Tennis court

Jurisdiction is the power of the court to render a decision about the case in question. In this case we have the potential for three jurisdictions, California, Florida and/or New York. Although, Mr. Margolin filed suit against Novelty Now Inc. in the state of New York, the most appropriate jurisdiction would be in California. We know the business owners live in California and if we assumed that the servers and computer equipment are also based in California, the court will have personal…

Throughout the Fall 2016 semester, I visited several different courts uptown for my American Criminal Courts class. When I saw this assignment on the syllabus, I was very eager to complete it because I wanted expand my knowledge in the court system and how it works. I had previously observed in a courtroom for my Civics and Economics class in high school, but it was very basic. I went to the courthouse afterhours and completed a mock trial with other peers. Even though it was basic, I still had…

Case Name: Payne v. Tennessee, 501 U.S. 808 (1991) Statement of Facts: The defendant Payne broke into his girlfriend’s neighbor’s house and tried to engage in sexual activity with her, she refused then Payne became violent. He killed Charisse, a mother of two and he killed her daughter. He also severely injured her son also by stabbing him numerous times. The cops saw him walking out the house with blood on his clothing. Throughout his sentencing he got several people to testify that he had…

During the trial where I am the judge of the case, there is the Gagnon 1 hearing in the state of Pennsylvania, if someone has been arrested for a violation of probation, the authorities are required to follow "due process" if the authorities are seeking to revoke that person's probation. According to Pennsylvania's highest "law of the land," the probationer will be guaranteed the two specific hearings before there will be any type of revocation of parole that can take place. With the first of…

succo / Pixabay The American legal system has long depended upon the lowly juror to effectuate justice within its system. The juror is the fact-finder in most civil criminal matters in a court of law in the United States. The juror decides which set of presented facts represents the best truth, and how to mete out justice based on those findings. And although we do not think about it often, as a fact-finder, the juror is pivotal in protecting society from abuse by corporate and governmental…

Judicial review of the hearing officer’s decision is only permissible when there is no supporting evidence and/or the hearing officer used improper legal standards, or as the defense phrases it the decision is erroneous. The defense makes various arguments as to why the decision is erroneous. First off, the defense presents two standards to be considered when determining whether a refusal occurred: 1) whether the individual’s statements and behavior objectively indicted a willingness or…

Mezo’s only comments were “not to have too much fun” (Hemmens, 2013). Hudson came out of the fight with minor bruising and swelling to the face with a cracked dental plate. The Court of Appeals agreed the beating was unlawful and the use of force was unnecessary, but because Hudson did not suffer from…

Although verging on the progressive, Richard II presents a rudimentary version of this procedure when Bolingbroke listens to testimony regarding the death of the Duke of Glouster. This trial, like that of treason, was considered a criminal offence and, therefore, scholar J.H. Barker would posit that a petty jury was warranted based upon a breach of the king's peace as he writes, "[t]he classical form of the 'petty jury' appeared first in criminal suits, where its use was warranted by the…

use of deadly force and then let the jury decide whether the defendant had spoken the truth or not about acting in self-defense. In this case the judge made an error by denying that instruction. Heffernan knew that it was very possible the appeals court would reverse the conviction due to this legal error. This would be a predicament as many of the witnesses had moved or disappeared during the year and a half between the trial and appeal. The prosecutors could have read the witness statements…

orders the offender to court, the offender must go. If the offender does not show, the accuser must call a witness. If the offender avoids the situation, the accuser may fight him but if the offender cannot do so because of physical issues, he can build a team to do these duties. For a landowner, he must be his own security but for the working-class, he may let anyone protect him. Once the accuser and offender come to an agreement, the judge will announce the agreement to the court. If they…