco and Canon, 2015). A jurisdiction is defined as “the sphere of a court’s legal authority to hear and decide cases” (Bianco & Canon, 2015). This is important because people would want to bring a case to the court that would be most suitable to their case....   [tags: Supreme Court of the United States]

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Distinguishing Panavision And Bensusan

- Distinguishing Panavision And Bensusan The law regarding jurisdiction determination was far from crystal clear even before the internet came of age, and courts are now having a difficult time reconciling the "purposeful availment" and related "effects" tests used in traditional jurisdiction analyses with the new paradigms in information transfer made possible by the internet, and in particular by the World Wide Web (WWW). These difficulties are apparent in Panavision, Int'l. L.P. v. Toeppen, 938 F....   [tags: Legal Essays]

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Legal Aspects of Fire Protection

- ... The Mutual Aid Agreement Act provides a law that is applicable to all fire departments in Tennessee who receive public funding and a law that changes mutual aid agreements for all emergency services providers in the state (University of Tennessee Institute for Public Service, 2004). To reduce liability and streamline the process of mutual aid agreements fire departments in Tennessee will utilize the provisions of the Mutual Aid Agreement Act. The act provides a mutual aid agreement for all emergency services agencies within the state and assigns the responsibility of items such as cost, insurance, liability, damages, billing, and staffing as deemed appropriate within the law (University...   [tags: legal issues, fire services, business]

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Law Enforcement And Federal Enforcement

- Law enforcement comes in many different aspects, ranging from local and state agencies to federal agencies. Each agency operates according to different standards, but are all built on the same principles of law enforcement. Job requirements and duties may also vary, but the main goal of all law enforcement is to protect society. Some responsibilities for these agencies include the prevention of crime, maintaining law and order, and to perform a public service. These agencies can operate with one another or operate totally independent of the other....   [tags: Police, Federal Bureau of Investigation]

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Case Analysis : Car Thieves

- Brickey (1996) examples how two separate cases regarding car thieves can have very different prosecutorial focuses between the federal and state venues. One thief is exampled as stealing a car in San Francisco and joyriding it to Los Angeles where he abandons it. The second thief steals a car in San Francisco and drives it to a Seattle-based “chop shop” for further processing. When the first thief is captured within California’s jurisdiction, it is reasonable to assume a state prosecutor would charge and attempt to prove that the thief took the car purposely and without the owner’s consent....   [tags: United States Constitution]

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Superiority of the International Court of Justice

- Introduction The International Court of Justice (ICJ) is an important organ of the United Nations. Actually it is the UN's principal judicial arm used to foster international peace. It was established after the League of the Nation and its judicial organ the Permanent Court of International Justice (PCIJ) were dissolved after the Second World War, in 1946. Its main purpose is to support the UN (which was formed in 1945) in its endeavour in promoting international peace and law . Important to note is the fact that this court, although referred to in a non-technical context as the world court, does not automatically possess compulsory international jurisdiction....   [tags: The UN International Criminal Tribunals]

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Nonprofit Religious Organizations Of The United States

- Nonprofit religious organizations held out as Christian churches in the U.S. have been amending their bylaws and governing policies in droves over the past several years in anticipation of the Supreme Court’s ruling on same sex marriage, and with even greater urgency in the months since the ruling was published. Statements have generally been added for purposes of defining marriage and gender and to codify positions on homosexuality and similar issues. The central matter in these amendments is the inclusion of language clarifying prohibitions against the organizations’ involvement with civil unions that offend their moral convictions....   [tags: Supreme Court of the United States]

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Russia 's Governmental Structure Of The United States

- Russia’s governmental structure is based on a system that was enacted by the 1993 constitution which declared Russia a democratic and federal based state. A multiparty system is also in effect although this is weak in the current dispensation. Laws and policies affecting citizens have to be made public and must have to be drafted in harmony with international laws and treaties. Russian is the official language. This is a stark difference with the United States, whose constitution was ratified in 1787 with a strong democratic tradition involving two major parties....   [tags: United States, United States Congress]

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Structure of the Federal Court System

- Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges....   [tags: United States Constitution, Confederation]

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The International Criminal Court (ICC) and the Protection of Human Rights in Africa

- 2 Introduction This essay will discuss the successes and challenges faced by the International Criminal Court (ICC) in prosecuting human rights violations cases in Africa. The ICC has been recently put under the spotlight by the African Union when it called for non-cooperation by its member states not to comply with the warrant of arrests that had been issued by the ICC against some of the leaders in Africa. This has created difficulties when it comes to prosecution of international crimes. The Court is also facing allegations of being Anti African....   [tags: Human Rights in Africa]

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The United States Judicial System

- The United States Judicial System is made up of several different courts, which includes the federal court system, the state court system, and the local court system. All three of those court systems handle different types of cases and have their internal structures and roles. The hierarchal structure of the federal court system consists of the Supreme Court, Courts of Appeals, Bankruptcy Appellate Panels, District Courts, Bankruptcy Courts, and Article I Courts (Hogan, 2010). The Supreme Court is the highest court in the nation....   [tags: United States, Supreme Court of the United States]

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Should Minimum Wage Be Increased?

- People in america are arguing should minimum wage be increased or not i think minimum wage should not increase why should a no skill worker make 15.00 0r a teenager if people feel like they should be paid more they should take it up with the state because they set how high or low they want it as long as it more than 8.15 less than 50% of people receiving minimum wage are full time workers this is because many minimum wage workers are teenagers or part time college students the most current research shows that a higher minimum wage does increase....   [tags: Minimum wage, Wage, Unemployment, Employment]

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