Essays on Petitioner

Parties:

Frederick E. Adams (petitioner) v. Robert Williams (respondent)

Facts:

On the morning of 30th October 1966 in Bridgeport, Connecticut an individual approached a policeman and informed him of another individual in a nearby vehicle who had a gun and carrying narcotics (Vile & Hudson, 2013). The policeman acted on the tip and asked the vehicle’s occupant, Robert Williams to open the door. Instead, Williams rolled down the window and the policeman reached into the car and retrieved a gun from William’s waist band (Justia, 2017). William was arrested for unlawful possession of fire arm and a search on his ...

Court allows Wife to consider inherited farm inputs as part of the expenditure of carrying out farming business even when the deceased husband had deducted the same expenditure. The court held that the petitioner could deduct the cost of all the farm inputs from the 2011 farm income. This is despite the husband tax returns indicating the same cost were deducted in calculating the tax payable in 2010. Thus, the court held that commissioner of internal revenue was wrong to disallow the petitioner from deducting the expense.

Facts

Steve Backemeyer used to carry out farming business while his wife Julie ...

THE IMPACT OF THE CHANGE OF TAX YEAR ON THE CORPORATION’S APPLICATION FOR A CASH GRANT ON THE INVESTMENT MADE IN QUALIFYING THERAPEUTIC DISCOVERY

In the Silver Medical, Inc. V. Commissioner of Internal Revenue (2016), the respondent, the commissioner of internal revenue, determined a deficiency in the Silver Medical, Inc.’s Federal income tax amounting to 41,032 US dollars for the fiscal year ending on 30th November, 2011 along with an accuracy related fine amounting to 8,206 US dollars (Leagle, Inc., 2016). The case was filed on 19th December 2016. The United States Tax Court held ...

The case Thompson v. North American Stainless, LP addresses the scope of the retaliation provision under Title VII that enables protection for the employees against the illegal actions of the employers. Title VII of the Civil Rights Act of 1964 permits retaliation cases in order to decrease the exposure to the discriminatory activity in actions of the employees. Meanwhile, this article states that the retaliation should be understood as the situation when the employee of the firm was fired or reassigned as well as he was deprived of the certain range of the benefits if the employer considered them ...

1) What is the purpose of a plea bargain? The purpose of a plea bargain is to ensure that the defendant gets a minimum sentence if they plead guilty ("Plea bargain," 2016). At the same time, aside from it being a controversial issue, it conserves resources in the criminal justice system. 2) According to the Office of United States’ Attorneys, "When the Government has a strong case, the Government may offer the defendant a plea deal to avoid trial and perhaps reduce his exposure to a lengthier sentence."

A. Do you agree with this statement? Why or why not?

I agree with this statement. For the government to have a ...

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. ...

Introduction

There are a couple of important fundamental differences between a criminal action and a civil action. One of the most apparent differences is the nature of the cause of action underlying the suit. As its name denotes, a criminal action is derived from a past crime that has been committed. A civil action, on the other hand, does not involve a crime, but rather a private wrong to an individual or a group of individuals. Another fundamental distinction between a criminal and civil action is that the parties go to the court. In a criminal action, the prosecution represents ...

Abstract

The paper investigates Steiney Richards, Petitioner v. Wisconsin case in order to justify whether the police officers’ use of deceptive means and forcible entry into Richards’ room violates the protection rights granted by the Fourth Amendment. It offers a summary of the case, thereby presenting the issue of the case. The paper also analyzes the Wisconsin Supreme Court’s judgment by evaluating the facts of the case. It presents the reasons offered by Richards in favor of his privacy interests and compares them with the reasons offered by police officers to gain forcible entry into Richards’ room. Therefore, the ...

Abstract

There are hundreds of ways to threaten a person’s safety. Their sources may vary greatly, as well as their outcomes. This paper specializes in a variety of threats to safety and security that exist. It consists of two parts. These two essays are actually two answers to questions given as an assignment. The first part identifies the threat in three areas: accident, disaster and crime. A brief description of every threat, discussion of potential damage and prevention strategies that may be applicable to each threat are included in the essay. The second part is a mock court cause, ...

Snyder v. Louisiana (2008) The Supreme Court case Snyder v. Louisiana concerned the level of scrutiny to apply to the prosecutor’s given reason for using peremptory strikes to strike certain members from the prospective jury pool. The petitioner bringing the challenge, a black male, was charged with first-degree murder in the state of Louisiana (Snyder v. Louisiana 474). The voir dire process of jury selection began by initially screening out jurors who did not qualify to serve or those that were unable to serve due to extreme hardship (Snyder v. Louisiana 475). In the next phase of jury ...

Question 1: Presidents play many roles within government and party. Using a news article from the last four weeks, demonstrate which is most important and why? Answer. The President of United States of America has some crucial roles which are regarding the nation, armed forces, foreign policies, lawmaking, economy, and his own party. In his various roles for the government, the President is supposed to use his powers for legislations, government executive agencies, and as a custodian of national economy. The President is also held accountable for the representation of his party in the senate and how many members ...

Immigration Law

3764 American Trail

Hello Mr. Rameriz; We would like to schedule a meeting with you on July 21, 2008 at 10:00am at the offices of Immigration Advocates. This is also a gentle reminder that the initial consultation fee is a flat rate of $1,000. As a further remind, Ms. Meriweather can only accept cash, a bank cashier’s check, or money order and will need payment at the beginning of the meeting. Please see below for a list of the necessary documents that you will need to send to the office prior to your interview. Keep in mind ...

Miss Mapp is the petitioner in a case regarding bombing where she happened to be a suspect. The Police officers resolved to search for evidence at the petitioner’s residence, but after her denial for entry they sought for military means where they force themselves in. After the search for her seizure, obscene materials are unleashed of which she is tried and convicted of possession of such (4law School).

Cleveland police officers, three in number, visited the petitioners at her home. The visit was due to prior information about the existence of equipment regarding the bombing she was convicted ...

Furman v. Georgia

In the above case, the U.S. Supreme Court found for the first time that the death penalty in this case was unconstitutional. The petitioner William Henry Furman was committing a burglary in a home when his weapon accidentally killed a resident therein. Georgia court convicted Furman for murder and awarded death sentence. Along with this, two other cases Jackson v Georgia and Branch v Texas that awarded death sentence for rape were decided by the Supreme Court on the question whether death sentence in these cases constituted cruel and unusual punishment violating Eighth and Fourteenth Amendments. The U.S. Supreme Court reversed the ...

Facts of the Case: A suspect caught in driving under the influence of alcohol underwent a blood sample analysis and the result was used against the suspect. Schmerber was found guilty of driving while under the influence of alcohol. The evidence was found on the result of the chemical examination that showed intoxication. Extraction of blood happened at the order of a police authority where the petitioner was taken following the accident. The extraction of blood was taken despite Schmerber’s refusal.

How would you have ruled: According to the Fifth Amendment which contains the person’s right against self-incrimination, a ...

Question 1

The globalization debate is based on the pro and against arguments, having strong arguments on the both sides. However, the strongest argument is inclined on the argument that the globalization is overlooking the fact that it is enhancing inequality and poverty among different countries across the globe. It is evident that the dramatic inequality especially between the advanced and developing countries is due to the processes of technology. While some social analysts argue that the globalization has brought about the economic growth and hence reduced poverty and facilitated economic equality, some argue that it has global division of labor that ...

The petitioner who had been a Commanding General in charge of the Fourteen Army Group that belonged to the Japanese Army stationed in the Philippine Island. He was forced to surrender to the US Army making him a prisoner of war (Kirk, (1974). On the other end the respondent was the commanding General from the US Forces whose base was the Philippine Island. He had appointed a military commission that was in charge of the case. The charge being that the petitioner had on an earlier date been unable to control the operations that had been laid out for his troops. The ...

Part One: Due Process Hearing

The due process hearing was set up after there was no resolution that could be reached between the petitioner (student/parent) Carolyn Morris, and the respondent which in this case was Harmony Science academy. The action was regarding an issue with the charter school that the petitioner felt was covered under the Individuals with Disabilities Education Improvement Act (IDEA) as well as the state and federal regulations. Mediation was offered however it was denied so no mediation was reached in this case resulting in the hearing. Mediation is a process where the petitioner and the school might reach an agreement outside ...

Introduction

The current paper is designed to consider the issue of domestic violence towards women in several different aspects. There are three contemporary studies analyzed in the scope of this research. Each study contains different information regarding domestic violence. Thus, Flake and Forste (2006) researched the issue of the reasons of domestic violence in Latin America, Crempien, Rojas, Cumsille, and Oda (2010) paid attention to the correlation between pregnancy and domestic violence occurrence, Green and Kelso (2010) considered punishment with regard of committing violence towards women.

The research aims at analysis of the reasons of committing domestic violence towards women ...

Citation UNITED STATES, Petitioner v Antoine JONES No. 10-1259 (SC, Jan, 23 2012)

Facts The Intelligence Agency formed a partnership with the Metropolitan Police Department in order to investigate alleged business of human trafficking operating out of Maryland, and therefore, the teamed up investigative units inserted a Global Positioning Services (GPS) module on the underside of suspect’s vehicle (I have mentioned the presence of joint task agreement here). However, the defense argued that the evidence obtained from the installed equipment is inadmissible to the court as it would be a violation of the Fourth Amendment. Question Whether or not, the installation of GPS module on suspect’s vehicle was constitutional under ...

Horizontal federalism refers to the relationships and interactions between states as equal members of the union. Under Article IV of the Constitution states are required provide “full faith and credit” to the laws of other states as well as guarantee the citizens of each state the “privileges and immunities” enjoy by the citizens of other states. Moreover, the Tenth Amendment states that states “may exercise powers not delegated to the federal government. Despite, these understandings, horizontal federalism is one of the more unclear areas of American political authority (Erbsen, 2008). Based on the arguments from the petitioner in ...

“175 U.S. 211 Addyston Pipe and Steel Company VS United States, (1899)”

Abstract

The arrangement was begun in behalf of the United States under the alleged Anti-Trust act of Congress passed July 2, 1890. It was commenced for the resolve of obtaining an embargo perpetually ordering the six corporations that were made defendants and were involved in the sale, manufacture and shipping of iron pipe at their individual places. The companies were refrained from further acting under or resounding the combination supposed in the petition to have entered into amid them. This which was quantified as illegal and unlawful under ...

Chicago Bridge & Iron Co. V. Federal Commission [United States Court of Appeals, Fifth Circuit, 515 F3d 447 (2008)] FACTS: The Chicago Bridge and Iron Company and its United States subsidiary, Chicago Bridge and Iron Company (Petitioner) is a company that was engaged in designing, engineering, and constructing industrial storage tanks for liquefied natural gas and other gases. In this market the Petitioner and another company, Pitt-Des Moines, Inc., were the dominant firms. The Petitioner acquired all the assets belonging to Pitt-Des Moines, Inc. in the year 2001 for 84 million dollars. The Respondent preferred charges against the Petitioner ...

Introduction

NEW YORK v. BURGER, 482 U.S. 691 (1987) 482 U.S. 691 is a leading case on the American criminal justice system. This paper intends to discuss the abovementioned case in detail along with the facts, issues, and findings of this case.

Brief Facts

Brooklyn based Respondent used to own a junkyard. He was in the business of dismantling automobiles and selling the dismantled parts. Police Officers of New York City department suspected his business and rushed at his premises on 17th November 1982. Police officers were in civil dress, and they wanted to conduct an inspection of the premises. Police officers asked for ...

Doe V. City of Intrusia

In 2014, the government, acting on the suspicion that the petitioner was processing and selling proscribed substances, requested the local cell phone carrier to clone the cell phone of the petitioner Joe Doe. Subsequently they gained access to text messages sent and received by the respondent. Based on this evidence, the petitioner Joe Doe was tried and convicted under an indictment charging various illegal transactions in narcotics. Doe has appealed his conviction claiming that the interception of text messages violated the unreasonable search and seizure protections of the Fourth Amendment. Furthermore, all data from the text messages should have ...

Facts of the case: The petitioner in this case, Mr Albert Florence, was arrested on charges of obstruction of justice and use of a deadly weapon. He was eventually sentenced to pay a fine in installments of a certain amount. After he defaulted on these payments, the authorities issued a bench warrant for his arrest. Due to a mistake in the system, however, this warrant was not removed from a statewide computer database. As a result, two years later he was arrested by an officer and brought to the Burlington County Detention Center. After spending six days in detention there, he was brought to the Essex ...

1. Facts 2. Issue

The issues in the following case are:

Whether the search conducted by the police officers violated a provision of the Fourth Amendment to the United States Constitution regarding a protection from unreasonable searches and seizures. Did Mr. Blake had a reasonable expectation of privacy when he was residing at Mr. Smith`s household?

Could the evidence (drugs and guns) be considered admissible in a court of law?

3. Rule The Fourth Amendment to the United States Constitution provides protection against unlawful search and seizure of persons and their property. The provisions of the amendment clearly state that search and seizure shall be conducted with the presence of a warrant that particularly describes the places and/or things that ...

The Supreme Court of the United States

Joseph Oncale, Petitioner v. Sundowner Offshore Services, Incorporated, et al No. 96-568 December, 3 1997, Argued Type of Action It was a civil suit on employment law involving case of discrimination. Facts of the Case In October 1991, Joseph Oncale (the Petitioner) was working on a Chevron USA Incorporated oil rig in the Gulf of Mexico, for a company called Sundowner Offshore Service. He is one of the roustabouts in a crew of eight. While in employment, he alleged that on several occasions he was subjected to humiliating actions that were sex-related by his colleagues and in ...

Richard John BAKER and Another v. Gerald R. NELSON

John Richard Baker and James McConnell filed a suit against Nelson Gerald for failure to issue them with a marriage certificate to legalize their same sex relationship. Nelson Gerald was a clerk in Hennepin County District Court who and was mandated to offer legal marriage certificates. During the case trial, it was held that the petitioner was not supposed to be issued with a marriage certificate. The plaintiff contends that, the failure for state organs to include an express statute prohibiting same sex marriage meant that, it was not be against the practice. Since ...

Missouri vs. Seibert

The petitioner was a woman named Seibert. She was charged and convicted of second-degree murder for her alleged involvement in the death of a 17-year-old handicapped boy. Seibert son who had died earlier and to conceal evidence of parental negligence, she colluded with her other son to set her house of fire. She realized that if only her son’s body was found in the charred house, this would also suggest neglectful parenting and so, a decision was made to leave the 17 years old boy in the house too. The police became suspicious of her involvement and picked her up to ...

(a) Voidable marriages are those marriages which exist in the eyes of the law and shall remain valid until annulled (Lim 18). Under the Section 20B of the MCO, the parties who contracted a voidable marriage will enjoy the rights and the duties of a married couple until a decree of nullity has been made absolute by the court. The difference between a void and voidable marriage is that in voidable marriages, even if there are factors which exist to make a marriage voidable and the parties are allowed to choose to continue with the marriage despite the existence of the factors. However, in the ...

Brief of Mapp v. Ohio (1961)

Decided Decided June 19, 1961 Character of Action The case of Dollree Mapp v. State of Ohio (henceforth Mapp v. Ohio) was brought before the Supreme Court of the United States in March of 1961. The case was brought before the Supreme Court after an incident with local law enforcement and a search of Mapp’s home. The defendant was initially convicted in the Cuyahoga County Ohio Court of Common Pleas. The conviction was later affirmed by the Ohio Court of Appeals, and after the affirmation by the Court of Appeals ...

Habeas Corpus and the war on Terror

The main reason why this essay has been written is to find out what habeas corpus means and its application in the war on terror especially at Guantanamo Bay and its detention camps. This writ, though not normally applied in federal courts, has been consequently used several times since the declaration of war on terror in 2001. This essay first examines the meaning of habeas corpus, provides the history of the writ in the United States and its use in the unlawful detentions. Second, this essay goes through the cases of Guantanamo Bay and sets to find out whether ...

The case is between Kennedy v. Louisiana when Kennedy raped a child who was lucky enough to be alive. Kennedy happened to rape his own step daughter which led him to being sentenced to death. Kennedy, the petitioner had just got home but found out that the daughter had been raped and decided to call the police. He narrates the story that he had escorted his son to school only to find his daughter in the yard bleeding. He goes ahead to reveal his perceived suspects who were two boys who were just from around their residence (Melusky, Joseph, and ...

Both the employers and the employees are supposed to conduct themselves at the work place as it is expected of them without infringing on the individual rights. Sandifer v. United States Steel Corporation were involved into some disagreement that led to search of legal help. Relying on Fair Labor Standards Act of 1938, the employees felt that it was their right to be compensated for the time (Daily Labor Report). The act actually provided for the compensation. Should be the company compensate the employees? Or were the employees supposed to be thankful that the company had provided the protective ...

Contracts are agreements that two or more parties get into with a motive of honoring the terms stipulate. Contracts can either be written, oral or perceived. Contract law ensures that parties involved in any contract conduct themselves in the acceptable as any misrepresentation would arise to making the contract voidable and illegal. Breach of the contract could also result to fines by the courts of law. Skyline contractors Inc. v. Spokane Housing Authority

Statement of facts:

The skyline contractors were the appellant in this case while Spokane Housing Authority was the respondent. Skyline contacted had been contracted by the Spoken Housing Authority. ...

Please type your name here

Please type your Institution name here Air Wisconsin v. Hoeper Case Facts of the case The respondent of this case was the pilot Hoeper and the petitioner was Air Wisconsin Airlines Corp. When Air Wisconsin ended its operations from Hoeper’s home base, Denver, on an aircraft that he was qualified to fly, he was supposed to get another certification to fly a different type of aircraft, if he needs to continue in his job. After Hoeper was unsuccessful in clearing the certification process in his first three efforts, the company agreed to offer him yet another ...

(Student’s Full Name)

The name of the case is Hog Trough v. Slop Shack.

STATEMENT OF FACTS

Darla Meen is suing Nosy Pooch, a former employee of her restaurant, Hog Trough for using her recipes in his newly opened restaurant, Slop Shack. Ms. Meen, the respondent, claims that the recipes are hers because she ‘paid’ for them while Mr. Pooch was employed at her restaurant. She is also suing Mr. Pooch for trademark infringement. The respondent claims that the petitioner used a uniform in his new restaurant which is similar to hers. Ms. Meen claims further that Mr. Pooch used a billboard advertisement which ...

Can you please ensure that the referencing conforms with the OSCOLA standard (available at http://www.legalcitation.ie/page5/files/OSCOLA%20Ireland%202011.pdf

· Can you please ensure that all web links in the footnotes work, and lead the reader to the correct cite

· Can you please use English Ireland or English UK as the default language (as distinct from English US) What I need that those points has to be solved within 18 hours. Please as my submission day is Thursday. also I do not want you to change anything in the piece of the paper just make sure from what I ask for, also I would like you to add Hyperlinks in the footnotes and the reference

Acknowledgement

The preparation of this thesis would ...

Minnesota v. Carter525 U.S. 83 (1998) This was a case against a man called Carter. It was a case that was argued and also decided in the year 1998 by the supreme court of Minnesota. The case involved a police officer finding out Carter together with John's activities that involved packaging of drugs, to be specific cocaine. The police officer found this out by peeping through a gap on the window of the apartment Carter, and John were at the time. They were arrested by the officer, charged and convicted with offenses involving drugs. However, a particular issue arose from this case by the ...

Part One

Del Lago Partners, Inc. and Del Lago Partners, L.P., d/b/a Del Lago Golf Resort & Conference Center, and BMC-The Benchmark Management Co. v. Bradley Smith, No. 06-1022 is an appeal case that involved Del Lago Golf Resort and Conference Center as the petitioner and Bradley Smith as the respondent. Earlier, Smith had won the case and awarded $ 300, 000 in actual damages after deliberations made by a jury in a 6-3 decision. The majority made the decision on the basis that owners’ of premises have a duty to protect their guests against acts of aggravated assault made by third parties. In this ...

632 Continental Rd

Hatboro, PA 19040

Legal Research and Writing Project Number: 008035 Civil Action No. 35 of 2014 IN THE MATTER OF SALLY BRIGHT..PETITIONER V JOHN BRIGHT..RESPONDENT

Comes Sally bright by counsel and for her Memorandum states as follows:

- FACTS The Petitioner, Sally Bright was married to the Respondent John Bright, but later separated due to marital difficulties. Later, Sally Bright filed for a divorce petition and the court granted her temporary custody of their fourteen year old daughter Chastity. - ISSUES

Both parties desire to have custody of their child.

- The family code in this state provides the grounds for the judge to hear and consider the interests of all the parties ...

CALIFORNIA CIRCUIT COURT

Civil Action No. 35 of 2014 IN THE MATTER OF; THE CUSTODY OF CHASTITY SALLY BRIGHT. PETITIONER VERSUS JOHN BRIGHT .. RESPONDENT

Comes Sally Bright, by counsel and in her Memorandum she states as follows:

I. FACTS The petitioner was married to the respondent and later separated due to marital difficulties. Later, the petitioner filed a divorce petition and the court granted her temporary custody of their daughter. However, the court granted the respondent weekly visitation a right in regard to their child .The issue is that the respondent wants custody of the child. II. ISSUES

A.SHOULD THE PETITIONER BE GRANTED CUSTODY OF THE CHILD?

California family code 320-322 provides that the judge should consider the interests ...

Argued December 2, 3. 1913

Decided February 24, 1914

An indictment was made on the defendant Fremont Weeks for using the postal mail for the transportation of lottery tickets, which was a criminal code violation. The police arrested him at his place of work and in arresting him; they conducted a warrantless search on his office and found evidence of the usage of the mail for the transport of lottery tickets. The police later went to Week’s home and entered illegally using a key whose hiding place was directed to them by a neighbor. The police later went on to search the defendant’s premises without an ...

Edwards v Arizona, 451 U.S. 477 (1981) TYPE OF ACTION: Ruling of the Arizona Supreme Court after an appeal which held that the accused has waived both rights of remaining silent and requiring a legal counsel when he voluntarily made his statement to interrogators. Hence, the court upheld that his confession without his counsel was voluntarily and admissible.

FACTS OF THE CASE:

On January 19, 1976, Edwards was arrested for burglary, robbery and first-degree murder. He was issued an arrest warrant on that same day. He was read his rights and was ready for questioning. He agreed to answer the officers’ questions. He ...

Miranda v. Arizona (1966) was a landmark case that led to the protections afforded suspects against self-incrimination under the Fifth Amendment of the constitution being clearly spelt out and extended. Though this right had constitutional protection beforehand, the Warren court held that while confessions made while in police custody may be superficially voluntary, the environment in such a scenario may, in fact, compel a suspect to confess. The Court held that "the modern practice of in-custody interrogation is psychologically rather than physically oriented" and that "the blood of the accused is not the only hallmark of an unconstitutional inquisition (Miranda, 1966). The ...

- Litigants and court indentified

Petitioner- Appellant: Cecil G. Daniels Respondent: State of Idaho - Legal issue In the following case, Court of Appeals reviews petitioner`s claim to reconsider the district court`s denial of post-conviction relief. The issue in the following case is whether the assistance of the appellant counsel was ineffective and deficient (failure to challenge the denial of suppression motion) to a degree that it led to the subsequent conviction of the appellant. - Short of description of the case. The petitioner, Cecil G. Daniels, was charged with driving under the ...

National Engineering & Contracting Co v. OSHA Review Comm. 45 F 3d 476 (D.C.1995) National Engineering & Contracting Co v. OSHA Review Comm. 45 F 3d 476 (D.C.1995)

National Engineering & Contracting Company is the petitioner and the Occupational Safety And Health Act (OSHA) Review Commission is the respondent represented by the Secretary of Labor, United States Department of Labor in the United States Court of Appeals, District of Columbia Circuit. Case no 93-1468 Argued Oct. 18, 1994.—February 03, 1995 before Circuit Judges Buckley, Williams and Henderson. Petition for review of $ 400 imposed on National Engineering and Contracting Company ( ...

Question 6

The agency has the power to promulgate regulations and so in this case the official representative of the agency has the discretion to promulgate what rules finds necessary for the case. It has also been established that the agency through the power of discretion given to him by the congress. The other thing is that the agency has the power to select who will investigate a certain case. This is because as it has been established; agencies do not have resources to investigate every person and business for compliance with the law. The other thing that has been depicted in ...

Q. 6 The official is exercising discretionary power. As a representative of an agency, the official has the discretion to decide which cases would progress to the prosecution stage and which ones will not. However, in exercise of this power, the official must be guided by certain rules and precedents and for him to recommend that the brother-in-law’s case do proceed to trial then the case must meet the required threshold. The fact that in the ordinary sense the case would not have proceeded to trial means that the official is biased towards the brother-in-law for the reason ...

Even though the informal actions are never governed by the statute, such activities are common in the judiciary and are “the lifeblood of the administrative processes”. Agencies’ actions are informal and they experience discretion when tasked to decide between two or more alternatives, therefore by quantifying discretion as either too much or less and failing to adequately check them, is the public and petitioner that fall victims of the injustice. Agencies are mandated to perform law enhancement duties such promulgation of regulations to further their mandates, prosecution of administrative issues like criminal matters, decide whom to investigate and ...

Question Six

The representative in selecting which cases to prosecute and which ones not to proceed with is exercising prosecutorial agency. Under the same, the agency through its representatives elects to prosecute those cases that given its resource base and core objectives, it considers worthwhile to prosecute. According to the representative, the case involving his brother in law falls in the anticipated category. The problem with discretion is that it may be subject of abuse and in some cases may not have been abused in real sense but may appear so. The court is, therefore, called upon to review the ...

As a fundamental of contemporary society, law is crucial in enabling society coexist and interact in an orderly manner. The case in study suggests a typical case scenario where an official happens to be related to a potential case defendant, abate on current bitter terms. This may be a reason for the official’s procedure to prosecute the brother-in-law, bringing about the issue of discretion. It is present when an agency has two or more alternatives, to a given case, with regard to case proceedings and prosecution. In this case under study, it may hold true or not that the official’s brother-in-law is ...

Shelby County v Holder is a famous case that deals with the constitutionality of certain provisions, given in voting rights act, 1965 which was enacted in order to address deep-rooted racial biasness in voting system of America. American Supreme Court elaborated this issue in changing circumstances and made it more effective while deciding this case. This paper intends to discuss Shelby County v Holder case and further examines several other related aspects of the subject. The voting rights Act of 1965 was enacted with an intention to expand the periphery of civil rights and make it reach to everyone ...

The case of Morrissey vs. Brewer, is a 1972 case. The petitioner had been convicted of forgery and was out on parole. He got re-arrested because of a list of violations. The petitioner claimed that his parole was revoked without a hearing, hence his right to a due process was violated. The court of appeal affirmed the District court’s ruling that a parolee is technically in custody, hence was not entitled to a full adversary hearing. The Supreme Court reversed this and stated that a parolee’s liberty is within the protection of the due process. It also stated that the parolee required a preliminary hearing ...

Floyd, et al. v. City of New York, et al

The rule of law pertaining to the Floyd, et al. v. City of New York, et al case is discussed below. The proceedings of the case raised two critical questions that had public importance. The rule of law requires that every individual and any organization to be subjected to the constitution and persons are allowed to be above the rule of the law. The issue of whether to allow the New York City Police Department (“NYPD”) to violate the Constitution of the United States is complicated because the frisks ...

Civil liberties can be defined as freedoms and civil rights which give individual specific rights. Examples of these rights include freedom from forced labor and slavery, right to fair trial, right of privacy, right of liberty and freedom from torture and death, only to mention but a few. Habeas Corpus on the other hand can be defined as a court order (writ) which commands an official of a government or an individual who had detained or imprisoned another to produce him or her at a designated time and place. This is to enable a court to determine the whether the action was legal or ...

Introduction

The Foreign Sovereign Immunity Act is a law that has been codified in the United States that was specifically made to establish the grounds and limitations as to whether a foreign entity, or a foreign sovereign nation at that, can be charged and be subject to trial in a U.S. federal or state court . Apart from being a common legal ground for various legal cases that mostly involve multi-national entities or those that have different international origins, the Foreign Sovereign Immunity Act (FISA) may also be used as a strong basis—in fact, in many legal cases, it the Act is being used as the sole ...

The following is a review article on two Environmental Case opinions of two different panels of judges. The first case is related with an expansion plan for a nuclear energy based energy distribution company to which certain Environmental Groups raised issues of inconsistency of data provided by the company for permissions to acquire and keep land for future purposes. The second case is related to a natural gas distribution company that wished to lay a pipeline through United States area, although the pipeline would supply from one Canadian state to the other. The first case (470 F.3d 676, *2006 U.S. App. LEXIS ...

Lewis v. United States

Facts: An undercover officer in the department of narcotics called Lewis to find out whether he would sell him marijuana. The officer disguised his identity; he identified himself as Jimmy the Pollack. Lewis agreed to the officer’s request and directed him to his residence where the transaction would take place. The officer went to the petitioner’s abode and made his purchase; these transactions happened severally. Lewis was on one occasion arrested and charged with infringing federal drug laws. The District Court convicted Lewis following a denial to pre-trial motion seeking to suppress. The First Circuit affirmed this decision. ...