Mccoourt V California Sports Case Summary

Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.

The case McCulloch v. Maryland was one that began in the state of Maryland, and eventually was decided upon at the national level, via the Supreme Court, in 1819. It would assert national supremacy over that of state action in areas where the constitution granted forms of authority.

Taylor v Baseball Club of Seattle actually set the precedent of future cases called the "Baseball Rule." This states that outside of behind home plate, which has nets, fans assume the risk of injuries. In Taylor v. Baseball Club of Seattle, it was stated that Taylor was familiar with the dangers of being a fan at a baseball game. Taylor must have witnessed many foul balls go into the stands at her son's games, which put her in a position to understand the possibility of an injury. Knowing this, in her appeal she argued whether the Mariner's, or any other baseball team's, method of warming up was

Although the arbitrator’s final awards are legally binding, an unhappy party of arbitration may still go to court under certain circumstances.  As mentioned by Fallon & McConnell, “unless one party protests that there was a gross injustice, collusion, or fraud, arbitration that is specified by a contract can be converted into a legal judgment.  This requires a petition to the appropriate court” (n.d., p. 388).  As expected, this can become costly for the person who is seeking to appeal.

This topic represents a time in which athletes, in this case baseball players, did not have a free choice when it came to having the liberty of deciding where they would like to play. The main concepts that will be described within this paper will include the reserve clause, Flood v. Kuhn case, MLBPA, lockouts, or strikes, and free agency. The reserve clause sought to restrict a player’s freedom to move into a contract with another team. Flood v. Kuhn was the huge case where Flood went against the power of baseball’s commissioner and took the case up to the Supreme Court. The MLBPA is important because it is the players union for when they need to come together as one to respond to a case such as Flood v. Kuhn. A

Constitutional Question: Does the Constitution protect thSe right of marital privacy against state restrictions on a couple's ability to be counseled in the use of contraceptives? This questions Due Process of Law.

McCulloch v. Maryland case goes back to the 1800s when the State of Maryland, being unhappy with the rising power of the Bank of the United States, enacted a statute imposing a tax on all banks operating in Maryland not chartered by the state. The State of Maryland sued James McCulloch, the cashier of the bank of the Baltimore branch, for issuing bank notes without obeying to the state’s law and for failing to pay the taxes to the state. The main issues that were raised during the case were: whether or not the Congress had the power to create a bank under the Constitution and whether or not the State of Maryland had the power to impose taxes on a federal bank which was created with authorized powers under the Constitution. The case was

McCulloch vs. Maryland (1819), the constitutional questions asked were: Did congress have the right to establish a bank? Did the Maryland law unconstitutionally with the congressional powers? In 1816, congress chartered The Second National Bank of the United States. In 1818, Maryland passed legislation to tax the bank and cashier of the Baltimore branch bank James MucCulloch refused to pay the tax. This court case took place in the Marshall court, under federalist, Chief Justice John Marshall who ruled this case in favor of MucCulloch. The court’s decision was unanimous in favor of MucCulloch and, the courts held that Congress had the power to establish a bank but Maryland could not tax the bank and that the power to tax is the power to destroy.

I disagree, each state has the power to create it’s own bank and in McCulloch v. Maryland the rights of the bank were ignored.

As an important landmark case in Congress and the Supreme Court History, McCulloch V. Maryland. Which set the guidelines for how much power congress really had as well as how much power the constitution had over state laws. It put attention the issue of a state taxing a federal bank in 1816. Maryland imposed a law that called for the taxation of banks in the state that was not chartered by state legislature during the depression of 1818. The second bank of the United States had refused to pay the tax claiming that it was unconstitutional. Leading the case to be taken to state court then the Supreme Court.

(1) Constitutional Question: Does Article 1, Section 8, The Coefficient Clause, give congress the ability to establish a national bank and does the Maryland law implementing a tax on the Baltimore Branch violate these privileges?

Directions: write a 3-5 sentence summary for each court case. The court cases are Marbury vs Madison, Mcculloch vs Maryland, and the court case is Gibbons vs Ogden. This is due on Monday, January 09, 2017

The first Uniform Arbitration Act was adopted in 1925, which provided only for the irrevocability of agreements to arbitrate existing disputes. The Federal Arbitration Act was enacted by Congress in 1925 changing the common law. The Act stated that written agreements to arbitrate existing or future disputes were valid, irrevocable, and enforceable. As arbitration became more widely accepted, statutes and acts were continuously passed enforcing agreements to arbitrate. In 1955, the second Uniform Arbitration Act was passed. In addition to enforcing existing agreements to arbitrate, this Act made agreements to arbitrate future disputes irrevocable.

An arbitration clause is a section in a contract that requires the parties to decide their differences over an arbitration process. Though such a clause may or might not agree that arbitration happen inside a specific authority, it always binds the parties to a type of resolution outside of the courts, and is therefore considered a kind of forum selection clause.

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.