Judge Casas’ Ruling In APUSA Inc. v The State of California the court rules in favor of APUSA,Inc. The court finds the State of California violated the establishment clause using the Lemon Test and Agostoni test. In both instances the CCQEA explicitly violates the establishment clause by way of money being directly distributed from the government to the religious institutions, joined with a lack of specificity of how the money is to be used. The State of California would be served in adding guidelines to the law clearly dictating that grant money is not to be used for secular purpose.…
Plea-bargaining is an important process in the criminal justice system and are used to prevent lengthy trials. It is defined as “the process of negotiating a guilty plea involving either charge bargaining, where the prosecutor will offer to reduce the severity of the charges or the number of counts in exchange for a guilty plea, or sentence bargaining, where the prosecutor will agree to recommend leniency at the sentencing stage” (Hemmens, Brody, & Spohn, 2013). However, there are both pros and cons with plea-bargaining. One reason why plea-bargaining is an advantage to the court system is because it helps to relieve caseloads since the prosecutor’s workload decreases when a defendant takes the bargain. Also, when a defendant goes this route,…
TEPCO as a company needs to be concerned with these issues if they wish to protect their reputation as a company that is ethnically and socially responsible. Including an arbitration agreement that is not clear to customers, TEPCO could be seen as having little regard for customers and their comprehension of the loss of their constitutional right to trial and class-action lawsuits. The data from the survey the author conducted proves that many consumers do not understand traditional arbitration clauses, with as much as 50% believing the opposite of what it states. The only way to run TEPCO so it maintains its reputation and customer base, is to either create an arbitration clause that can be comprehended by most customers or not include it in its new…
It’s also not always the best answer – or the cheapest. In fact, arbitration is not always less expensive than litigation. Arbitration also comes with a few drawbacks. First, it does NOT eliminate discovery. This is the extensive and costly process through which disputants make documentation regarding the issue available.…
The most common methods of alternative dispute resolution, such as mediation and arbitration, also provide much more privacy to the parties as they resolve their dispute. Whereas courtroom trials are public events, alternative dispute resolution takes place behind closed doors. Often, the details of mediation and arbitration are never disclosed to those outside of the…
3. List three advantages of taking a case to small claims court. - Inexpensive, the filling fee is lower than in regular civil court and don’t have to pay a process serve the complaint. - Quick, you get a hearing after you file your small claim and your case will be decide either immediately after the hearing or within a few weeks. - You do not need a lawyer in small claims court.…
The United States Supreme Court has been a topic of controversy on several cases, during the last several decades in our country. If we look back in time, history shows us that the US Supreme Court has made several big mistakes in the ways they handled several federal court rulings. In the year 1944, just briefly after the battles and war between the United States and Japan, the Supreme Court ruled a law that would be considered immoral, and racial profiling in the present time. The Korematsu v. United States court case of 1944 was a heavily criticized court ruling.…
Plea bargaining is a deal offered by the prosecution to the defense, which would be a guilty plea with a lighter sentence. The prosecution, defense, and judges all play a role in a plea bargain. Although it offers several benefits. , the plea bargain has faced much criticism from the public. However, the plea bargain has become a significant part of the criminal justice system in the United States, with only 4% of cases actually going to trial because of these deals.…
19. Arbitrators heavily weigh offers of a compromise grievance settlement before the arbitration hearing since this offer reveals the intent of one or both of the parties. 20. All things considered (time and expense involved), arbitration offers fewer advantages to the parties than other methods of grievance resolution, such as "pulling the pin" through sudden strike activity. MULTIPLE CHOICE 1.…
The Equal Protection Clause is the constitutional promise that no individual or class of persons can be denied the same protection of the laws that is enjoyed by others individuals or classes. These protections include life, liberty, property, and the pursuit of hapiness. The Substantive Due Process Clause is similar in that it states that no person can be deprived of either life, liberty, or property devoid of due process. Substantive Due Process clause put limits on the content or subject matter of state and federal laws. The Substantive Due Process Clause keeps the government from violating certain fundamental constitutional rights of individuals or parties.…
Settlements involving in Minors’ can be quite complex. In the state of Florida, any kind of settlement made on behalf of a minor must follow the rule, procedures and protections set forth in statutes. Florida statute 744.387, states the parent/guardian of a minor child may settle a claim on behalf of a minor. This is only when the settlement’s gross amount is less than $15,000. If the settlement is more than $15,000 the parent/ guardian must receive approval of the settlement from the court.…
Can an argument be made that alternative dispute resolution diminishes our constitutional rights to a fair trial? Compare and contrast the fairness between a civil trial court decision and a decision reached by a single mediator in a binding mediation. The fairness of a civil trial decision and a mediation decision has many differences, such as who makes the decision and whether or not there is a right of appeal. The fairness of a civil trial decision includes a judge, jury, a winner and a loser.…
Recently, a vast amount of research by criminologists focused on the disparate treatment of African Americans in terms of a plea bargain. As Savitsky argues, that plea bargain is one of the most crucial variables in the high level of racial stratification in prisons that accounts for 95 percent of criminal dispositions. Black's dilemma whether to accept a plea deal or proceed to trial given their general lack of confidence in the Criminal Justice System, renders them at a disadvantage that systematically leads to differential bargain outcomes that aggregate the disproportionately ratio of incarcerated African Americans. The process of plea bargain received substantial criticism as it vests much more discretion to prosecutors than…
The advantage of using distributive negotiation is that it helps solve conflicts with very high stakes like the one Ben and Jocelyn are in, where other methods would automatically fail (Kaczmarek,2010). The disadvantage of distributive negotiation is that in situations where it becomes impossible to guarantee each party…
If you go out and about within our country and you ask people if they knew very much about the United States court system, they will most likely tell you that they do not know very much about the court system unless they have been involved with the court system whether it be federal or state level. Most people do not realize that the court systems have three levels within them or that there is certain situation that will allow you to get to one level or the other. There is a whole lot of information that some people may not know. They may not know about judicial review and how it came about. Some people may not even know how justices decide the ruling of their cases.…