Constitutional Law Case Brief

Mr. Potbelly holds a garage sale at his home. Mr. Slim Jim stops by the sale and upon noticing a rare piece of art pottery offers a price of $100 for the art that is marked $250. Mr. Potbelly accepts Mr. Slim Jim’s offer. Mr. Potbelly informs Mr. Slim Jim he is selling his home because he is moving up north because he has lost his job. Mr. Slim Jim asks how much he is selling it for and Mr. Potbelly informs him he is thinking $75,000. Mr. Slim Jim offers him $70,000 cash for the property which Mr. Potbelly immediately accepts the offer. Mr. Slim Jim informs Mr. Potbelly that he will be back in one hour with a cashiers’ check made payable to Mr. Potbelly. Mr. Potbelly says “Great!” and that while Mr. Slim Jim

In the case of Robert Tolan and Marian Tolan vs. Jeffrey Wayne Cotton, I will be discussing what interest me about this case. I will also deliberating on the liability and criminal liability of this case. The Tolan vs. Cotton case interests me because the United States have so many police that are brutalizing citizens. In some cases the police officers are getting away with it. After reading, reviewing, and studying this case I have learn a lot about the criminal system and laws that men and women should obey. I will explain how the nine judges on the Supreme courts all came to a verdict against the police officer Jeffrey Cotton after he shot an innocent suspect. This people

Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse

Throughout history, many cases have gone beyond local courts and have reached Supreme Court. One of the most famous cases to reach Supreme Court is Marbury v. Madison. Marbury v. Madison was a case that was fought because James Madison refused to deliver Marbury’s commission. In return, Marbury had petitioned for a writ of mandamus in order to receive his commissions. The Supreme Court had reinforced the “Marbury” decision in many cases, for example McCulloch v. Maryland, Cohens v. Virginia, and United States v. Le Baron.

The Supreme Court is the courtroom where all the legal cases dealing with congress or the constitution go to get a final decision. The Court is currently composed of a chief justice, eight associate justices, and nine officers. Their main goal as members of the Supreme Court is to make sure everything and anything abides by the constitution. It has many powers when it comes to law and especially the constitution, but it is not overly powerful due to the other two branches of the government. Checks and balances helps keep their powers level and just as important as the executive and legislative branch powers. The Court has the ability to remove a law or refute anything that violates the United States Constitution. The Supreme Court, on average, receives around 7,000-8,000 petitions for a writ of certiorari every term. The Court grants and hears oral arguments for eighty cases. One case specifically was Printz v. United States. This case focused on dealing with background checks when purchasing a firearm. Jay Printz deemed the provisions to the Brady Bill unconstitutional, decided to take it to the District Courts and eventually the case ended up in the Supreme Court, where Stephen P. Halbrook fought and won the case based on a five to four ruling in favor of Printz.

clause (ii), and it is simply too unlike the provision's listed examples for the Court to believe that Congress intended the provision to cover it. In the Courts opinion In our view, the provision's listed examples— burglary, arson, extortion, or crimes involving the use of explosives—illustrate the kinds of crimes that fall within the statute's scope. Their presence indicated that the statute covers only similar crimes, rather than every crime that “presents a serious potential risk of physical injury to another.” § 924(e)(2)(B)(ii). If Congress meant the statute to be all encompassing, it is

In order to determine whether Y and Z are subject to the proposed law, the

Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.

MILLERSBURG — After the victim of an a December assault recanted significant details of the event, her boyfriend on Thursday pleaded guilty to reduced and limited charges.

This the first case in United States history to be considered unconstitutional. The significance in this case is that it helped define the original jurisdiction of the

On July 17, 2014, 43 years old black man named Eric Garner was selling loose cigarettes illegally on Staten Island. As the polices approach Erica to make their arrest, he raised both hands in the air and requested for both officers to not touch him. Meanwhile, the second officer came behind Eric and put him in a choke hold in order to restrain the 350 pounds man down to the ground. After he was restrained to the ground both officers roll him over onto his stomach. Within seconds after being roll over to his stomach Erica Garner repeatedly shouted to the police officer, "I can't breathe!", while he was laying on his stomach face down to the sidewalk pavement. Suddenly, the 350-pound black male died of compression of the neck from the officer's

Undoubtedly, this had an impact on the school system. Timelines are strictly tracked to ensure compliance. According to DiNapoli and Bleiwas (2008), there are almost 170 different languages spoken in New York. This can make meeting timelines difficulty since children must be tested in their native language. Although it is imperative that students receive the education that they need it can be very difficult to meet timelines in certain

Ammar). It is clear from the Supreme Court's statements that the Sixth Amendment right to counsel, as enunciated in Massiah v. United States and United States v. Henry, does not extend to the pre-indictment period. The taped conversations at issue in defendant's motions all took place prior to defendant's January 24, 2006 federal indictment while defendant was incarcerated for state parole violations. Even though defendant faced charges in state court, because defendant had yet to be charged in a federal indictment, defendant's right to counsel had not yet attached with respect to the federal charges. The Court denies Henry’s argument for suppression based on the Sixth Amendment right to

Multiple groups of same sex couples sued their state agencies in four different states Ohio, Tennessee, Michigan, and Kentucky to challenge the constitutionality of those four states ‘ban on same sex marriage. The plaintiffs of each case argued that the states’ statues violated the Equal Protection Clause and their Due Process Clause of the Fourteenth Amendment. One plaintiff group also brought up claims under the Civil Rights Act. The Trial court found in favor to all of the plaintiffs cases. The U.S. Court of Appeals reversed and held that the states’ ban on same sex marriage and refusal

5. No. The Supreme Court does not have original jurisdiction to issue writs of mandamus.