Case law

LEGAL CITATION & SOURCES OF LAW Introduction. Laws provide an official set of rules that guide the way people act within a society (Friedman, 2005). It is the common framework of how citizens live their lives on a daily basis. Below is an introduction to reading legal citations, sources of law, and how laws are created. Legal Citation Elements. A legal citation has several cohesive elements that make up a particular case for organization and library research purposes. If properly understood,…

ruled not to give smith an accommodation. The court in this case ran this through the Sherbet, which we learned last week. The Sherbet test states” the free exercise clause requires accommodation for religiously motivated behavior in the face of a law burdening that behavior unless: there is a compelling state interest for that law; and the law is the least restrictive means for a advancing the compelling state interest”. In this case the court ruled that Smith did not pass the Sherbet test.…

violates the established law. Jurors, also possesses the ability nullify a case, if they deem the respective violated law to be unfair. When considering the magnitude of power the ability to nullify places in the hands of twelve randomly selected people, one must consider; whether or not juries should possess the ability to use power of jury nullification. This essay will discuss the notion that twelve randomly selected people should not possess the ability to superseded laws that were…

fundamental difference is perhaps the fact that the two philosophers were making considerations of the law in two fundamentally different times, in history. Modern jurisprudence has had several differences about how the law was perceived to be in the past. While human beings recognise social institutions such as parliament and constitutional review bodies as sources of law, other sources of law exist that intrinsically influence the legal processes and the outcome of legal disputes. These…

In addition, to my initial and subsequent training at the Federal Law Enforcement Training Center (FLETC) which covered U.S. Code: Title 8 - ALIENS AND NATIONALITY, U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE, statutes governing immigration law in the Immigration Nationality Act (INA), Administrative Decisions from the Board of Immigration Appeals (BIA), handbooks, guides and policy memorandum used in performing my duties. In addition, I have thirty plus years of practical hands on…

Lawrence versus Texas case, and what effect has it had on the society? This is a set of questions that numerous people have asked over the years. Are you one of them? Today I will explain what the Lawrence versus Texas case was, my perceptions on the case, what it did for society as a whole, the historical basis for the court’s ruling in this case, and last but not least I will explain the civil liberties groups that were involved and their impact on the case. Let’s start with the case itself.…

and other injustices. There are numerous laws and acts that have been passed in an attempt to prevent the continuation of discrimination and unequal rights. As time progressed, the laws became more progressive, and have expanded to include more groups of people. A majority of the laws that have been enacted have been built upon foundations that were previously set by preceding laws. The first monumental court case that laid the foundation for future cases concerning special education is the…

commerce clause allows the government to regulate commerce with foreign nations, and interstate commerce. 5.What is preemption? Answer: Preemption is when federal and state governments clash over a certain law and the federal law overrules the initial state law. 6.In reviewing tax laws, what does the United States Supreme Court focus on? Answer: The Supreme Court must make sure that congress does not try to regulate through taxation. No state should be exempt from a tax if another is…

that they can only hear cases authorized…

Finkenbiner 1 MCCLESKEY V. KEMP Emma Finkenbiner Block 7 Mr. Moore 20 April 2015 Finkenbiner 2 McCleskey v. Kemp was a Supreme Court case in 1897. This case dealt with Warren McCleskey, who was convicted of two counts of armed robbery and one count of murder in the Superior Court of Fulton County, Georgia. McCleskey was African American and his victim was a white police officer names Frank Schlatt. After his sentencing, Warren stated that his punishment was tainted by racial discrimination and…