Eric Gao Mrs. Mitchell AP Gov, Period 3 17 May 2018 Chapter 15 Study Questions: The Federal Courts 1. The Judiciary act of 1859 established: A) judgeships for circuit courts, B) pensions for judges And C) the Supreme Court’s size of 9 justices 2. Compare/Contrast criminal cases and civil cases. A: In a criminal case, an individual is charged with breaking a particular law, such as robbery, and he/she usually serves prison time as a punishment. Sometimes, criminal cases elicit fines. In a civil case, it is often about a dispute between two parties over claims, contracts, or licenses and it usually leads to monetary awards for one side. 3. What is standing to sue? A: Standing to sue is the requirement that plaintiffs who sue must have a serious and vetted interest in a case, meaning the plaintiff has sustained or is in danger of sustaining a direct and substantial injury from the actions of the other(which can be the government) 4. What are litigants? A: Litigants are those involved in a case, typically the plaintiff and defendant. 5. Compare/contrast: courts with “original” jurisdiction and courts with “appellate” jurisdiction. A: Courts with “original jurisdiction” …show more content…
In landmark cases, an opinion can set precedence for future cases, due to its broadness and boldness. A narrowly-tailored opinion has no impact in setting precedence and would only be used for the case at hand. A majority opinion is an opinion that is supported by the majority of the justices and it is typically written by the chief justice if he/she is in the majority. If not, the senior associate justice in the majority writes it. A concurring opinion is an opinion that supports the majority decision but it also stresses a different viewpoint for the majority decision. Finally, a dissenting opinion is one that is either completely or partially opposed to the majority
Criminal Law is largely statutory, and it covers certain kinds of crimes, such as murder, robbery, rape, fraud and extortion. In criminal cases, the state prosecutes the offender not the victim. There is three kinds of offenses and they are petty offenses, such as traffic violations, and they are usually punishable by a fine. Misdemeanors where you are charged a larger fine, and then you have the major offenses. They are felonies, which were mentioned earlier, those cases can be heard and prosecuted by the state or the Federal government, and they are usually punished by imprisonment. One example is the case of the OJ Simpson case, he was tried in Criminal court but he was found not guilty of Murder.
For example an individual is involved in a dispute with another individual and as the first individual beings to walk away and the second individual pulls out a knife and some how or another the first individual stabs the second individual the first individual could use the necessity defense.
Per the order received, the court suspended this case effective 1/11/17, with the NCP order to pay $350.00 per month on arrearage owed as of the suspension date.Fiscal reviewed case accounts; case overcharged by six months at the rate of $449.00 per month. . Therefore, the WC account balance was adjusted to $0.00 and the WA account balance was adjusted to $17,215.13. Caseworker A. Brant submitted the fiscal request.
I think that the trial went good,i think that the defensive side had the most credible evidence.The defensive side won the case,i also think that the defensive side used or presented more evidence because they had more things to use against bill and sam and bill,sam,or the prosecutors didn't have enough evidence to prove that red chief was really the one who was doing the kidnapping.i think the verdict was fair because i think that the jury voted fairly,and based their votes or opinion on how they really felt or how they looked at the situation.
I am interested in the Criminal Defense Investigator’s position that was presented on the U.S. Courts website. Enclosed you will observe a copy of my resume. I have been employed by the State of Maryland for 13 years in which 7 years I’ve worked with The Department of Public Safety and Correctional Services, Parole and Probation’s Drinking Driver Monitor Program as a Monitor II. I am a highly motivated and skilled probation officer who graciously handles and resolves challenging probationer’s issues. I am driven to consistently provide exceptional support to the individuals that are under my supervision.
Further, an analysis of these requirements depends upon whether a plaintiff seeks to establish general or
Criminal law is better known about in the U.S. than Civil Law because criminal activity is usually publicized at a result of it being news and a civil cases are of private matter.
Civil cases are when citizens are suspected of committing a crime, while criminal cases are when people with a criminal background are suspected of committing a crime. In a criminal case prosecutors look for undeniable proof in order to easily jail criminals. In civil courts, the goal of a lawyer is to find as much evidence as possible in favor of their position. People in civil courts are not necessarily criminals. They just want to win some money from the court case. There are no prosecutors or government lawyers in a civil court because people are just suing each other. There is a jury in criminal courts to decide whether or not the suspect is guilty or innocent.
I would hire Jody because she is a “certified physician coder through AAPC” that is required by state and federal law. When an agency or organization performs a review and grants recognition to an institution that meets specific standards; which are required, it is accredited. This accreditation process is done so that facilities can pinpoint when organizations do “not” meet these standards and to endorse those that “do” meet these standards by state and federal laws.
Any person who’s been arrested or charged with a crime needs the services of a criminal defense lawyer. A criminal defense lawyer will explain your rights and increase your chances of a reduce plea bargain and a dismissal.
What does it mean for a plaintiff to have “standing” to sue? A “standing to sue” is where the plaintiff must construct that they as the plaintiff are entitled for the courts to decide the dispute at hand (Pagnattaro, Cahoy, Magid, Reed, & Shedd, 2016). There are two things that the plaintiff must have alleged, which is first that the litigation entail a case or controversy. Then second a personal stake in the decision. Also the plaintiff should give their legal position and not of a third party (Pagnattaro et al., 2016).
3. How could a section 1983 action be brought where an officer in the locker room preparing for off duty accidentally discharged his revolver, striking a custodian? What would be the justification for a lawsuit in this case? The officer was wrong in this accidental discharge. Police are responsible for the fire arm and even if the officer didn’t shoot someone you are supposed to be able to control the fire arm. This was an accident not meant to hurt someone but if you can’t control a gun you shouldn’t be able to carry one. Negligence like this could kill someone on accident. Officers should treat every gun as they are dangerous because like shown in this case they can hurt someone. He could say it was an accident but if I was the custodian
While strategically it would appear wise to argue exclusively Brian's July 3, 2013, action was absolutely a “zoning decision” restricting Plaintiffs’ standing to the I.C. § 36-7-4-1600 series, and it might even be wise, in light of the Court’s August 25, 2015, Order, to argue this exclusively, Defendant resists that
Defendants AG Mobile Restaurant Concepts, LLC and Alex Gould hereby move this court for an order excluding any opinion evidence by attorney Richard Mallory. This motion is made on the grounds that an expert may not give opinion testimony on a question of law, the proffered testimony would violate the parole evidence rule, and evidence on this issue would also cause undue prejudice and is therefore excludable under Evidence Code section 352.
When it comes to going to court you will have two different systems in which your case will be heard, Civil case or a Criminal case. A civil case will be brought by individuals or busisnesses who are seeking a monetary payment or a certain amount of money. A criminal case will be brought by the government and the outcome will be probation, fine, or jail time.