Business Law Analysis
Supreme Court decision
Statement of Facts
The Tinker children (both under eighteen) were sent home from school for wearing black armbands that were designed to protest the Vietnam War. The school—the Des Moines school district—was accused of violating the students’ First Amendment right to freedom of speech. The school permitted several other political symbols to be worn, but the armbands that the Tinker children wore were directly forbidden by the school’s dress policy.
Cause of Action: The plaintiffs claimed that their First Amendment rights of freedom of expression/freedom of speech were curtailed by the school district
Relief Requested: Injunction to protect the children against punishment by the school district
Defenses Raised: The school district claimed that they had the right to maintain order in the school, and that dress codes were acceptable to maintain order in the school.
Issues
Point of Law: The First Amendment rights (particularly the freedom of speech/freedom of expression rights) of underage children in a public school district.
Key Facts: The school allowed other symbols of protest and other political symbols, but not black armbands. The students were punished for their participation in the protest. The student accepted the school’s punishment (suspension), but did not return to school for two weeks in protest.
Procedural Issue: The appellants claimed that the lower courts did not consider the Constitutional question.
Judgment: The Supreme Court decided in favor of the Tinkers. The case was remanded back to the lower courts.
Holding: Students do have the right of symbolic speech in a public school classroom/environment.
Rule of law: First Amendment, freedom of speech/expression clause
Reasoning: students are worthy of Constitutional protections against government intervention at school, because schools are run by the government.
Dissent: One dissenting opinion claimed that students were not wise enough to make good choices about their protest, and it would be disruptive (Dissenting opinion—Justice Black).
Personal Impressions: This is a good decision; if students are to grow up and be good citizens, they have to be able to exercise their capacity for political thought at a young age. Teenagers can be problematic and irritating, but part of school is learning how to be a good citizen. Political awareness is part of good citizenry.
Report on 637 N. Sheffield Chicago, Illinois 60613
GWR PROPERTIES LLC
908 W MADISON ST
CHICAGO, IL 60607-2633
Owner: GWR PROPERTIES LLC
2013 Real Estate Tax Owed: $72,984.61
Paid in two installments
2013 Real Estate Tax Paid: $72,984.61
No 2013 taxes delinquent.
2014 Real Estate Tax Owed: $40,141.54
2014 Real Estate Tax Paid: $40,141.54
No 2014 taxes delinquent as of April 2015
Mortgages against property: YES
Bank: Fifth Third Bank
Amount of mortgage: $1,300,000
Estimated Property Value: $1,300,000
Legal and Living Wills: Laws of Intestate Succession in Illinois
Young adults rarely give a thought to the issue of creating a will, but in reality, there are a number of important issues that need to be considered, even if an individual is young and in good health. Laws of intestate succession—that is, the laws that govern what happens to peoples’ estates if they die without a will—vary heavily from state to state, so it is particularly important to be well-read and informed on the laws of the state in which property is held. In the case of Illinois, the laws regarding intestate succession are particularly clear; this memo will discuss these laws, and the importance of creating a living will to protect one’s estate in the case of an untimely death.
In Illinois, the laws surrounding intestate succession are clear about what kind of property and assets are split among the living relatives. It is sometimes assumed that the living spouse will inherit all of the deceased individuals’ property and assets, but Illinois law takes into account all of the living relatives of that particular individual, not merely the spouse or legal partner. For single individuals, the laws governing intestate succession can become even trickier; this is why it is so important to understand the laws governing intestate succession, and prepare for the worst, even in the hopes that the worst never comes to pass.
The assets and property that are not passed by intestate succession in Illinois are properties that have been transferred to a living trust, life insurance, any kind of funds in a retirement account or 401(k), any kind of money, security, or property that is held by a transfer-on-death agreement, and property that is owned jointly with another individual or individuals through a joint tenancy agreement or business holding.
Noting that many of the students at this conference may be unmarried, the first topic that will be covered is intestate succession that occurs without a spouse or living dependent. A dependent is someone like a child, who the deceased had legal guardianship over. If the deceased has no spouse or dependents, but living parents, the parents will inherit all of the individual’s property and assets that are passed by intestate succession. If the individual has parents and siblings, each individual will get an equal share; if only one parent is living, that parent will receive double the share. This is to ensure the most equitable split of the property and assets that the deceased has left behind.
If an individual has a spouse but no descendants, the spouse will inherit all of the intestate property that the deceased has left behind. If there are children, the spouse and the children will split the deceased’s intestate assets 50/50. This is true of the legal children of the deceased, regardless of whether they are currently under the care of the deceased or another individual; it is also true that the children of the deceased, even if they are not the children of the deceased’s current spouse, will also be legally entitled to a portion of their parent’s estate if the parent dies without a will. Children who are adopted legally by another family are not necessarily granted an automatic share of the deceased’s estate; this is why it is so important to establish a written will and a living will.
Family dynamics are complicated, and there is no way that the law can ever encompass all the different dynamics that families have, and the legal system does not have time to sort through family drama at the time of an individual’s death. This is why writing a will is so important—it lays out exactly the wishes and instructions of the deceased in the case of untimely death. In addition, a living will can help an individual in the case of an extreme accident. A living will lays out exactly what interventions a person is comfortable with in case of medical emergency—it will protect the family, the medical community, and the individual against unwanted medical intervention and unclear intentions.
References
Cookcountytreasurer.com,. 'Cook County Treasurer's Office - Chicago, Illinois'. N.p., 2015. Web. 19 Apr. 2015.
