Your search returned 200 essays for "jurisdiction":
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The Us Constitution

- In February of 1787, the Continental Congress met in Philadelphia to revise or replace the Articles of Confederation. This revision was necessary to fix the problems the newly independent states were having. Fifty five delegates attended the convention such as James Madison, Alexander Hamilton, and Roger Sherman. These delegates included the two schools of jurisdiction, compact and contract, into the Constitution to help make it one of the most important documents ever written. A compact school of jurisprudence is a tightly bound set of laws by which a society lives by....   [tags: American History]

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Marbury v Madison Trial

- Marbury v Madison Trial Marbury v. Madison The issue before the Supreme Court was the question of the court’s own constitutional authority, and to decide whether or not to issue the writ and if this would make the court seem weak. The facts of the case that were presented in the court was that this particular case was, in fact, being thrown before the Supreme court, and there was an argument as to whether or no the court real had the jurisdiction to decide this case at all. The result of this case was that the Supreme Court decided to entitle Marbury his court order....   [tags: essays papers]

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- Federalism Federalism is flexible. Federalism is not a rigid structural arrangement. It seeks pragmatic solutions to the organization and distribution of political powers in order to meet the common needs of people while accommodating their diverse circumstances and preferences. Federalism is dynamic. While structures and even constitutional provisions may endure, the practices and operations are likely to change over time. At different times, federal systems may become more centralized, or they may become more decentralized....   [tags: Papers]

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Legal and Political Environments

- Legal and Political Environments The legal and political environments of global markets differ by country and often by region within a country. Global marketers must be aware of each environmental risk in global markets and develop contingency plans to overcome them. Legal Environment Clearly, the global legal environment is very dynamic and complex. It is the result of three forces: international law, U.S. domestic law, and legal requirements of host nations. According to Czinkota and Ronkainen, (2004), when a marketer conducts international marketing transactions with a country, it is very imperative that managers know and remain abreast of the policies and regulations of that country....   [tags: essays research papers]

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United States V. Nixon, President Of The United States

- United States v. Nixon, President of the United States Throughout American history, the fear that our leaders may sometimes think themselves above the law has always been evident. The fear is that power brings corruptness. To prevent this, however, the system of checks and balances has been installed into the Constitution. No one branch of government stands above the law in this setup. This point was reasserted in the the Supreme Court case of 1974, United States v. Nixon. This case involved the President of the United States, at that time Richard Nixon, and the people of the United States....   [tags: essays research papers]

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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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Law: The Dual Sovereignty Doctrine

- ... Murder is a crime in both state and federal jurisdictions. The state can prosecute the case against Hugh for murder, because murder is prohibited in the state of Georgia. Murder is defined as the unlawful killing of another human being that is neither excused nor justified (Farlex, Inc., 2014). Atlanta is in the state of Georgia and since the murder was committed in Georgia, this gives Georgia the proper jurisdiction to prosecute the case. “Georgia Murder; Felony Murder Statute: § 16-5-1. (a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being....   [tags: crime, court, statues]

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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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Did William Marbury Have a Right to the Commision as Justice of Peace?

- At the end of President John Adam's term, his secretary of state, John Marshall, failed to deliver documents commissioning William Marbury as the new Justice of Peace. Thomas Jefferson claimed the commissions as invalid and denied Marbury the right of Justice of Peace. Marbury then sued Jefferson's Secretary of State, James Madison asking the supreme court to demand the delivery of the documents. Did Marbury have a right to the commission. Marbury had the right of the commission due to the fact that "The order granting the commission takes effect when the Executive's constitutional power of appointment has been exercised, and the power has been exercised when the last act required from th...   [tags: documents, deliver, invalid]

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Deterring Juvenile Criminal Activity

- Deterring Juvenile Criminal Activity Arresting juvenile shoplifters can help deter future criminal activity. Despite millions of dollars spent by retailers each year on surveillance and enforcement devices to deter theft, shoplifting continues to be a major crime problem. Store security personnel detect as many as two million shoplifting cases per year, but many are not reported to the police. And of the almost 400,000 shoplifters detained and turned over to the police annually, the vast majority are not arrested partly because shoplifters often are not tried and sentenced....   [tags: Papers]

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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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Removing Criminals from the Streets: Three Strikes Laws

- In the wake of the “get tough on crime movement,” several states have adopted extremely stringent sentencing requirements for repeat offenders. Local, state, and federal leaders claim that these laws help prevent crime through deterrence while removing potential dangerous offenders from the streets. While this removes deviants from the streets, it also may result in disproportionate punishment for an otherwise minor crime. This paper seeks to analyze the three strikes law and determine its effectiveness in recidivism and new crimes (Eastvedt, 2008)....   [tags: crime movement, repeat offenders]

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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 Appropriate Court For This Lawsuit

- The appropriate court for this lawsuit depends upon several factors. Three important considerations include personal jurisdiction, subject matter jurisdiction and minimum contacts. Personal jurisdiction is the power the courts have over parties involved. Minimum contact is the contact required between a party and a state in order for the courts of that state to constitutionally assert power of that party within specific boundary (Kubasek, p. 42). Because Funny Face promoted their product over the internet and sold to customers worldwide this would apply to them....   [tags: Dispute resolution, Mediation]

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The Constitution Of The State

- The Constitution of the State 1 The President 2 The Governors 3 The Executive Bureau The Executive Bureau of the State consists of three principal Ministers of the State, each equal in rank. 4 The Legislative Congress The Legislative Congress of the State consists of a single assembly of Legislators of the State elected from the Provinces of the State. 5 The Judicial Fiduciaries The Judicial Fiduciaries of the State consists of eleven Justices of the Supreme Court, each equal in rank....   [tags: United States, President of the United States]

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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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Shelby County Civil Court System

- The Shelby County Charter became effective September 1, 1986. Shelby County 's government, the Shelby County Charter places the power to operate the government in the hands of the people of Shelby County. Shelby county court system is ran and operated much like any other county court system of Tennessee would. Shelby county court system concise of “Trial courts” that are divided into four different sections. The section includes Criminal, Chancery, Circuit, and Probate court. Shelby County also has a court of general jurisdiction which includes the juvenile court system....   [tags: Judge, Court, Circuit court, Criminal law]

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Case Study 4.2 The Supremacy Clause

- In case study 4.2 the supremacy clause was put to the courts. On one side of the argument stood the South Coast Air Quality Management District and on the other side stood the Engine Manufacturers Association. The Engine Manufacturers Association, which I will refer to as EMA from now on, argued that the South Coast Air Quality Management District (SCAQMD) did not have the ability to regulate the air quality of Los Angeles, California due to the Supremacy Clause. Ultimately the U.S. Court of Appeals upheld SCAQMD’s rules....   [tags: United States, United States Constitution, Appeal]

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New Zealand Courts Should Use International Law

- New Zealand courts should use international law to develop the common law, where there is a lack of understanding in specific areas. Through an increasingly global world, New Zealand is able to compare its own laws with other jurisdictions when attempting to create new common law. Furthermore, international law can aid courts in interpreting certain laws when there is a gap in New Zealand law. Rather than beginning with nothing, international law to offers us a framework for approaching novel situations....   [tags: Law, Common law, Human rights, Judge]

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New Zealand Courts Should Use International Law

- Law 131 Essay New Zealand courts should use international law to develop the common law where there is a lack of understanding in specific areas. Through an increasingly global world, New Zealand is able to compare its own laws with other jurisdictions which help it to consider other opportunities when attempting to create new common law. Furthermore, international law can give New Zealand with interpreting certain laws when there is a gap in New Zealand law. Rather than thinking from the beginning, we can use international law to give us a framework for approaching novel situations....   [tags: Law, Common law, Human rights, Judge]

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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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Insider Trading Is A Public Company 's Stock Or Other Bonds Or Stocks Options?

- Insider trading Insider trading is sharing a public company’s stock or other bonds or stocks options by individuals with access to secret information about the company. This is considered illegal in many countries. The reason behind this is because it is not fair by the investors who don’t have such privileges to access this information as the investor with the inside information may potentially make far larger benefits that an ordinary investor could not make. It is claimed that illegal insider trading will increase the cost of capital for securities issuers and decreases overall economic growth....   [tags: Audit, Auditing, Internal control]

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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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The World Of Multinational Corporations ( Mncs )

- In the world of multinational corporations (MNCs) whose headquarters are based in the United States, the transfer of intellectual property and profits to tax haven countries has become a common and lucrative business practice. Through the use of foreign holding companies, or so-called “Controlled Foreign Corporation (CFC)”, MNCs have been able to generate higher profits while avoiding high U.S. corporate income tax rates on worldwide earnings. Overall, 83 of the 100 largest publicly traded U.S. corporations have subsidiaries in locations listed as tax havens or financial privacy jurisdictions, according to the Government Accountability Office (Hirsch 1)....   [tags: Taxation in the United States, Tax, Corporation]

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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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Taking a Look at Cyberstalking

- Cyberstalking is a form of electronic crime by way of internet to harass or stalk their victim. Such acts can target an individual, groups, and even organizations.Cyberstalking can be carried out by a number of different electronic and digital threats. Most commonly cyberstalking is known for its malicious intent to attack a victim through email, online chat forums and social media. However, “It may include the making of false accusations or statements of fact (as in defamation), monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information that may be used to harass.” ”Cyberstalking shares important characteristics wit...   [tags: electronic crimes, using the internet to harass]

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Three Trials for Murder

- Three Trials for Murder Police found Katie Eastburn and two out of three of her daughters stabbed repeatedly with their throats slit. Mr. Cone, a janitor the night the Eastburn woman was murdered, positively identified Timothy Hennis as the suspect. Hennis is a United States army sergeant who recently bought the Eastburn’s dog the night the girls were murdered. An eye wittiness identified Hennis as the man leaving the Eastburn’s home the night in question. Upon receiving a warrant, law enforcement searched Hennis’ home in search for any evidence....   [tags: katie eastburn, testimony, double jeopardy]

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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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Creating A Better Status Of Force Agreement

- Solution 2: Creating A Better Status of Force Agreement During instances where the troop contributing country does not follow up on the allegation of abuses, the United Nations should focus on creating a model Status of Force Agreement (SOFA) that would be automatically applicable to all missions. This Status of Force Agreement would not include immunity to offenses that could be regarded as crimes that are deemed severe to humanity such as sexual abuse. The model Status of Force Agreement would include primary and subsidiary jurisdiction that is enforced over select crimes committed in the territory of the hosting state....   [tags: United Nations, Human rights, Peacekeeping]

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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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The Violation Of Criminal Justice System

- The law is one of the fundamentals in a country or state to ensure there is a peaceful existence among all people across all levels in a society. Our criminal justice system provides a system of practices that have the sole duty and responsibility of upholding social control, deterring and mitigating any form of crime. The criminal procedures with that system are the safeguards against indiscriminate application of criminal laws and the protection of suspects from malicious behavior from initial contact with police, to being arrested, trial, sentencing, and appeals....   [tags: Supreme Court of the United States]

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Union Unions And Its Effect On The Workplace

- According to Fergerson, (2012) unions are typically based on the idea that the sum of a group is greater and stronger than an individual hence workers come together with the aim of making collective decisions concerning their jobs as well as their working conditions. The result of which yields great benefits that the workers enjoy such a minimum wage, healthcare, overtime, workplace safety among others. It also goes without saying that members of unions do receive better benefits and even higher pays as compared to non-unionized workers....   [tags: Collective bargaining, Trade union, Employment]

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Legal Frameworks Of The Trinidad And Tobago Sexual Offences Act 1986

- In the Trinidad and Tobago Sexual Offences Act 1986 “prostitution” means the offering of the body by a person of either sex for the purpose of arousing or gratifying the sexual desire of another for payment in return. However, definitions can range from specifying sexual acts and goods that can be exchanged to broader definitions referring to a business transaction that involve, helping the person paying to attain sexual gratification . The optimal legal framework for dealing with the problems associated with prostitution is currently involved in a heated debate....   [tags: Prostitution, Sex industry, Decriminalization]

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A Brief Note On Tourists With American Children

- Tourists with American Children These days all over the news, we can hear about the immigration issues in the United States of America. The issue that had been mentioned by most of the 2016 Presidential candidate especially Republican candidate, Donald Trump. The 14th amendment grants citizenship to “all persons born or naturalized in the United States,” (US Cons.), and that is what causes the birth tourism or in other word anchor baby. As definition “"Birth Tourism,"[is] the practice by which foreign women travel to the US to give birth to their babies and grant them the American citizenship.” (Quintana), and the term “"Anchor baby" has become a term used by anti-immigration propo...   [tags: United States, United States Constitution]

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The History of Police Agencies and Different Types of Law Enforcement

- ... Generally, modern policing in the United has been shaped by the early English police styles (“The History of the Police”, n.d.). This is primarily because the first organized policing agencies were witnessed in the early 1800s but experienced many challenges. During these early years of policing in England and colonial America, citizens were in charge of law enforcement in their communities. The early English police styles were known as kin police where citizens were responsible for looking after their relatives or kin....   [tags: suty, service, society, crime]

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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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Canadian Charter Of Rights And Freedoms

- The Canadian Charter of Rights and Freedoms The repatriation of the Constitution and the addition of the Canadian Charter of Rights and Freedoms in 1982 have had a tremendous influence on federalism in Canada. While this was created by the Canadian government, enforcing it and holding people accountable to it is the role of the judicial system. Of course, this means that much like the rest of the Constitution, the Charter is able to be interpreted by judges. Going back to the living tree doctrine of judicial decision making mentioned earlier, judges are given the leeway to make their own decisions based on numerous factors instead of just on the laws themselves and what the authors initiall...   [tags: Canadian Charter of Rights and Freedoms, Canada]

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Judicial Precedents

- Judicial Precedents Describe judicial precedents. Discuss the different ways case laws can be superseded and quote some examples. Answer for question 2 Judicial precedent can only operate effectively if the precise legal reasons for the past decision are known. The reasons for the decisions are known as ratio decidendi ‘reasons for deciding’, and it is this part of the judgment that is binding. Everything else said by the judge is obiter dicta, ‘by the way’ which can be persuasive but are not binding....   [tags: Papers]

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Questions On Online Dispute Resolution

- WEEK 4 – DISCUSSION. Online Dispute Resolution What do you see as the advantages and disadvantages in applying online Dispute Resolution. Please provide the details of your reasoning for your response. Doing online business is a very convenient way to buy products with just a click of the mouse. However, when we click that mouse, do we know what organization we are purchasing from. When purchasing online, you cannot see the condition of the product. Such as the quality, size, and is it actually what you are purchasing....   [tags: Dispute resolution, Mediation]

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Quattroporte is in a Stage of High Growth

- To come to a recommendation we compared each jurisdiction using the seven risk factors identified in Table 1.1. As such, each factor was assigned a value from 1 thru 5, 1 being very low risk and 5 being very high risk. This risk analysis allowed us to identify which jurisdiction provided the least amount of risks based on the selected criteria. Such data provided valuable insights into the relative stability of the economies as a whole, their ability to keep taxes low, the repatriation of funds back to the head office and highlights known risks associated with each country....   [tags: Organizations, Company, Outsourcing Strategy]

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The Constitution and Individual Rights

- The Constitution and Individual Rights In the 1780s, many people agreed that the Articles of Confederation were not a strong enough plan of government for a newly born nation. Even though The Articles of Confederation won the Revolutionary War, there were many problems with the plan of government. The Articles of Confederation was made to prevent a strong national government and it only gave each state one vote in the Confederation Congress. It could not raise money and it only had one branch, the Legislature....   [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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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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The History of Traditional and Same-Sex Marriage in the US

- According to the federal government of the United States, the definition of the word “marriage refers only to a legal union between one man and one woman as husband and wife, and the word spouse refers only to a person of the opposite sex who is a husband or a wife” (1 U.S. Code, 2013, p. 1), However, there is no national law prohibiting or allowing gay marriage. Because America shares its government power equally between the national and state government, gay marriage is being legally allowed on a state by state basis, with 18 out of the 50 states now having laws allowing same sex couples get married (CNN, 2014, p....   [tags: legislature, politics, federal policies]

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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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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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Cooperative Enforcement: The Tainan Example

- 5.2 Cooperative Enforcement: The Tainan Example As analysed above, Taiwan’s environmental criminal law enforcement faces some common problems. Since 2005, there has been a new cooperative enforcement model run by the Tainan Local Prosecutors’ Office voluntarily. Three prosecutors in the Tainan Local Prosecutor Office were interviewed and it was realised that this model may provide many solutions to the problems identified in this research. Figure 5.2 A Successful Cooperative Enforcement Model in Tainan City, Taiwan Tainan, an old cultural centre in the southern part of Taiwan, has increasing industrial pollution....   [tags: Criminal Justice]

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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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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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Same Sex Marriage Is A Controversial Social Issue

- Same sex marriage has been a controversial social issue that arose from a few states to nationwide within a few years, but the public opinion on this topic has evolved over the course of time. The originally definition of the word marriage was described as “a socially or ritually recognized union or legal contract between husband that establishes rights and obligations between them, between them and their children, and between them and their in-laws” (Haviland, Prins, McBride, & Walrath, 2010)....   [tags: Same-sex marriage, Marriage, Homosexuality]

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Virtual Organization E-Business

- Virtual Organization E-Business Marshall Industries has been making its mark as one of the first company to provide distribution of electronic components by conducting e-business on an international basis. Like many other company in its century, technology have played an important part and changing the way and giving many options on marketing and service a business. Countless businesses have taking a piece of the pie by taking advantage of the world wide web to conduct their business to a broader list of clients and taking their business out of the box....   [tags: Marshall Industries Case Study Analysis Virtual]

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The Voting Rights Act Of 1965

- On June 25th 2013, the United States Supreme Court ruled by a 5-4 vote that section 4(b) of the Voting Rights Act of 1965 is unconstitutional due to the fact the coverage formula is no longer valid because it is based upon 40 year old data and that it no longer responds to current needs. Shelby County v Holder regards the constitutionality of two provisions section 4(b) and section 5 of the Voting Rights Act of 1965. Section 5, of the Voting Rights Act of 1965 requires certain states to obtain federal preclearance before any state tries to implement any changes to their voting laws or practices....   [tags: Supreme Court of the United States, United States]

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Procedural Steps in a Criminal Trial

- Every society is faced by a fundamental problem of achieving social control that protects people’s lives and properties as well as establishing desirable levels of order, accord, security and courtesy in the society. Societies, therefore, have developed informal methods of attaining this control where family structures, norms and religious precepts are included. Law is established in contrast as a formal method of social control. Law is then said to be a set of rules that is prescribed and implemented by government to regulate and protect the society....   [tags: Social Control, Protocol]

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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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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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- The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their subjects; and to controversies between the citizens of one state and citizens of another state....   [tags: essays research papers]

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The Juvenile Incarceration Of Juvenile Offenders

- The Juvenile Prison System in America One of the most debated topics in our country is that of the American prison system, and where juvenile justice fits into the equation. From that topic, there is one main question that arises; should someone who is under the age of 18 be placed in a formal prison system where they will pay for their poor choices as a child well into adulthood. Many people argue that placing juvenile offenders into a lock down facility like prison only hardens the young into a lifelong pattern of criminal behavior, not to mention the psychological damage done when sexual or physical abuse occurs....   [tags: Crime, Criminology, Prison, Childhood]

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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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Law: Alternative Dispute Resolutions

- Law is defined as any system of regulations that governs the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience ( This means that laws were created as fair system to help society to keep the peace, shape morals, support social policies, encourage cooperation between different entities, and to maximize individual freedoms. This case in particular involves a breach of a service contract between James’ painting business and Stan....   [tags: regulation system, community, justice]

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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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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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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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Native Sovereignty

- Native Sovereignty In the following assignment, I will discuss the issue of native sovereignty in Canada, and address the question; "Can native sovereignty coexist with Canadian sovereignty?" To answer this question I will summarize two articles that discuss the issue. The first by John A. Olthius and Roger Townshend entitled "The Case for Native Sovereignty", and the second, by Thomas Flanagan, entitled "Native Sovereignty: Does Anyone Really want an Aboriginal Archipelago?" I will be taking the position against the coexistence of native sovereignty with Canadian sovereignty....   [tags: Papers]

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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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Essay On Juvenile Delinquency

- Juvenile delinquency is antisocial and criminal behavior committed by persons under the age of 18. Once adolescents reach adulthood, antisocial and criminal behavior is known as a crime. Juvenile delinquency is made up of two general types of behaviors, status and delinquent offenses. Status offenses are behaviors that are considered unhealthy for children and the behaviors are prohibited because of the age of the offender. Thus, if these behaviors are committed by adults, it is not illegal. Examples of status offenses, includes smoking or using tobacco, drinking or possessing alcohol, running away from home, truancy or nonattendance at school, and violating curfew....   [tags: Crime, Criminology, Juvenile delinquency]

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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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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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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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The Federal Court System

- The Federal Court System Chapter 18 Sections 3 and 4 I. The Supreme Court A. The supreme court of the United States is the only court specifically created in the constitution a. Chief Justice of the United States b. Eight associate justices II. Judicial Review A. 1st asserted its power of judicial review in the classic case of Marbury vs. Madison in 1803 a. aftermath of the stormy election of 1800 b. Provision of the Judicial Act of 1789, in which congress had created the federal court system....   [tags: essays research papers]

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The Modern Of Modern Judicial System

- 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]

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Juvenile Court

- The first juvenile court was established in Illinois in 1899. In the late 18th century children as young as seven could stand trial in criminal court and could be sentenced to prison or death. The perception of children was later changed and they were viewed as persons with undeveloped moral and cognitive capacities. This allowed the state of Illinois to intervene in the lives of children providing protection and care or supervision. The mission to help children in trouble was clearly stated in the laws that established juvenile courts....   [tags: Criminal Justice]

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The Fathers Of The Canadian Government

- The fathers of confederation in Canada’s beginning stages had a very specific mindset while creating the country in which we know today; to create an empire without following in the same footsteps as our neighbours the United States of America. Throughout this essay this statement will be proven by delving into the relations these both countries hold with their predecessor; England, by discovering their constitutional differences, and by analyzing matters surrounding the different uses of division of power....   [tags: United States, United States Constitution, Canada]

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Analysis Of The Article ' Anchor Babies '

- Nichole Tavenner Political Science 2201.101 S. O’Sullivan June 26, 2014 “Anchor Babies” “Birthright Citizenship” and the Fourteenth Amendment 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....   [tags: United States, Immigration to the United States]

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The Case For The Death Penalty

- After the arrest of Jesse James for killing a police officer, the case is ready to take off. The prosecutor is at the center point of the case together with the defendant who action is put before a court of law for the hearing. In this case, Jesse James is the defendant and who is required to face the court for the hearing of the charges that involves killing a police officer. The case qualifies for the for death penalty but in a way or the other there is no need to move the case to the death penalty despite the provision by the state law to move the case under special circumstances as a processes of death penalty....   [tags: Jury, Court, Judge, Appeal]

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Judicial Process of the Supreme Court

- Nature’s Judicial Process in the Supreme Court consists of decision-making; based on the jurisdiction of the Supreme Court. Although the Supreme Court has the capability to decide all extended cases; it also has the power to ascend under the Constitution, which allows the Supreme Court its jurisdiction in the Judicial Branch of government. The Judicial Process interpret the laws that are established in the Supreme Court; thus, allowing the Court to exercise its power by shifting its system under the Constitutional laws of the United States....   [tags: American Government, Supreme Court]

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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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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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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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Of the People, By the People, For the People

- A defining attribute of America’s system of government is the participation of the citizens in decisions. Unlike many countries in the world today, one dictator does not decide the path for the whole nation. People from ordinary backgrounds have the opportunity to have an affect on laws passed in our country. While voting is the more common form of exhibiting this privilege of participation, citizens also have the ability to run for offices in our government. The structure of our government is unique in that there are numerous offices to be held within our government which are relatively equal in power....   [tags: U.S. Government ]

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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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