Court Of Appeal, Civil Division Essay

Mr. Slim Jim verbally submitted an offer to Mr. Potbelly who proceeded to accept Mr. Slim Jims’ offer unequivocally (pg. 122). The “Basic Requirements of a Contract” (pg. 107) were completed. In this bilateral contract (pg. 107), “Communication of Acceptance” (pg. 123) was evident as Mr. Potbelly responded “Sure I’ll take it” when Mr. Slim Jim submitted an offer for the pottery and enthusiastically replied “I’ll take it!” when Mr. Slim Jim gave him an offer of cash for his home. As a result of this, Mr. Slim Jim is suing for the “right to obtain specific performance” asking that the agreement be upheld. Also, according to “admissions” (one of the “exceptions to the statutes of frauds” (pg. 175) Mr. Potbelly’s agreement should be upheld.

The greatest legal document ever to be written is the United States Constitution. The constitution is ultimately a series of power compromises and is the foundation of common law. Merriam-Webster defines common law as " the area of law that has to do with the subject matter and with the interpretation and construction of constitutions or that deals with the nature and organization of government" (Constitutional Law). Cases involving constitutional law are heard by the United States Supreme Court where judgment is based on the U.S. Constitution. Of the various different articles seated in the constitution, three of them describe a system of checks and balances dividing the national

Dan Locallo is a very contradicting man. When he began his career as a prosecutor he was anything but polite to the defense lawyers. Locallo himself describes himself as “kind of an asshole” towards defense lawyers (Courtroom 302, 59). During his time as a prosecutor, Dan Locallo became intrigued by the opportunity to become a judge. When Steve Bogira asked Locallo why he wanted to become a judge, his reply seemed simple. Locallo claimed that he never wanted to become a judge because of a “power-trip” he does claim that “the power of attraction was a great influence” (Courtroom 302, 59). However, Locallo admits that the real reason why he wanted to become a judge was because he would have the “ability to make decisions, to do

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.

COME NOW, PLAINTIFF, by and through her attorney of record, Corey Lightner, Esq.. of YOUNG’S LAW FIRM, and hereby files their Motion for Summary Judgment. The rule governing this matter is Rule 1.510(c) of

When I had told my friends I couldn’t eat breakfast with them on Monday morning they gave me a puzzled look, as we always eat breakfast everyday together. After some confusion I had to tell them sorry I can’t, I have to go to court. I got even more confusion. They probably thought “Oh no what has she done or what happened?” but truth soon be told that I was going there just to watch some court cases. Upon telling them that it was just for an assignment, they all looked relieved that they hadn’t befriended a convict in their first 2 months of college.

The American court system reinforces positive behavior and was designed to protect and provide justice to the members of society. To fully understand how the criminal court system operates, one must examine the role of courts in today’s criminal justice system. They must also understand the purpose of the court system and examine the role early legal codes, the common law, and precedent played in the development of courts.

Mark J. Mcburney (Respondent) V. Nathaniel L Young, 569 US, 12–17. (2013) Argued February 20, 2013—Decided April 29, 2013 in United States Court of Appeals for the Fourth Circuit

• Improve case management system to identify cases filed under multiple overlapping jurisdictions to avoid conflicting court order, duplicative services, ineffective use of judicial resources, and easy identification of duplicative jurisdictional cases for consolidation.

Facts: The respondent Jeffery Landrigan was convicted of murder, during his incarceration he stabbed and killed an inmate. Three years later, Mr. Landrigan escaped prison and killed Chester Dyer. Mr. Landrigan was found guilty of second degree murder, burglary, and felony murder. During the sentencing phase of the trial, Mr. Landrigan counsel attempted to present mitigating evidence to the judge. The mitigating evidence was Mr. Landrigan ex-wife, and birth mother, whom were not allowed to testify. Mr. Landrigan counsel explained to the judge, that his client did not want any testimony from his family. Mr. Landrigan counsel tried to explain the importance of both witness but Mr. Landrigan did not allow him to speak (counsel). The judge asked Mr. Landrigan if he had anything to add before he sentenced him. The defendant said to give him the death penalty. The trial judge sentenced Landrigan to death. After the trial, Landrigan filed a notion, claiming ineffective assistance of counsel. Mr. Landrigan petitioned for habeas corpus, challenging the state court for not allowing mitigating evidence to be presented under the death penalty act of 1996.

The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not

The courts of the United Kingdom are institutions there are aim justice to all and deliver fair and equal trails. Although ‘fair and equal’ are not always true to some cases along with ‘justice to all’. Never the less either convicting someone for unlawful activity or resolving a civil dispute, the British legal system employs a variety of courts in its application of the law. It much reminds me of my home country the United States the different level of courts I mean. Magistrates courts have the jurisdiction to try minor offences then for more serious offences are referred to the Crown courts. There are also appellate courts, which include the Court of Appeal and the Supreme Court; formally known as the House of Lords. To

“had a due process right to present and have considered by the jury all relevant evidence to rebut

The Supreme Court has had many different places where it was located over the years. There has been a struggle to find a permanent home for the most powerful court of law. At first, the meetings were in the Merchant Exchange Building in New York City. The court then followed the nation's capitol to Philadelphia in 1790. In 1800 the court again relocated to Washington DC. At first they spent their time meeting in various places. The place to find the Supreme Court now is in Washington DC, on First Street located in Northeast.

The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our legal system. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."