Appellate court

Stated in the book CJ in the USA: An Introduction to Criminal Justice “The courts are just one component of the overall criminal justice system. The function of the courts is to judge and make proper disposition of crimes, it is in this venue that the guilt or innocence of a defendant is determined”(Byrum,2014). Key players important to the court system are prosecution, defense, judge, and the jury. To start off the prosecutor works with police by reviewing evidence, and preparing a search…

limited jurisdiction. This would consist of local, municipal, and Justice Courts. These courts tend to handle local matters and municipal violations. Municipal courts also handle a lot of misdemeanor violations of state law that took place within their jurisdiction. Justice Courts oversee a broad range of civil cases as well as hold preliminary hearings for many felony cases. Level 2 is the Superior Court. The Superior Court is able to oversee most cases within Arizona. Felonies, large lawsuits,…

Howard D. Brunson (Plaintiff-Respondent) v. Affinity Federal Credit Union Legal Citation: 954 A.2d 550 (N.J. Super. App. Div. 2008) Date Decided: May 05, 2009 Legal History: Howard D. Brunson the plaintiff filed a four count complaint in the Supreme Court of New Jersey against Affinity Federal Credit Union and Wilcox for being liable to him for malicious prosecution (Count 1); That Wilcox was liable to plaintiff to negligence (Count 2): That Affinity was liable to plaintiff in hiring of Wilcox…

New Jersey courts have considered the following factors in deciding whether the employee was an independent contractor or an employee (the list is not exhaustive): 1. Review type of payments, W2, 1099’s, or cash; 2. Review payroll records for the worker; 3. Read any contracts between the companies involved, including indemnification cause, which may render the independent contractor defense moot; 4. Investigate any pending IRS issues pertaining to the worker’s status; 5. Determine who supplied…

to order commitment of a youth to the House of Refuge, these include commissions and by courts (Gehring). Most of the juvenile’s day…

The individuals and organizations who decide to file an amicus brief must adhere to the specific regulations and guidelines, which are set by the United States Supreme Court. To file an amicus brief, the interested individual and or group must previously receive permission of all parties involved in the case, which is being heard. Although, “the United States SolicitorGeneral, government agencies, and local or state governments do not have to seek permission to file” an amicus brief (Salzman;…

process given to them through the Fifth Amendment of the United States Constitution. • What kind of due process issues? In the same example, Cinderella pointed out the FTC’s failure to provide them with fair due process. Rosenbloom points out that the Court of Appeals determined the FTC “ma[de] its decision without reference to the record produced by the hearing, and allowing Dixon to participate in the deciding the appeal” (p. 90). During, the second hearing held by the FTC, a commission…

was that the plaintiff has to prove that there was intent to discriminate in order to establish an equal protection violation. Under this argument the respondents claim that the courts have consistently ruled that intent must be established in order to back up any claims of violations. They claimed that previous courts have conceded that “the Fourteenth Amendment guarantees equal laws but not equal results” . They argued that the plaintiff has failed to meet the burden of proof because the…

circuit court of appeals is a three-prong system. The lower level is the state circuit court of appeals, and the second would be federal appeals, and for the most controversial cases the United States Supreme Court. The duty of all of the lower level c courts are the same…to determine if the trial court did make any legal errors, and if so can a new legislation or law be made to ensure it does not happen again. The duty of the Supreme Court is to determine if a decision the Federal Court made…

Employers seeking alternatives to jury trials have traditionally looked to arbitration agreements. It is clear from my research the that Federal Courts will not permit states to constrict arbitration, and they will enforce arbitration agreements in all but the rarest circumstances, no matter how much advantage they give to the stronger parties. I agree with the legal trend that is visible in state and federal case law, to the extent that it has grown tremendously since the FAA was enacted, but I…