the parties would consist of Judiciary which would be independent and elected just like the U.S. does. However‚ the highest court would be just like the U.S. providing a Constitutional Court that states “Equal Justice under Law” these particular courts only deal with cases that only pertain to the constitutional rights of others wellbeing. Consequently‚ the Supreme Courts does the opposite anything not pertaining to the Constitution; but also their duty is to help maintain the Legislation and Jurisdiction
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Outline and Briefly Explain the Federal Court System The U.S. has a dual court structure. To be exact‚ we have a federal judiciary system and the systems that are operated by each of the states. This dual court structure is a unique feature of the American judicial system. Although most cases are tried in state courts‚ the federal court is playing a larger and larger role in finding resolutions to disputes. Partly‚ this is because congress in recent years has enacted a range of new laws that grant
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precedent rests‚ is that a hierarchy of courts is needed if it is to operate. The concept of stare decisis‚ meaning to stand by what has been decided‚ forms the basis of the doctrine of judicial precedent. The notion is that like cases should be treated alike for the sake of certainty and consistency which‚ it is argued‚ leads to fairness. The effect of this is that‚ ordinarily‚ the legal reasoning on a point of law made in an earlier case must be followed. If all courts‚ regardless of their status or seniority
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this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as ratio decidendi. The doctrine of precedent is based on stare decisis‚ meaning to stand by what has already been decided. On the other hand‚ judges can be creative. For example‚ judges can use distinguishing to develop the
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have their own court systems. Therefore‚ while the Constitution states that the federal government is supreme with regard to those powers delegated to it‚ the states remain supreme in matters reserved to them. Both the federal and state governments need their own court systems to apply and interpret their laws which are done by specifically spelling out the jurisdiction of their respective court systems. U.S. District Courts‚ U.S. Circuit Courts of Appeal‚ and the U.S. Supreme Court are all one type
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To Pay or Not to Pay College Athletes? In the article‚ “The Shame of College Sports‚” noted author and historian Taylor Branch discusses the injustice of the National Collegiate Athletic Association not paying their college athletes. Branch references and goes into detail about several legal cases‚ in which the NCAA blatantly takes advantage of players and their families. He lectures his audience on the extensive history of the NCAA‚ pointing out many ignoble and hypocritical actions committed
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Mayor Simulation Memo Lauren Pander HIS/301 January 16‚ 2015 Joshua Bearden Mayor Simulation Memo To: City Council Staff From: Mayor‚ Pander‚ Lauren Date: January 16‚ 2015 Subject: Memorandum for Record Re: Civil Rights Upon careful review of Court Calendar Notebook decisions regarding the state’s civil rights issues have been reached. Below are my final decisions‚ as well as justifications for each. 1. Construction Lawsuits: In order to avoid construction lawsuits the recommendation is as follows:
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that residents face consistent underinsurance in the State‚ which is almost as undesirable as being uninsured (Young‚ 2009). The U.S. Appeals Court in Atlanta has already deemed the passing of this act as unconstitutional (Brent‚ 2011). It is a contested issue on which the Supreme Court is set to hear arguments in the coming weeks. Another appeals court in Virginia has stated that legally‚ this matter should be revisited when taxpayers are made to pay penalties‚ in the next three years (Savage‚
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Which of the following is not a tactic that interests groups use? a. lobbying to influence policy b. forming PACs to influence elections c. fielding candidates for office in general elections d. litigating to influence policy through the courts e. appealing to the public to promote a positive group image 7. Which of the following is true of amicus curiae
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Article 1: Petition asks province to protect zoo animals a) Source: The Globe and Mail (http://www.theglobeandmail.com/news/canada/toronto/story/2012/09/17/toronto-marineland-petition.html) b) Date of newspaper: September 17th‚ 2012 c) Summary: This article is about some former employees who worked at Marineland and have filed a petition with 77‚000 names bringing awareness and urging the government to take immediate action to regulate zoos. Premier Dalton McGuinty recognizes the concerns behind
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