Essays on Court Of Appeals

Chapter III

This chapter will review the background of Real Property Law in the Kingdom of Saudi Arabia. In order to lay the foundation for comparisons in subsequent chapters, the elements of the Saudi judicial system and real property law will be reviewed. The background information pertaining to Saudi Arabia will feature the judicial court system, the property rights and real property ownership. A review of the current mortgage law in Saudi Arabia will be analyzed as well as possible reform to include the application of anti-deficiency laws.

Introduction

Saudi Arabia is governed by a monarchy. Its current legal system under the ...

Shaw v. Murphy 532 U.S. 223 (2001)

While Kevin Murphy was in the Montana State Prison, he became aware that a fellow inmate had been charged with assaulting an officer. He wrote and sent a letter to the prisoner offering to assist the accused inmate with I legal defense. However, as is the norm in prison the letter was intercepted and on the basis of the content of the letter, Murphy was sanctioned by the prison for violating the prison rules that prohibit insolence and interference with the due process hearings. Following the sanctions, Murphy sought a declaratory and ...

The case in question represents Abigail Fisher, a white female who was denied admission at the University of Texas since she failed to qualify for the Texas Top Ten Percent Plan. She argued that the university considered many factors to fill the remaining slots including race, which was against the equal protection clause of the fourteenth amendment. The district court, court of appeals and Supreme Court held that the university's admissions process was constitutional (Liptak, 2016). Some judges including Clarence Thomas, Samuel Alito and Chief Justice John Roberts voiced their dissent regarding the ruling. The attorneys, in this case, ...

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 ...

601 F.2d 516 (10th Cir. 1979) Summary of the Key Facts: During the 1970s Dale Hackbart played for the Denver Broncos football club as a defensive back. At the same time, Charles Clark played for the Cincinnati Bengals football club as a running back. In a December 1973 game between the Broncos and the Bengals, out of frustration for a turnover by his team, Clark deliberately struck Hackbart on the head and neck away from play in manner that was later deemed a personal foul and dangerous (Hackbart). However, as no official saw the act, Clark and the Bengals ...

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 ...

Pattern of Problems with the U.S. Department of Veterans Administration Health Care System

Abstract The United States Department of Veteran Affairs has established 151 hospitals, 820 community-based outpatient clinics, and 56 regional offices. In addition, it established about 300 well-established veteran care centers in the United States in 2013. It was started to cater to the medical needs of veterans and their families that is wives and children after the World War 1. The federal government established the first residential medical center in 1811 but started no national efforts that were aimed at helping the veterans. The committee is ...

Comparison and Analysis of the Case of the Exhibition of Andres Serrano and Andres Serrano’s Winning Piece (Piss Christ, 1987)

Comparison In the case of the rejection of Andres Serrano’s exhibition in Australia, there are concerns over Andre’ work ‘Piss Christ’ from several religious stakeholders. A representative of the Australian Catholic has requested the Australian Supreme Court to ban the image claiminghat it is a form a blasphemy that cannot be tolerated by Catholics across Australia. Supporting his arguments with the Summary Offenses Act, Dr. Pell mentioned that Andres Serrano’s work was obscene and indecent to be exhibited in a National Art Gallery. However, certain religious stakeholders on the other hand, believes that the photograph was a ...

Dennys Rodriguez v the United States 575 U.S. ___ (2015)

The United States Supreme Court The Supreme Court of the United States The Judge Writing the Decision Justice Ruth Bader Ginsburg Facts of the Case/Brief Summary The main issue for the court’s determination here was the constitutionality of an extended traffic stop, search, and seizure using a law enforcement officer’s detection dog to cover areas not initially covered by the reasonable suspicion of an offence having been committed. The brief facts are that the appellant was driving in violation of the laws of Nebraska State. Officer Struble ...

This paper will summarize the legal issues, reveal the outcomes, and formulate a rationale for how the court reached its decision in three separate special education policy reviews. The cases to be reviewed are; 1) Doug C v. Hawaii, 2) PV v. Philadelphia and 3) Phyllene W. v. Huntsville City, AL, Board of Education. These cases will shape the futures of children with special needs and how they interact within their schools. Each case deals with laws that are already in place such as the; 1) ADA (American with Disabilities Act), 2) IDEA (Individuals with Disabilities Act) and 3) ...

Abstract

The current paper provides a detailed and exhaustive analysis of the contemporary ethical problem that has more than significant social and legal consequences. In particular, the respective paragraphs of the current study are discussing the theoretical and practical perspectives concerning the crimes against women in their most casual and the most underreported form – the acts of violence by their intimate partners. For this particular purpose, the current International, European and American legislature concerning the acts of violence against women have been offered by the beginning of the paper along with the brief insight to the background information that is ...

JONES &TREVOR MARKETING INC. V. JONATHAN L. LOWRY, ET. AL. In Jones & Trevor Marketing, Inc. v. Jonathan L., Lowry, et. al., 2012 UT 39; 284 P.3d 630 (2012), Jones & Trevor Marketing entered into a contract with Jonathan Lowery and Nathan Kinsella. The contractual relationship did not flourish and Lowery and Kinsella sought to cancel the contract. In response. Jones & Trevor Marketing filed suit. During the pending lawsuit, the defendants dissolved the company and Jones & Trevor sought instead to hold Lowery and Kinsella personally liable by piercing the corporate veil under the alter ego theory. Jones & Trevor Marketing alleged that ...

Abstract

Steven Dewayne Bond was a passenger on a Greyhound bus when a border patrol officer squeezed his luggage after conducted an immigration check of the passengers. Bond allowed the officer to open his luggage when asked, and a brick of methamphetamine was discovered that was wrapped in duct tape and rolled in a pair of pants. Bond was charged with possession and intent to distribute as well as conspiracy. In pretrial matters, Bond’s attorney filed a motion to suppress the methamphetamine claiming that the search conducted by the officer was unreasonable and in violation of the Fourth Amendment. ...

Summary of employment-at-will doctrine from text

The employment at will doctrine is a legal doctrine that states that an employee who is hired for an indefinite period of time, may be terminated or end the employment at any time. Employment at will also means that the terms of the employment with regards to the employee can be altered at any time without notice and without consequences. For instance, an employer can reduce the employee’s wages, make changes in the employee’s benefits or change the terms of paid time off. In many states, employment at will doctrine has exceptions. One of the most common ...

MEMORANDUM

Re: Sally Reporteur’s News Story on the Reform the Electoral College Movement FACTS Sally Reporteur recently graduated from a prestigious journalism school. Soon after graduation she found a position as reporter for a local news station. Based on her educational background, and the small staff at the news station, her supervisor gave her a fairly significant amount of discretion to find, investigate and write her own news stories. Like many people of her age group, Sally was quite adept at using information technologies for both her work and in her private life. One day, while she was chatting ...

At Will Employment Issues

According to information found at the National Conference of State Legislatures website. “Employment relationships are presumed to be “at-will” in all U.S. states except Montana.” This means that employers and employees can end the relationship at will or without cause or threat of retaliation from the termination of employment of either party. There are not any legal requirements that surround the termination such as a period or a specific reason involved. Every employee in the United States, except Montana, is considered to be an at-will employee unless he or she has signed a specific contract with the employer at ...

Abstract

In any state, the court system and structure plays a significant role in ensuring the judicial system is effective. States that have a strong court system have proved to be successful in solving major challenges as pertains to the interpretation of the constitution. Puerto Rico needs to have in place a strong court system to ensure that the enforcement of various dynamics is effective. In coming up with the court system and structure, this paper heavily borrows from three states: Tennessee, Florida and South Carolina. These states are well-known for their strong legal systems. Because of this, it would ...

A police officer of Baltimore County, Maryland stopped a car for speeding. Three men were on the car. Partlow was the owner and driver of the vehicle. Pringle was at the front passenger seat. Smith was at the back seat. When the driver opened the glove compartment to get the car registration, the police officer noticed a sizable amount of rolled-up cash inside. The police officer proceeded to verify the registration and check the driver’s license. Partlow had no prior criminal record. The police officer asked for permission to search the car. When the officer pulled down the ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First Amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. the United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of ...

The First amendment guarantees freedom of speech by restricting legislations that curtail this freedom. U.S. Supreme Court decisions reinforce respect for the freedom of speech against legislations by the federal and state governments. However, some forms of communication are exempt from First Amendment guarantees. Obscenity is one such exemption. In Roth v. United States, the U.S. Supreme Court cited a series of cases dating back to 1877 to demonstrate the Court’s consistent regard of obscenity as an expression that is not protected by the First Amendment right to free speech. Since obscenity does not form part of protected ...

Issue: Did the Court of Appeals for the Sixth Circuit err by granted North American Stainless’ motion for summary judgement based on their argument that Thompson’s claim was not allowed under Title VII of the Civil Rights Act of 1964? Rule: An employer is prohibited from discriminating against any of its employees as retaliation for filing a charge under Title VII of the Civil Rights Act of 1964. An employee can file a charge under Title VII of the Civil Rights Act of 1964 against an employer if they believe that the employer’s unlawful agreement practice was ...

Abstract

This paper puts the legal and ethical issues of physician-assisted suicide in the context of the larger debate on privacy and the right to die, which can be divided into three constituent parts: (1) a patient’s constitutionally protected right to privacy in all matters involving end-of-life treatment decisions. So long as a patient has the mental capacity to make informed consent, the government does not have a legitimate interest to override end-of-life decisions. Critical to the analysis of a patient’s refusal of life-sustaining treatment is the burden of the state to prove a patient did not have ...

Business Law

Without the Supremacy Clause, there would always be overlapping and conflicting federal and state law. The Supremacy Clause ensures that federal law always preempts state law if there is a conflict. In the absence of a Supremacy Clause, there would be a floodgate of litigation regarding choice of law questions and which law applies to a particular case. In this case, Wyeth did act ethically because if a large drug-manufacturing company immediately admitted to liability every time a plaintiff sued, alleging negligence, the company would surely go bankrupt. In the face of a civil suit, the company is entitled ...

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 ...