Missouri Court of Appeals Federal representation. The diagram below represents the fundamental idea behind Federalism where the power of government is divided between one national government and state or regional government. This student is comparing the federal court system to the Missouri court system. The municipal…
invoke a sense of unity across the nation. Through the use of rhetorical devices such as strong dictation, emotional appeals, powerful language, and brevity, Kennedy was able to deliver and immensely effective speech that inspired and emboldened his audience. One of the most notable devices used in Kennedy’s speech was simply the way it sounded. He focused…
For six years Judge Mark Ciavarella and Judge Michael Conahan were using their authority to benefit themselves. Kids for Cash was a scandal, which consisted of kickbacks at the Luzerne County Court of Common Pleas that was located in Wilkes-Barre, Pennsylvania. Kickbacks are a form of corruption when law-enforcement seeks personal gain, such as money through the abuse of their power. These two judges were convicted for receiving millions of dollars by the owners of PA Child Care. The reason they…
The 1931 Al Capone Case of Al Capone could be described as an attempt to prosecute whatever will stick. More specifically, Linder states that a man who could not be punished for murder, is later punished for tax-evasion (Linder “All Capone Trial (1931): An Account”). However, the trial itself was not easy. More specifically, the witnesses needed to be made up of individuals who would turn on Capone (Linder “All Capone Trial (1931): An Account”). Even more so, Capone attempted to influence the…
three appellate courts. Court of Civil Appeals, Court of Criminal Appeals, and the Supreme Court of Alabama. These courts have discretionary jurisdiction. The Court of Civil Appeals has five judges, they have jurisdiction in cases involving more than $50000 in damages. This court also considers appeals from state agencies and court decisions. The Court of Criminal Appeals has five judges. They consider appeals from Alabama’s municipal courts as well as appeals from misdemeanor and felony cases.…
In past 30 years Canadian courts are struggling with the Charter’s emphasis under section 11(b) that “any person charged with an offence has the right to be tried within a reasonable time”. There has been still not any clarity what is “reasonable time” despite courts has described some factors to determine it. The most important case with reference to reasonableness was R v Askov (1990), where the Supreme Court held (9-0) that accused rights have been violated under section 11 (b) of the Charter…
country based on the individual. He also successfully convinces the audience that the world is in fact becoming a better place for all of society. Steven Pinker also demonstrates his in depth understanding of the society as a whole. The use of the appeals shows that the audience stayed engaged throughout the whole speech and does not lose interest because both speakers are able to connect to each audience member…
case 1. During an appeal, the appeals court is required to rely on the evidence submitted during the trial. The "record," which is made by both parties during the trial, including all objections and other submissions of evidence, is binding on the appeals court, unless it was erroneous or not reasonable to believe or accept that evidence. Further, decisions of fact and credibility are typically left to the jury to make, and appeals courts prefer not revisiting…
the necessary time. The County Court trial judge followed previous practice and forced Dietrich to go to trial without representation. Dietrich was acquitted on two of his charges, and was found guilty on the importation charge. He then wanted to appeal to the Supreme Court but was denied; thus he took his case to the High Court. Dietrich argued that an indigent (poor) accused who wished to be represented, was entitled to have counsel provided at public expense when being tried on any…
matters into consideration. R v. R [1992] 1 AC 599 is a clear example of spousal rape being permitted under common law made illegal. The judiciary through persuasive precedent made new law outside of parliament. The case was decided in the Court of Appeal for which the House of Lords being a superior court adopted the precedent set in a lower…