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This slide show is to review basic legal research ideas.
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Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel 1. What are the differences between domestic law and international law? What are the sources for international law? Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law International law – 1) a nation can consent to be bound by international law (agree to a treaty) 2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices. 2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage Amendments · 15th – blacks · 19th –deals with women rights · 23th –Washington D.C. can vote · 24th – abolish property tax vote · 26th – Lower voting age to 18 years David Lopez 3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations. As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world. 4. What is "pleadings"? Discuss the contents of a complaint. The complaint and answer, taken together, are known as the pleadings. -The facts showing that the court has subject- matter and personal jurisdiction -The facts establishing the plaintiff’s basis for relief, -The remedy the plaintiff is seeking. 5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate. 6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution. Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution. 7. What is evidence law? What criteria must be met for evidence to be admissible. The law of evidence provides principle ...
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docx
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# 151053 Cust: Cengage Au: Hall Pg. No. iii Title: Criminal Law and Procedure Server: __________________ K Short / Normal DESIGN SERVICES OF S4-CARLISLE Publishing Services D a n i e l e . H a l l , J . D . , e d . D . Criminal law P r o C e d u r e a n d Australia • Brazil • Mexico • Singapore • United Kingdom • United States 12/20/2013 3:49:21 PM 9781305686120, Criminal Law and Procedure, Seventh Edition, Hall - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. F O S T E R , C E D R I C 1 6 9 2 T S 3 CHaPTEr 1 Chapter Outline Federalism Separation of Powers The Structure of the Court System Duties and Powers of the Judicial Branch Comparing Civil Law and Criminal Law The Authority of Government to Regulate Behavior The Purposes of Punishing Criminal Law Violators Specific and General Deterrence Incapacitation Rehabilitation Retribution Ethical Considerations: Basics on Ethics in Criminal Law Chapter Objectives After completing this chapter you should be able to: • describe the basic constitutional structure of state and federal governments with an emphasis on how structure affects criminal law and criminal justice administration. • compare and contrast federal and state authorities in criminal law. • describe both civil and criminal law with an emphasis on their differing objectives and procedures. • describe the third branch of government, the judiciary, including the structure of U.S. courts and the authorities and duties of courts in criminal justice. inTroduCTion To THE lEgal SySTEm of THE uniTEd STaTES 11/12/13 6:32 PM 9781305686120, Criminal Law and Procedure, Seventh Edition, Hall - © Cengage Learning. All rights reserved. No distribution allowed without express authorization. F O S T E R , C E D R I C 1 6 9 2 T S 4 Part i Criminal Law Federalism Before one can undertake learning criminal law or criminal procedure, a basic under- standing of the legal system of the United States is necessary. This can be a complex task, as criminal law and procedure are significantly influenced by federal and state constitutional law, the common law, and statutory law at both the federal and state levels. It will be easier to understand how these areas of law affect criminal law if we first explore the basic structure of American government. The United States is divided into two sovereign forms of government—the government of the federalism. It is also common to refer to this division as the vertical division of power, as the national government rests above the state governments in hierarchy in those areas where the constitution grants supremacy to the federal govern- ment. The Framers of the Constitution of the United States established these two levels of government in an attempt to prevent the centralization of power, that is, too much power being vested in one group. The belief that “absolute power corrupts.
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Chapter Five Constitutional PrinciplesThe Constitution The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later. federalism A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business. 1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances? Clue: Consider what might happen if one branch of government became too strong. 2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important? Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech? 3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution? Clue: If you were ignorant of the constitutional protections, how might your business suffer? In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt.
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Chapter Five Constitutional PrinciplesThe Constitution The Constitution provides the legal framework for our nation. The articles of the Constitution set out the basic structure of our government and the respective roles of the state and federal governments. The Amendments to the Constitution, especially the first 10, were primarily designed to establish and protect individual rights.Federalism Underlying the system of government established by the Constitution is the principle of federalism, which means that the authority to govern is divided between two sovereigns or supreme lawmakers. In the United States, these two sovereigns are the state and federal governments. Federalism allocates the power to control local matters to local governments. This allocation is embodied in the U.S. Constitution. Under the Constitution, all powers that are neither given exclusively to the federal government nor taken from the states are reserved to the states. The federal government has only those powers granted to it in the Constitution. Therefore, whenever federal legislation that affects business is passed, the question of the source of authority for that regulation always arises. The Commerce Clause is the predominant source of authority for the federal regulation of business, as we will see later. federalism A system of government in which power is divided between a central authority and constituent political units.Critical Thinking About The Law The Constitution secures numerous rights for U.S. citizens. If we did not have these rights, our lives would be very different. Furthermore, businesses would be forced to alter their practices because they would not enjoy the various constitutional protections. As you will soon learn, various components of the Constitution, such as the Commerce Clause and the Bill of Rights, offer guidance and protection for businesses. The following questions will help sharpen your critical thinking about the effects of the Constitution on business. 1. One of the basic elements in the Constitution is the separation of powers in the government. What ethical norm would guide the framers’ thinking in creating a system with a separation of powers and a system of checks and balances? Clue: Consider what might happen if one branch of government became too strong. 2. If the framers of the Constitution wanted to offer the protection of unrestricted speech to citizens and businesses, what ethical norm would they view as most important? Clue: Return to the list of ethical norms in Chapter 1. Which ethical norm might the framers view as least important in protecting unrestricted speech? 3. Why should you, as a future business manager, be knowledgeable about the basic protections offered by the Constitution? Clue: If you were ignorant of the constitutional protections, how might your business suffer? In some areas, the state and federal governments have concurrent authority; that is, both governments have the power to regulate the matt ...
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The U.S. Constitution and the Bill of Rights The U.S. Constitution is divided into seven separate articles, which are numbered using the Roman numerals I–VII. Each article has sections that define and clarify the article. The Constitution is approximately 4300 words in length. Each article outlines a basic function of government. Let's learn what these articles state. When the U.S. Constitution was finalized, it was signed and sent to the states for ratification. The ratification process required 9 of the 13 states to agree to ratification before the U.S. Constitution was official. As a compromise with the antifederalists, the Bill of Right was conceived to allay their fears and to buy support for the ratification. After lengthy discussions among the states, in 1789, the Bill of Rights was added to the Constitution as the first ten amendments, which aimed at protecting the rights of the citizens of the newly formed United States of America. Today we cannot imagine the Constitution without the Bill of Rights. However, the original Constitution did not have the Bill of Rights until it was amended. Let's learn about the Bill of Rights. The last amendment (Twenty-Seventh Amendment, limiting congressional pay increases) to the U.S. Constitution was ratified in 1992. Ratification occurs after three-fourths of the states vote for the amendment. Congressional Outputs and Committee Work Both the U.S. House of Representatives and the U.S. Senate has many committees and subcommittees. It is often stated that the real work of Congress is done in committee. This is where bills are initially assigned, debated, and amended. A bill can remain in committee and never emerge. Passing through a committee is a rite of passage for bills that become law. The main responsibilities of these committees are related to legislation, but there are other committees that have other outputs. Let's learn about the different types of congressional committees. Legislation that reaches the U.S. House or the U.S. Senate is referred to a committee, depending on congressional law and procedures. It can go to the standing committee or a subcommittee, where the initial work is done on the legislation. After the hearings are complete, the bill undergoes a markup (or changes that have occurred to the bill as a result of the work of the subcommittee). If the bill is accepted by the subcommittee, it goes to the standing committee for a vote or further hearings. If ultimately passed by both houses of Congress the bill must be reconciled between the U.S. House and the U.S. Senate so that both legislative bodies pass exactly the same bill. The U.S. Court System The judicial branch of the U.S. government was created by Article III of the U.S. Constitution. At the time of the signing of the Constitution, there was no federal court system and the states had control over the loosely interpreted rule of law. The shaping of the judiciary was left to Congress, which decided the number of justice.
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