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Free research papers and essays on topics related to: appellate court

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  • Buford V, United States - 811 words
    Buford V, United States Brief of BUFORD v. UNITED STATES Certiorari to the united states court of appeals for the seventh circuit No. 99-9073. Argued January 8, 2001--Decided March 20, 2001 TYPE OF CASE. This case has to deal with the certiorari (Latin for "to be informed") from the United States Court of appeals for the seventh district. This case raises a question of the sentencing laws. What is the standard of review as it applies when a court of appeals reviews a trial court's Sentencing Guideline determination as to whether an offender's prior convictions were consolidated, hence "related," for purposes of sentencing? In particular, should the appeals court review the trial court's deci ...
    Related: state court, states constitution, states court, united states constitution, united states court
  • Child Abuse Laws - 1,198 words
    ... sonable care in hiring also applies to the selection of volunteers, since the purpose of this rule is to assign responsibility for injuries to third persons. A notable case out of Virginia deals directly with the issue of liability for the negligence of a volunteer. In "Infant C. v. Boy Scouts of America, Inc." (391 S.E. 2d 322(Va.1990)), a child and his parents sued both the national and local Boy scouts office for negligently selecting and retaining a volunteer scoutmaster with a criminal record for sexually assaulting scouts in another state, who allegedly molested the child plaintiff. The courts inquiry turned on the selection process itself and found that the evidence supported the ...
    Related: abuse, abuse prevention, child abuse, law enforcement, megan's law
  • Gerrymanderingto Kill A Mocking Bird - 598 words
    Gerrymandering/To Kill A Mocking Bird Scott Colson Chris O'Connell To Kill A Mockingbird March 5, 2000 GOMILLION ET AL. v. LIGHTFOOT, MAYOR OF TUSKEGEE, ET AL. The unprecedented Gomillion v. Lightfoot came to the Supreme Court because the borders of Tuskegee, Alabama were redrawn. They went from a square shape to an irregular one to exclude black neighborhoods, on the outer edges of the city, violating the 15th Amendment, denying them a vote because of race. This practice is also known as racial gerrymandering. On October 18 and 19 of 1960 this case was argued. The decision was made on November 14, 1960. The case was pulled up from the Fifth Circuit of Appellate Courts. The Plaintiff, the Af ...
    Related: bird, mocking, to kill a mockingbird, brown v board of education, equal protection
  • Home School - 1,673 words
    Home School Before the beginning of American public schools in the mid-19th century, home schooling was the norm. Founding father John Adams encouraged his spouse to educate their children while he was on diplomatic missions (Clark, 1994). By the 1840's instruction books for the home were becoming popular in the United States and Britain. The difficulty of traveling to the system of community schools was provoking detractors. At this time, most of the country began moving toward public schools (Clark, 1994). One of the first things early pioneers did was set aside a plot of land to build a school house and try to recruit the most educated resident to be the schoolmarm. This led to recruiting ...
    Related: high school, home school, home schooling, public school, school activities, school children, school district
  • Jeffersonian Republicanism - 1,889 words
    Jeffersonian Republicanism After the extreme partisanship of 1800, it was expected by supporters and foes alike that the presidential administration of Thomas Jefferson would pioneer substantial and even radical changes. The federal government was now in the hands of a relentless man and a persistent party that planned to diminish its size and influence. But although he overturned the principal Federalist domestic and foreign policies, Thomas Jefferson generally pursued the course as a chief executive, quoting his inaugural address "We are all Republicans, we are all Federalists." With true republicans warming most of the seats of power throughout the branches, except in the Judiciary, he sa ...
    Related: jeffersonian, republicanism, justice john, republican congress, openly
  • Joan Of Arc - 2,057 words
    ... describe the disgraceful ingratitude and apathy of Charles and his advisers in leaving the Maid to her fate. If military force had not availed, they had prisoners like the Earl of Suffolk in their hands, for whom she could have been exchanged. Joan was sold by John of Luxembourg to the English for a sum which would amount to several hundred thousand dollars in modern money. There can be no doubt that the English, partly because they feared their prisoner with a superstitious terror, partly because they were ashamed of the dread which she inspired, were determined at all costs to take her life. They could not put her to death for having beaten them, but they could get her sentenced as a ...
    Related: joan, joan of arc, catholic encyclopedia, electronic version, canon
  • Micro Soft The Split Of An Empire - 2,374 words
    ... rosoft has proposed that all of the above restrictions remain in place for four years instead of the ten as requested by the government, stating that nothing in the record would justify such a long term for relief. In their filings made with the U.S. District Court with their own proposals, Microsoft asserted that Judge Jackson's previous findings did not warrant the extreme measure of dividing the company in two. In stark contrast to the relief sought in its complaint, the government seeks to rip apart the company that until recently had the largest market capitalization in the world - an extreme remedy not even hinted at in the government's complaint, stated one of Microsoft's last fil ...
    Related: empire, micro, soft, split, saddle river
  • Microsoft - 1,510 words
    Microsoft MICROSOFT Briarcliffe College Microsoft Corporation, leading American computer software company. Microsoft develops and sells a wide variety of computer software products in more than fifty countries. Microsoft's Windows operating systems for personal computers are the most widely use operating systems in the world. Microsoft had revenues of $14.4 billion for the fiscal year ending June 1998, and employs more than 27,000 people in 60 countries. Microsoft has it's headquaters in Redmond Washington. Microsoft's other well known products include, Word, a word processor; Excel, a spreadsheet program; Access, a database program; and PowerPoint, a program used for making business present ...
    Related: microsoft, microsoft corporation, microsoft office, microsoft word, executive vice
  • New York Times Vs Us 1971 - 1,108 words
    New York Times vs. U.S. (1971) This case came at a time when America was at unrest. A controversial war had divided the country. Opinions and arguments about whether the US involvement in Vietnam was warranted occupied the minds of American citizens. The people were hungry for information regarding the war. The Pentagon Papers, somehow leaked to the New York Times and Washington Post, fulfilled this need of the people for information. The government's assumption of prior restraint seemed to be a major blow to free speech and a sharp addition to the power of the government. The appellate courts' indecisiveness brought the ultimate decision to the Supreme Court. There was a deep division of op ...
    Related: york times, free speech, general john, president nixon, assumption
  • Product Liability - 1,168 words
    Product Liability Product Liability Every day American consumers purchase products that they feel are beneficial to there development. Where that lies depends on the consumer. However, One underling variable is a constant when it comes to purchasing the product. That variable is whether or not the product is right for them. When the consumer purchases a product, they are liable for whatever mishaps may occur and accidents that may happen. But producers are not completely free from the liability of their product to their consumers. This is where product liability legal issues come from, a segment of the law which has seen its fare share of turmoil and difficulties. Product liability is the pr ...
    Related: liability, product liability, appellate court, personal injury, injured
  • The Conflict Of Interest Inherit In Administrative Review - 2,807 words
    The Conflict Of Interest Inherit In Administrative Review The Conflict of Interest Inherit in Administrative Review and the Ineffectiveness of the Current Standard of Review by U.S. District Courts Law and Medicine By # I. Introduction The Employee Retirement Income Security Act, better known as ERISA, has been a major issue in healthcare litigation since its inception in 1974. ERISA governs any claim centering on health insurance, disability insurance, or any other employer provided benefits. ERISA affects many aspects of the American legal system, from inter-state commerce to bankruptcy, and particularly insurance and healthcare law. ERISA contains clauses for both the procedure and subs ...
    Related: administrative, conflict of interest, inherit, benefit plans, hospital care
  • The Conflict Of Interest Inherit In Administrative Review - 2,806 words
    ... 1. However, when a trustee is not given the power to interpret a plan's terms, then the trustee's decision must be given a de novo review. Id. In Brunch, the plan did not give the trustee the power to interpret and construe the plan's terms; therefore no deference was given to the administrator's discretion. Since the plan did not grant any discretionary authority to the plan administrator, the appeal was given a de novo review by the Court. Id. at 118. Here, the Court extracted a principle developed through trust law, granting a trustee the ability to use his/her discretion, and has blended this principle in ERISA enforcement. Id. The specific rule of law obtained from Brunch holds that ...
    Related: administrative, conflict of interest, inherit, judicial review, appellate court
  • War Laws - 1,731 words
    War Laws The term "laws of war" refers to the rules governing the actual conduct of armed conflict. This idea that there actually exists rules that govern war is a difficult concept to understand. The simple act of war in and of itself seems to be in violation of an almost universal law prohibiting one human being from killing another. But during times of war murder of the enemy is allowed, which leads one to the question, "if murder is permissible then what possible "laws of war" could there be?" The answer to this question can be found in the Charter established at the International Military Tribunals at Nuremberg and Tokyo: Crimes against Humanity: namely, murder, extermination, enslaveme ...
    Related: international law, concentration camps, probable cause, supreme court, alleged
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