Your search returned 200 essays for "jurisdiction":
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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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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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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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Admiralty Outline

- Admiralty Outline Overview Admiralty is federal law, originating in Article III, § 2 of Constitution. i. First Congress included Cases of Admiralty/Maritime in Judiciary Act. ii. Supremacy Clause. b. If say that case is admiralty/maritime case, governed by admiralty law, is to say that substantive admiralty law applies. i. Differences: statute of limitations, comparative laws for recovery, etc. a. Main: trial by judge. From very beginning, admiralty cases are w/o juries. May be why someone brings suit in admiralty – to avoid the jury....   [tags: essays research papers]

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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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Australian Court Hierarchy

- The term “Court Hierarchy” is a very important word in the law world in modern society. It’s definition gives a very clear and concise meaning to the law industry. The phrase can be split into two words to be easily dealt and understood. The word “court” is from a Greek derivative “cohors” or “cohort” meaning courtyard or retinue. It’s definition from the dictionary certainly portrays the law as a very important and distinguished practice. “a. A person or body of persons whose task is to hear and submit a decision on cases at law.” “b....   [tags: essays research papers]

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Unincorporated Entity Registration

- Unincorporated Entity Registration Limited Liability Companies. A limited liability company is an unincorporated association which may be treated as a partnership for tax purposes by providing owners with limited liability similar to that available to shareholders of a stock corporation. A Virginia limited liability company is formed by fi ling articles of organization with the State Corporation Commission and paying a fi ling fee. Foreign limited liability companies may register in Virginia by fi ling an application for registration along with a copy of the articles of organization fi led in the foreign limited liability company’s jurisdiction of formation, duly authenticated by the Secreta...   [tags: Business Law Tax]

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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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The Absence of the Concept of Transferred Malice in Irish Tort Law

- The Absence of the Concept of Transferred Malice in Irish Tort Law Introduction The title of this assignment, which i propose that i shall be revisiting for the purposes of this tort project is that: “the concept of transferred malice is not accepted in Irish tort law” In dealing with this topic I will inevitably be looking at what a battery is, what is transferred malice, cases in other jurisdictions which have accepted the concept of transferred malice in tort law, transferred malice in crime and why it is accepted in criminal law, and finally my arguments as to why I believe it should be adopted into our jurisdiction....   [tags: Tort Law]

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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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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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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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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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Gay, Lesbian and Bisexual Issues - Same-sex Marriage, Two Moms or Two Dads

- Two Moms or Two Dads   Over the pas couple of decades American society has undergone some vast changes. The concept of the family has been greatly altered. No longer is such emphasis put on the "traditional" family. A majority of children are being raised in single parent households. Single parent adoption rights have been granted. Now an entirely new sort of family is being disputed. Should gays and lesbians be granted the right to adopt a child. Today's view of gays and lesbians is drastically differen t than it was in the past....   [tags: Argumentative Persuasive Essays]

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 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 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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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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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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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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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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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 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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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 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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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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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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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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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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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 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 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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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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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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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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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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The Legal Definition Of Crime

- The definition of crime in the social context is "that behavior which violates (goes against) societal norms". This can be somewhat misleading as societal views change over time and therefore such a definition is always susceptible to interpretation. The legal definition of crime is an act or omission that violates the law and is punishable by a sentence of incarceration. Substantive law consists of written statutory rules passed by legislature that govern how people behave. These rules, or laws, define crimes and set forth punishment....   [tags: Police, Crime, United States, U.S. state]

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Similarities And Differences Between Assault And Battery

- In this research paper it explains the fundamental difference and similarities between assault and battery and how they both affect a person against crime and their victims. Assault and battery are used to indicate an offense or just one.When dealing with the two offense battery has to occur when dealing with assault. Assault and battery are common law crimes that we have in the American jurisdiction system. The history about sex crimes such as rape and sexual assault and harassment goes back to the english days where rape was against property and not the person....   [tags: Human sexual behavior, Sexual intercourse]

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The International Financial Reporting Standards

- The International Financial Reporting Standards, or IFRS, are a major set of standards for accounting used outside of the United States. Multiple bodies, made up of accountants from multiple major economic markets, are involved in developing and publishing IFRS standards. Since the initial release of IFRSs every major continent has at least one jurisdiction using IFRS. In order to have one global and competitive market a unified set of financial reporting standards needs to be used. The International Financial Reporting Standards, influenced and accepted by accountants from around the world, are a promising start to a global set of accounting standards and the growth of a global market....   [tags: International Financial Reporting Standards]

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The Creation Of Cellular Back Doors

- On the creation of cellular back-doors; in regard to the Apple and FBI dispute The debate between libertarians and authoritarians regarding the violation of civil liberties to ensure national security is long lasting. It can be traced back to foundation of our country, but a new branch of the debate has just sprouted. This branch regards the breaching of cellular and electronic devices. Within the last 15 years the sale of cellular devices has skyrocket, according to Pew Research, with 91% of Americans now having this form of communications device....   [tags: Law, United States]

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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 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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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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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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The International Criminal Court ( Icc )

- The International Criminal Court (ICC) is dependent upon ratification from states that are willing to give up their own jurisdiction in order to have a stronger enforcement of international crimes. Without support from major states, the ICC will continue to struggle in following through with its promise to promote its main purposes, “justice, peace, and stability” (Simmons, 226). The International Criminal Court has many merits, but also has many weaknesses, but based on the provided articles, I personally believe that the International Criminal Court is an organization worthy of my support....   [tags: Human rights, Law, International Criminal Court]

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The Law Has Over Citizens

- Jurisdiction the Law has over Citizens What would the world be like is there as absolutely no law. A recent movie, The Purge, clearly depicted the total anarchy a world without law would create. The Purge allowed people to see what a night without order, control, or protection from the government services would look like. The movie included mass destruction of property, murder, theft, and other examples of total anarchy. In order to prevent such mishap, we, as citizens, allow the Law to have jurisdiction over us based on certain grounds....   [tags: Law, Human rights, Ten Commandments]

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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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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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Newborn Twins Zoe And Thomas Quaid

- During the month of November 2007, newborn twins Zoe and Thomas Quaid was hospitalized due to a staph infection at the Cedars-Sinai Hospital in Los Angeles, California. November 18, 2007, the physicians who prescribed 10 unit/ml of Hep-lock to ensure that the IV line was clear, although hospital staffs made a “medical error” and gave 10,000 unit/ml of Heparin as an alternative. On December 4, 2007, plaintiffs filed a two-count grievance against Baxter asserting stringent liable and negligent. Plaintiffs purported that the 10 unit/ml vials of Hep-lock and 10,000 unit/ml vials of Heparin manufactured by defendant was in a arbitrarily dangerous state due to the labels of both vials consisted of...   [tags: Appeal, United States, Court, Plaintiff]

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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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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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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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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 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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