Civil Procedure Outline I. Personal Jx- in what states can the π sue the Δ. a. In personam- pwr over the person. General jx- the Δ can be sued in that state for a claim that arose anywhere in the world. Specific jx- the Δ is being sued for a claim that arose from their actions w/in the forum. i. Constitutional Limits- Due Process Circle 1. Pennoyer v. Neff- Traditional basis for in personam 1. The Δ is served with process in the forum- presence- general jx 2. Service on the Δ agent in
Premium Civil procedure Common law Appeal
History. The study of past events. To understand criminal procedure and its issues we must first dive into the history that has lead us into today’s modern concept of criminal procedure. Criminal Procedures can date back to the very beginning of time with Hammurabi’s code‚ roman law‚ etc. but we won’t be going that far back. Instead to understand Americas Criminal Procedures you must view and understand the struggle between the individual and conflicting interests. In the book written by Esmein‚
Premium History Law United States
Criminal Procedure Name:_Kelyne A. Folefac _________ Chapter 11: Extra Credit - Due: May 7 Instruction: Please complete and submit a hard copy in class on Tuesday May 7 (10 points). Chapter 11 Fill in the Blank 1. If the prosecutor files charges which are discriminatory in nature‚ the prosecutor has violated the _________Fourteenth___________ Amendment of the U.S. Constitution. 2. According to the Supreme Court‚ prosecutors have enormous _____Discretion___ in determining what charges
Premium Jury Gideon v. Wainwright Supreme Court of the United States
Criminal Procedure Policy Paper CJA/364 Criminal Procedure December 19th‚ 2011 William Mosley University of Phoenix Intro The contest of strength between the Crime Control Model and the Due Process Model is similar to attempting to satisfy every person‚ each and every second and no one some of the time. Debates are good for both models‚ but for all growth on one side‚ there must be one on the opposing side as well. The Crime Control Model‚ prosecutor or the police‚ is not in favor for
Premium United States Constitution Supreme Court of the United States
have to take them to court and prove that their arrest was justified and the suspect had committed‚ was committing or was on the process of a crime in a court of law. As a result‚ they need all the support they need to put away the bad people. One way to support their work is assisting in the criminal procedures which can be described as the safeguards against the favoritism in the execution of criminal laws and the unchaste treatment of accused criminals. Criminal procedures‚ evidence‚ and testimonies
Premium Fourth Amendment to the United States Constitution
Elements of a Crime and how the elements of a crime apply to the overall criminal procedure process? The three elements of crime are actus reus‚ mens rea‚ and the relationship between the two. Actus reus is commission or omission that is illegal. The act must be voluntary and must break a criminal statue. Mens rea is the guilty state of mind. Accidently switching briefcases with someone at an airport does not possess mens rea. (Jon’a F. Meyer‚ Diana R. Grant‚ 2003) The relationship of the two must
Premium Criminal law Crime Criminal justice
Criminal Court Visit Essay Abstract The purpose of this paper is to highlight the different aspect of the Criminal Justice after visiting the criminal justice office(s). The visit is done during the last week of September 2010 and the visiting point was the United States District First Court of Appeal‚ the court located at 301 S. ML King Blvd. Tallahassee‚ Florida. In this paper the findings will be discussed that what factors (selected) are involved that affect the process of administration
Free Crime Criminal justice Law
leading to the creation of international organizations known as the International Criminal Court (ICC). Its purpose would be to capture criminals who had committed crimes against humanity and try them when their home nations refused to do so. Although there have been such courts in the past‚ the ICC would be the first of its kind to be a permanent international court. However‚ as all international organizations are‚ the courts are laden with internal disputes and disorganization from the sheer amount of
Premium International Criminal Court World War II
the Issue of Downloading Reference to Concept in Reading Civil Law & Criminal Law Downloading music illegally can be brought under the envelope of either the civil law or the criminal law. The individual(s) or the entity(ies) that own the property(music) can file a civil lawsuit against the website that offers music for downloading. In other case a criminal case can be brought against those who download and use the music. “Civil cases may include suits for breach of contract or tort cases
Premium Law Copyright Criminal law
Criminal Procedure Policy James Knight CJA/364 October 17‚ 2012 David Klein * * Criminal Procedure Policy * The criminal procedure policy is initiated with a crime committed by a perpetrator. This process for the criminal can end at any of the various steps of the criminal process. As a criminal is process the individual has rights that are provided by the United States Constitution to ensure fairness and justice. The two major procedural models that shape the criminal
Premium United States Constitution United States Bill of Rights