State Law Case Studies Samples For Students

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Introduction

Erie Railroad v Tompkins was a fairly simple case in which the Supreme Court was called upon to give an interpretation as to the application of state common law over federal common law in cases of diversity jurisdiction. In addition, the case is celebrated for its empowerment of the state common law as it clearly denied Congress the power to set federal common law, an action it perceived as unconstitutional.

Federal Court’s obligation to state court decisions prior to Erie Railroad v Tompkins

Before the decision in Erie, federal courts enjoyed the discretion as to whether to follow decisions from the state courts or not. Despite issues falling under diversity jurisdiction necessitating the ...

Brian Short v. State of Florida

The Main Issue
Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24).
Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

Calvin Stark tested positive for HIV in 1988 and received counseling on the infection which included a discussion of engaging in future safe sex, risks associated with the spread of the disease as well as the important of informing sexual partners of his infected status. Stark continued to engage in sexual practices in disregard of his counseling advice, as a result, a physician who had treated Stark issued an order for Stark to discontinue his practice. This order was issued according to a Washington State law which allows physicians to protect the health of others. Stark refused to cease ...

The board and the health officer should make sure that they have addressed the most urgent issues first. These should be the issues that if they are postponed they may affect the functioning of the whole health system under the jurisdiction of the board. The most important issue that the board should address is the budget. The health officer and the board should make sure that the budget has been presented, discussed, amended if necessary and approved. The county’s fiscal allocation process is coming up, and funding requests from the approved budget should be made. This means that ...

Introduction

The courts judicial review and constitutional interpretation has been a central rational objection for democracy. The regular judicial invalidation of policies passed by elected officials as a minimum brought up problems of democratic legitimacy. The rational objection, which has been brought up against a background over many years of the United States populist political argument, prompted the active use of the judicial power in constitutional interpretation give way to the decision of legislative and majorities. The courts power in striking down laws considered unconstitutional has been politically controversial throughout American history (Prakash, 2003). The judicial review power has become politically salient and ...