Jurisdiction

Should Citizenship Be a Birthright? The 14th amendment states all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the states in which they reside. From the time someone is born in the hospital in the U.S., they are legally considered an U.S. citizen. The person is given a birth certificate and a social security number linking their identity to the government proving that he or she is a natural born citizen. In…

In addressing Marbury’s third point Justice Marshall uses both Original Meaning and Intent interpretation of the Constitution as he references Article 3 which provides the jurisdiction of the Supreme Court. Marbury brought his case to the Supreme Courts under Article 2 Section 2 seeking a writ of mandamus making his case originating in the Supreme Court and not an appellate review. Marshall uses Original Intent, Original Meaning…

1- First of all, we have to meet our client- the plaintiff- to review carefully the documents and then to see if there is a likelihood of success on the merits or not. According to the facts in the case, we would advise the plaintiff to bring the litigation based on the breach of commercial contract in the US in New York federal court because this is in the best interest of the client and for several reasons we will state latter. In addition, we have to explain both the pros and cons for…

Juvenile court may order jail, detention facility, probation, and house arrest as a penalty. The type of sentencing in juvenile cases can be resolved by the juvenile court authority, and jurisdiction. Delinquent children sentencing is based off the child best interest. A judge can sentence a juvenile to a detention facility if he/she feel that is best for them. These facilities are designed for short-term stay and rehabilitation. In re H.V…

The second thing that should be done is that Colombia should be able to have jurisdictions over its own human rights cases. This is one of the problems that the state has is that the jurisdiction of the courts are confusing because of the International Courts and their jurisdiction over the human rights cases. If Colombia takes over the human rights cases it can better lead the country to a post conflict society. They also would…

Sheriff courts have got a very wide range of jurisdiction in respect of both civil and criminal matters in Scotland. The types of cases which the sheriff courts usually get are family matters, contractual disputes and usually cases which are private in nature. Since this case is between the principal and the agent and it is private in nature it will go to the sheriff court. Furthermore, the sheriff court and the Court of Session is divided into jurisdictions and procedures (black, 2008). There…

There is said to be roughly 17,000 courthouses that are operating in the United States. These courts are governmental organizations created to hear specific types of cases depending on the case itself. There are differences between the federal and state courts. Dual court system refers to the federal and state courts separation (Neubauer & Fradella, 2015). The purpose of having the federal and state courts was that the U.S. Constitution wanted the federal government to be limited of their…

First and foremost I would like to say thank you Attorney General Peterson, for bringing me on to help advise on the potential success that may come from a challenge in the Supreme Court that is in opposition of the legality of the state of Colorado’s legalization of recreational marijuana. The constitutionality of Congress being able to regulate recreational marijuana under the Controlled Substance Act of 1970, as well as the use of the Commerce Clause, is something that the court system needs…

Background of Cayman Island During the dark and moonless night of the 8th of February 1794, an navigational error have resulted ten of the British ships, including a Royal Navy vessel (HMS Convert), being wrecked on the treacherous coral reefs off East End, Grand Cayman. The local people saved everyone aboard the ships, including, so the story goes, a royal prince. When Britain's King George III heard of this act of gallantry, he is said to have decreed that the people of the Cayman Islands…

I. Jurisdiction The first step to any successful research plan is to determine in which jurisdiction the legal issue arises. Once I know the jurisdiction, I know which laws apply to the legal problem at issue. This means I must determine if the problem involves a federal issue or a state issue. If the legal problem involves a federal issue, then I must use federal laws and cases from federal courts to resolve the issue. Conversely, if the problem involves a state issue, then I must determine in…