Federal Court College Essays Samples For Students

The congress splits the country into territorial district. After splitting, the congress creates federal court that is functional in every district. The structure is headed by the Supreme Court, thirteen court of appeals, 94 districts (reflecting the total number of districts) then two special courts. According to the constitution of United States, congress has the power to create and abolish any federal court. The structure of the federal system has direct influence on the process of application of the bill of rights. Well, in this paper, we are going to discuss how the structure affects the application of bill ...

In this case, Jones plays a very significant role in helping the undercover agents to find more information about the practice of selling cocaine by Thompson and Smith. Although he was guilty of committing the offense himself, he is in an agreement with the detectives to the effect that they will not prosecute him to drug charges. To let him free because of the agreement will be a tough call. The best solution would be to file his charges in the city of Wichita. Taking him to the federal court would certainly mean he faces the maximum sentence (Luna, 2013). His ...

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How you would respond to towards the question, answers there are so many factors that influence whether a criminal transgression will be tried by the state or federally, and it can get somewhat confusing. I hope everyone reads your post because you were able to put it in a way that anyone could understand it - I tried, but I was all over the place in my attempt.
There are many reasons as to why a criminal case can be tried in a federal court and not a state court; one of the main reasons is the magnitude of the crime. This is ...

Federal and State Courts

The federal and state courts acquire their authority from the constitution of United States. This authority is however acquired through several ways. The federal court system is headed by the US Supreme Court. This court gets its authority directly from the constitution. The authority and jurisdiction of federal courts under the Supreme Court is acquired through precedents that have been set by the Supreme Court usually through the doctrine of Stare Decisis and also through Congress (Meinhold & Neubaeur, 2012, p. 54). This also indicates that federal courts are governed by constitutional and federal law. The structure and rules ...

Introduction

Gender equality is one of the most controversial and complicated issues that have plagued human societies for many years. In fact, the issue regarding gender equality has been an age-old problem that have prevailed even in the contemporary society. The problem in gender equality lies on the concept of equality itself, primarily because the concept of equality is too broad to be explicitly defined. The case of Stella Bliss, for example, is a manifestation that the concept of equality is subjective and depends on the prevailing perception on equality. According to the merits of the case, Stella Bliss, a ...

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The federal court system is national in scope and offers many advantages over the individual state systems. Discuss some advantages and disadvantages to proceeding with a federal criminal prosecution as opposed to a state prosecution, providing that there is concurrent jurisdiction.
The advantage of a federal court is that the investigations are more thorough and precise. Even the smallest details will be focused on. The other advantage is that the case is not likely to be influenced by local politics or even local beliefs. This is because at the federal court only facts are used and are considered and not about ...

1. How does a Federal court decide on the admissibility of scientific testimony?
Federal courts follow a set of universal guidelines termed as the Federal Rules of Evidence, governing the admissibility of scientific testimony . Although all federal courts abide by the Frye standard, they may not necessarily interpret the meaning in the same way. The federal courts follow the Daubert’s standard, which contains two components . The first element is the fact that to be regarded relevant, a scientific testimony should ‘’logically advance the material component of the case”. The second element of the Daubert’s analysis targets the reliability of ...

Introduction

The Administrative Appeals Tribunal was established under the Administrative Appeals Tribunal Act.The AAT derives its mandate from both the Administrative Appeals Tribunal Act and the Administrative Appeals Tribunal Regulations of 1976. The following discourse will focus on the mandate of the AAT in the light of the power to review the merits of administrative decisions of institutions. The paper indulges in a discussion on the institutional framework of the Administrative Appeals Tribunal, which characteristically distinguishes it from the ordinary court system. Moreover, it examines whether or not the AAT has been removed from the bureaucratic system and concludes by appraising ...

Executive Summary

The President, Board Members, CEO and CFO of the Centro Group were sued in 2008 by the Class Action specialist legal firms Maurice Blackburn ( backed by IMF1 Australia) and Slater & Gordon. The case was slapped on the grounds of release of false and misleading financial information to the investors and ASIC2. Centro had overlooked certain interest bearing short-term debts, and had shown them as long-term debts. The report said nothing about the fact that the company may not be able to refinance this total liability of $2,700 million. The company was thus alleged to have issued misleading and ...

Interaction between the three branches of power

"Trias politica", as it was formulated in the 18th century, includes separation of powers between the legislative, executive, and judicial branches of government (Peterson). An important element in it is the system of checks and balances, which guarantees that none of the three should dominate the others. This is ensured by empowering each branch to have its own set of powers (balances), and some of the competencies of each branch make sure that another branch doesn't abuse its power (checks). Here are just a few examples:
Checks on the executive branch by the legislative branch: The Congress can override ...

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990.
The FAA provides the guideline for the enforcement of arbitration agreements ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

The use of marijuana has remained on the balance with different states making it legal for both medical and recreational reasons. The medical aspect of marijuana has been subject to debate for several years as many under the American constitution. It remains critical to the understanding of users as well as potential businesspersons to follow the laws regarding the handling of marijuana laws. Given this, the federal legislation has always prohibited the use of marijuana with very few exemptions. There are often several challenges when it comes to licensure and legalization of marijuana. It has high potential for abuse ...

Introduction to Travel and Tourism, Hospitality and the Judicial Process

1. A. In this case, Hanna can claim for the damages for the sufferings she met owing to the incompetency of the hotel. Hanna can claim for the compensatory damages, that will include the out-of-pocket medical expenses incurred, lost wages and damages for the mental and physical agony suffered. She is also eligible to claim for the damages due to loss of enjoyment in life, loss of consortium or companionship, inability to engage in sexual activities during the recovery period, loss of services that will include loss of aid, companionship and assistance of the parent or another person, etc. .
...

(1). As set forth in the Constitution and through judicial interpretation of the Constitution, the Supreme Court plays a number of important and necessary political and legal roles. First, it is one of the three branches of the federal government. Accordingly, as provide for in the Constitution, it is an essential part of the system of checks and balances that guarantees that no one branch is able to become too powerful. In this role, the Supreme Court may check the power of the Congress or the president through the determination of whether their actions abide by the Constitution. A ...

The legal principles of the United States were originally derived from the English and French legal systems, (Federal Judicial Center). Before that, those European systems were derived from Roman Law, (Federal Judicial Center). However, the system that we see in place in the United States today is derived from the United States Constitution, (Federal Judicial Center). The courts that comprise the federal and state systems are outlined in the Constitution. The Constitution essentially lays out the framework and limitations that the courts of the land can take. It is up to the Congress and the individual states to exercise ...

Indeed, the judge stepped over the line when he criticized the mother of the offender. The rationale behind it is that the mother is innocent with regard to the crime, and might have raised her on in a good way, but the son might have failed to listen to her. The judge has a right to pronounce a sentence as a punishment to the sexual offenses committed by the offender. However, he can only accuse the mother or parent of the offender upon realizing that the offender had been behaving in the same manner in the past and under the watch of the ...

Explain why individual rights and public order perspectives are such contentious issues in contemporary American Society

Individual rights are such a contentious issue in contemporary American Society because some laws cannot be interpreted in the same ways for all the cases. Individual rights have been outlined by the Founders and written in the Bill of Rights. The Founders believed that an individual has a right for freedom of speech, religion, press, as well as the freedom for unreasonable searches. Besides, an individual has social, political and economic freedoms. Nowadays, there are many cases, in which the individual rights have been violated (for example the cases of unreasonable searches and seizures). However, the trial did not take into ...

Question 1

After every two years in America, a class of newly elected senators takes office at the capitol thus assuming the duties and responsibilities of the U.S Senator. The job of the senate is to serve the interests of their Congressional district citizens by introducing bills into the committee and serving on the committee. There are at least 26 committees in the House of Representatives and a number of subcommittees. On the other hand, there are there are 20 committees in the Senate and 68 subcommittees. The senate further has four joint committees in its docket to help it in the simple ...

Following the filing of the complaint with the EEOC, the body will begin a fact-finding investigation of the organization and the human resource manager. In the course of the investigation, EEOC will ask the company to issue a statement to make its stand known on the matter; giving the firm a chance for defense and to go on record and state what they think happened in regards to the complaint logged. EEOC will further go ahead and sort the statement of the victim in an effort to try and unravel what truly unfolded. However, the EEOC will conduct a ground visit to the ...

Question No. 1 Evolution of Federalism

One aspect of federalism that evolved through time is the jurisdiction of federal courts. In Chisholm v. Georgia 2 U.S. 419 (1793), an out-of-state citizen sued Georgia for unpaid supplies delivered during the Revolution. The Court held that such a claim could prosper in a federal court, but Justice Iredell dissented on the grounds that the state should not be subjected to a lawsuit unless it gives its consent under the common law concept. Georgia, therefore, did not have to defend itself in a private federal court action. The case inspired the passage of the 11th Amendment, which precluded federal courts from hearing ...

On May 14, 1787 only two delegations, Virginia and Pennsylvania were in attendance to revise the Article of Confederation and 11 days later five more states were present. Over the course of time seven other states participated through 74 representatives, of which 39 actually placed their names upon the document that would be known as the United States Constitution. These four pieces of paper outline and clarify how the country is governed and are the oldest document of this nature still in effect throughout the world. It has become a model for other nations to heed and a symbol for Western ...

The powers of the presidency have changed since the office was established with the writing of the United States Constitution. Some of these changes have involved the ways in which the president uses the influence of the executive branch on judicial nominations, the way in which the role of the commander-in-chief is used, and the manner in which the president is involved in the war powers since 1973.
Part of public policy is influenced by who is sitting on the benches of the federal courts and the Supreme Court. Part of the role of the president is to ...

Facts: Mr. Bormes, an attorney sues the Federal Government of the United States of America (USA).

Issue:
Mr. Bormes files a suit case against the US Federal government for allegations that the receipts he received for the payment of the payment for his client’s Federal Court filling fee for the pay.gov was not a violation of the Fair Credit Reporting Act (FRCA) of 1681 because it included the last four digits of his credit card. In his argument, this was a violation of his right.
Rule: the case was argued upon on 2/10/2012 and decided upon on 11/13/2012. It was rejected by the Federal Court decision on this day.
Procedural History: Mr. James Bormes’ ...

Individual liberties in the United States (U.S.) would be at a loss without the writ of habeas corpus as provided in the U.S. Constitution. Any American citizen who has experienced trouble with the law recognizes it and is granted this right to appear before a judge first and foremost above anything else. However, even non-citizens of the U.S. detained in the war on terror have been granted the right of habeas corpus as determined by the U.S. Supreme Court. As a result, some of the detainees released have gone on to plan more violence against the U.S. Therefore, the writ of habeas ...

Introduction

Criminal justice system is a classification of laws and institutions directed to safeguard citizens and their property by perpetuating social control, preventing and alleviating crime. It verifies whether an action is an offence or not to the community. In Australia, everyone is presumed to be innocent until proven guilty by the law. As such, the law sanctions lawbreakers with criminal penalties and rehabilitation efforts. The fundamental advantage criminal system of justice is that the accused cannot prove their state of innocence and it is the sole purpose of the state, via the prosecutor to determine the guilt (Daly, Israel, & Goldsmith, ...

1. If you were a president who was a loose constructionist and you were trying to nominate a federal circuit judge to the NC bench what would you consider when making that ruling.
I would look at how closely they would adhere to the Constitution, looking specifically for people who would shape their rulings on their own convictions, and not necessarily following the interpretations of the Constitution to the letter.
2. Make a list of all the people or groups that could derail a Federal court appointee.

Senate, President, advocacy groups, lobbyists, Senate Judiciary Committee, the Department of: Justice

Supreme Court Appointments

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