in extensive government regulation for a quite a long period of time as compared to the United States. France is one of the Western Europe states whose law is based entirely on written civil law (Terrill, 2015). This is in contrast to England and the U.S. whose laws are mainly derived from the common law. Civil law can be defined as “the set of legal rules regulating the organization and functioning of courts of law competent disputes affecting private citizens” (Cadiet & Amrani-Mekki, 2008, p.…
In early June 2010, a Border Patrol for the United States by the name of. Jesus Mesa Jr, while standing on US soil, fatally shot a 15 year old minor that was on Mexican soil. The Hernandez v. Mesa case was argued during October in 2016 at the Supreme Court on the argument if Mexican Nations had a right to legally charge a United States officer under the pretenses of the Rights contained in the U.S. Constitution. The 15 year old’s name was Sergio Hernandez, and he was hanging around with his…
was O’Bannon v. NCAA. Even though this case started in 2013 it is still in courts to this date with appeals. Plaintiff: Edward C. O’Bannon, Jr Defendant Appellee, National Collegiate Athletic Association, AKA the NCAA Defendants: Electronic Arts, Inc.; Collegiate Licensing Company AKA CLA, Presiding Judge: Claudia Wilken, Senior District Judge Court: Northern District of California Appeals Court: Ninth Circuit Court of Appeals Appeals Date: September 2016 A little history of the…
Each state of the United States of America follows one of the particular judicial selection processes. The typical approaches to the choice of the judges are: partisan and non-partisan regular elections, merit selection and gubernatorial or legislative appointment (Chertoff, 2010). In most states a mix of those approaches is applied to the judicial selection processes within their own court system. This makes every state’s judicial selection process exceptional and unique. While all of those…
multinational telecommunications establishment, possessed a patent that protected speech recognition software in the United States. Similarly, Microsoft, an American multinational technology company, created code to make a computer program that also recognized speech, but instead decided to sell it in foreign countries. Essentially, Microsoft found a complex loophole in Section 271(f) of the United States’ Patent Act and was eventually able to legally sell their speech recognition program in…
In the United States of America there are two types of courts, federal and state. Federal courts are created under the Constitution to determine debates involving the Constitution and laws passed by Congress. State courts are created by a state which includes local courts created by cities, counties, and other municipalities. The differences between federal and state courts are defined mainly by jurisdiction. Federal court jurisdiction hear lawsuits against the United States and those…
juvenile justice models that are currently being practiced. Some countries emphasize the need to provide treatment to juvenile delinquents, while other countries emphasize the need to hold these juveniles accountable for their actions. In the United States, juvenile justice tends to fall towards the justice end of the continuum. Rehabilitation is not strictly ruled out, but it has been found that strict punishment is more effective in deterring juvenile delinquents. More often than not,…
Some people believe that we only have one court system when it is not nearly the case, in reality, there are fifty state court systems and the federal court system. In this short paper, we will discuss the roles and structures of the federal and state court system. Even though the federal and state courts have a huge amount of similarities there are also quite different in more ways than one. After the court structure, I will discuss the roles of court actors which include the judge, prosecutor…
Married United States active duty military service members were preparing for the arrival of their first child. Mrs. Romero received prenatal medical care from government medical employees at the United States Naval Hospital at Camp Pendleton, California. The couple alleged that the doctors failed to implement a medical treatment plan that was made necessary by Mrs. Romero incompetent cervix This resulted in the couple baby son Joshua's premature birth. Baby Joshua parents alleged that…
The United State’s Constitution helped establish the judicial system under Article III with three sections going over the judicial powers, trial by jury and original jurisdiction and jury trials, and treason. The courts are structured and function by the use of the constitution. Danielle Finck tells us that “The judiciary, established in Article III of the Constitution, is the least well-defined of the three branches of government. Article III speaks of judicial power that is vested in a Supreme…