Essays on Appellate Court

Introduction

One of the most common strategies of criminal defense attorneys when representing a defendant who has an unusual condition such as a mental abnormality, is to argue either that regardless of their actions, they are nevertheless not responsible for the crime or that they never had the capacity to commit a crime. The reason that criminal defense attorneys can make these arguments is that criminal law recognizes a number of unique situations where otherwise criminal conduct should not be subjected to a determination of guilt and the offender should be exempted from the crime (LaFave, 2000). These arguments, which ...

Castore v Tutto Bene Rest. Inc. (2010 NY Slip Op 07695 [77 AD3d 599]).

Plaintiff: Emmy Castore, Appellant Defendant: Tutto Bene Restaurant Inc., dba Chelsea Restaurant, Respondent.

Procedural History:

Castore brought suit in the Civil Branch of the Supreme Court, New York County. The plaintiff sought damages for injuries she sustained as the result of a slip and fall that occurred on Defendant’s premises. The defendant moved for summary judgment to dismiss the complaint. The motion was granted unanimously by the Supreme Court. The case was then brought before the Appellate Court, First Division.

Facts:

The plaintiff contended that the defendant ...

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

(Author’s Full Name)

A Personal Opinion In the United States, local government plays a vital role in the development of counties, municipalities, and districts. These governments work below the state level and usually serve as the “middleman” between the state government and the local residents. Besides the all- purpose local governments, there may be unique purpose local governments which serve a number of purposes; such as maintaining the sewerage system across a municipality or township, overseeing public transportation, establishing districts for fire protection and engaging in other public works. In Texas District 9, the local government manages district ...

886 F.2d 14 28 Fed. R. Evid. Serv. 823

v.

BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens,

The Old Country, Defendant-Appellee No. 138, Docket 89-7378.

United States Court of Appeals, Second Circuit.

Argued Sept. 13, 1989.Decided Sept. 15, 1989

Summary

On August 23, 1986, Willie Mae Gray and her two daughters went to Busch Gardens, an entertainment park in Williamsburg. She boarded a small train and tumbled off and harmed herself. Busch Gardens representatives dispatched a medical aid group to the site and called an emergency to evacuate her for medical attention. One of Plaintiff's Daughters accompanied her to the hospital while the other went to record the incident with the nurse. The records ...

In the criminal justice system, there are different types of courts used. The two courts that will be discussed is the trial courts and the appellate courts. Even though these two courts are used in the legal system, they are not completely the same type of court procedures. The different types of cases can be heard at different levels depending on which court is needed for the case. The process of each court and the way the rulings are performed are not similar. A trial court is where most cases start their proceedings. “In a trial court hearing, both ...

Briefing Paper 1

a.) The “act of state doctrine” provides that a court in the United States, cannot pass judgement on the actions of a foreign government taken within their own country or territory that it has jurisdiction over (Cheeseman, 2012). In essence, the doctrine bars U.S. courts from interfering in the domestic policy actions of another government in their own country. b.) Under a communist theory of the world, the government of Cuba did act ethically when it appropriately the Glens’ property. From an American perspective, the expropriation was not only ethically questionable but most likely illegal. Club Med, under the ...

Introduction: According to the rules of the Memphis, Tennessee Police Department and the law of Tennessee, a police officer can use deadly force in apprehending a fleeing felon after exhausting all reasonable efforts to apprehend him. The police department authorizes a police officer to enforce the shoot-to-kill policy instead of just wounding the felon. Is this act constitutional? The aim of this paper is to explain to the readers why the police officers in the Tennessee v. Garner case violated the Constitution by using deadly force against Garner. Thesis: Are the Memphis police officers liable for using deadly force ...

Procedural History: The National Football League (NFL), alongside other 32 separately-owned NFL teams sought a stay of order from the appellate court following an order from the state district court of the district of Minnesota enjoining lockout of players following an expiration of collective bargaining agreement (CBA). The order had far-reaching implication on the national football league as most of the team members of various clubs will not participate in the next matches as their contract expired. NFL was going to suffer a massive loss which according to the management of the league, the loss will not have any ...

Part 1: Prosecutor’s Duty to Report

Although the American criminal law is based on the adversarial system where the prosecutor, representing the state, and the defense, representing the accused, engage in openly confrontational activities in order to persuade a neutral decision-maker of the truth of their story; the Supreme Court has held that under some circumstance, and despite the adversarial nature of the relationship, the prosecution must assist the defense in the preparation of their case. The underlying reason for this counter-intuitive element of the adversarial system, is the traditional belief that the substantial power of the state, as expressed through its law enforcement and ...

Legal citation: 199 N.J. 319, 972 A.2d 387 Legal history: In April 2006, the Board brought an action in order to restrain arbitration before the Chancery Division. The Chancery Division granted the Board’s request and permanently restrained arbitration. The Association appealed this decision and the Appellate Court affirmed. Facts: Plaintiff School Board hired defendant Gonzalez as a non-tenured custodial employee. Before assuming the position, the defendant signed a contract which provided that the employment was “at will” and could be terminated at any time by either party through 14 days notice written notice. A few months after Gonzalez ...

Facts: Sheriff Joe Arpaio installed a number of internet connected cameras (webcams) in his jail. The cameras provided 24-hour real-time coverage of what was happening in the jails to any with internet access. The main use for the jail was to provide pre-trial detention suspects and defendants who were awaiting the resolution of their cases or other disposition. That is to say, the detainees in the jails might have been charged with an offense but had not been convicted of any crime. Arpaio’s ideas for installing the webcams was to provide the community and wider public of what ...

Although the American criminal law is based on the adversarial system where the prosecutor, representing the state, and the defense, representing the accused, engage in openly confrontational activities in order to persuade a neutral decision-maker of the truth of their story; the Supreme Court has held that under some circumstance, and despite the adversarial nature of the relationship, the prosecution must assist the defense in the preparation of their case. The underlying reason for this counter-intuitive element of the adversarial system, is the traditional belief that the substantial power of the state, as expressed through its law enforcement and ...

The Court of Appeals should reverse the district court’s decision, and grant to Ms. Eriksen a motion for preliminary injunction, because Ms. Eriksen engaged in constitutionally protected free speech. This case encompasses the violation of First Amendment rights and this court ought to “conduct an independent examination of the record as a whole, without deference to the trial court.” Bery v. City of N.Y., 97 F.3d 689, 691 (2d Cir. 1996). For the First Amendment issues, the appellate courts must make an independent inspection of the whole record in order to ensure that lower court decisions do not ...

1.0 Germany Germany is a democratic and social federal Nation with 16 states[ CITATION An10 \l 2057 ]. The government of Germany is structured in three independent arms (Executive, Legislature and Judiciary). The 16 states (Länder) are each governed by a parliamentary system (Land government). Members of the state legislature are elected directly by popular vote. A minister president appointed by the largest party or coalition of parties leads the Land government and appoints the state cabinet. The state governments are fairly independent from the federal government with the federal government playing more legislative roles and the state government mainly ...