had not heard the first announcement of the police officers presence. The Utah Supreme Court based its decision on the United States Supreme Court’s decision in Mincey v. Arizona that reasonableness of an exigency requires emergency assistance of an individual or property when there is a threat of serious injury or death, and this situation was not serious enough to justify a warrantless entry of the home (Supreme Court of The United States, 2006, p.…
On account of Hiibel v. the sixth Judicial District Court of Nevada, Larry Hiibel had been captured and accused of defying Nevada's state law called "stop and identify." Hiibel was with a more youthful lady sitting in his truck when the nearby Sheriff's Department got a call around a man who had struck a lady and was in a red and silver GMC truck, which both fit the depiction and area of Hiibel at the time. At the point when the cop drew nearer Hiibel and requests his recognizable proof he…
The landmark decision by our Supreme Court in 1973, Roe v. Wade, is one of the most influential Supreme Court decisions affecting women still today. Prior to Roe v. Wade, society had just experienced a sexual revolution and a strong feminist movement of the 1960's. (thought) Women were empowered and wanted their voices heard. Women demanded rights and control over their bodies. The legalization of abortion, with an emphasis on privacy as it relates to abortion, was a fight that was not going…
AT&T’s suit won over the district court and found Microsoft liable for infringement. However, Microsoft disliked the district court’s ruling at appealed the case to the Federal Circuit, which is the only appellate court with the authority to hear appealed patent cases, only to be charged as liable for a second time. The Federal Circuit looked at one of the few similar cases that…
evident today. Engel v. Vitale was a landmark case that that showed up in the Supreme Court in the 1960s that would affect the future of prayer in public schools for years to come. The historic case of Engel v. Vitale resulted from a complaint that arose in the public school of New Hyde Park, New York. It was first brought to the courts…
Judicial Review I believe having a Supreme Court is valuable for any democracy to maintain fairness between governmental power and the rights of citizens. However, with a court that wields such authority, the justices serving these courts must be appointed in a manner that represents a balance in political ideology. Moreover, if multiple appointments are made to the Supreme Court by a president and congress of one political persuasion, the court’s rulings can overwhelmingly favor a particular…
Although a majority of documents convey the impression, to be against the Supreme Court having the power to question the constitutionality of federal laws; but the amount of documents that agree, have more solid evidence in their argument. The Supreme Court should have the power to overturn unconstitutional federal laws. Federalist No. 78, the Marbury v. Madison decision, Article III of the Constitution and the Judiciary Act of 1789 are prime examples to prove that the judicial branch has the…
Who is Judge Neil Gorsuch? He is currently forty-nine years old and a nominee for the Supreme Court of the United States. He has the typical high educational degree background any Supreme Court justice has. He attended and graduated from Columbia, Harvard, and Oxford. His religious background is a bit unusual, he grew up Roman Catholic and attended weekly mass with his siblings but now he attended an Episcopal Church. Gorsuch seem like a good family man with traditional religious values and…
In the case of Fare v. Michael C. (1979), the United States Supreme Court rejected the California Supreme Court’s position that a juvenile's request to see his probation officer constitutes an invocation of the right to remain silent within the context of Miranda v. Arizona (1966). Sixteen year old Michael C. was taken into custody by the Van Nuys, California police department on suspicion of murder. After being advised of his Maranda rights, and acknowledging he understood them, he was asked…
Elena Kagan is the fourth woman in history to be appointed as a Justice in The United States Supreme Court. In this paper her background including her early life, legal education, and professional activities prior to her nomination to the Court will be discussed. Justice Elena Kagan was born on April 28th 1960 in New York City to Gloria and Robert Kagan. She was the second of three children in a middle class Jewish family living on Manhattan’s Upper West Side. Kagan’s mother Gloria worked as a…