On November 8, 2011, there was an oral argument in the Supreme Court for the case of United States vs. Jones. Antoine Jones was arrested on October 24, 2005, for drug possession. Prior to detainment, police had attached a tracker to the undercarriage of his wife’s jeep without any formal judicial approval. The law enforcement then used this to follow the movements of the car for about a month. The question that arouses during this case was if the warrantless use of the tracker on Jones vehicle violated
Pg. 466-479 Politics In Action: Appealing to the Supreme Court • Picture the following scenario: o An issues arises regarding “affirmative action” in a well-known college campus o After this is discussed and decided over within a federal district court, the judge goes against the accusations. Yet, the party is stubborn and refuses to accept this verdict, taking action to write an appeal and take this to the U.S. Supreme Court. It is important to keep in mind that annually, there is an uncountable
In the United States the court-system operates as a dual-court system. The responsibilities of the State and Federal Courts share the responsibility of determining law based on specific jurisdictions. The principle of federalism was born out of the necessity to balance the powers of the states by creating a federal government whose authority constituted the supreme law of the land. Proponents of court reform have been looking for court unification to streamline the judiciary system to combine overlapping
The decisions made by Supreme Court chief justice John Marshall have had a major influence on today’s Judiciary System. One of his major decisions was in the case Marbury v. Madison, in which he set the precedent of judicial review. Another major decision is in the case McCulloch v. Maryland, in this case Marshall ruled that Congress possesses certain implied powers. Other major decisions made by Marshall were in the cases Dartmouth College v. Woodward, Gibbons v. Ogden, in which Marshall defined
In the courts of the United States there are three different models of judicial decision making that the Supreme Court uses. Included are the legal model, in which the decisions are based solely on the provided facts on the case. (Mitchel) It can also choose to let previous case hearings and decisions influence the decision for the case at hand. An example would be Reno v. ACLU where the court ruled that the anti-obscenity law was to broadly written that it violated the first amendment right. (Mitchel)
3.4 The Ruling, Rationale & Remedies In the year 1999, the Supreme Court of Canada re-reviewed various case related to the law of tendering so as to come to definite conclusion. For instance in the case of MJB Enterprises Ltd. v. Defence Construction (1951) Ltd. The problem was the case of a 'privilege clause' used in many tender documents according to which the lowest tender or any tender may not be inevitably approved. The Court established that Contract A may not be active automatically after
BOMMAI CASE:- The Supreme Court has now rendered a landmark decision on Art.356(1) in S.R. Bommai v. India. The case arose in the context of the following facts. In 1989, the Janata Dal Ministry headed by Shri S.R. Bommai was in office in Karnataka. A number of members defected from the party and there arose a question mark on the majority support in the House for the Bommai’s Ministry. The Chief Minister proposed to the Governor that the Assembly session be called to test the strength of the Ministry
Annotated Bibliography Champion, D.J. (2009). Leading U.S. supreme court cases in criminal justice: Briefs and key terms. Upper Saddle river, NJ: Prentice Hall. Leading U.S. supreme court cases in criminal justice: Briefs and key terms is a source reference with respect to criminal law, constitutional law, and criminal procedure. The major focus of this book includes explained mandates of over 1000 U.S. Supreme Court cases and this book details key terms and definitions. Grant, H.B. and Terry,
Rehnquist’s quote on the ever expanding authority of the Supreme Court of the United States is an accurate depiction of the social adoption of a third legislative branch. Through the power of judicial review, the Court has been granted legistoral authority that was not constitutionally delegated to the Court, and with this new authority the institutional practices of obtaining a seat will be examined. This questioning stems from the fact that a court of nine unelected citizens have similar legislative
In the Supreme Court Case Bethel School District #43 vs. Fraser, the main constitutional issue under scrutiny was the first amendment rights and what they specifically cover. The parties involved in the case was the Bethel School District itself, and the high school senior from that school named Matthew Fraser. The court hearing itself happened in 1986 but the incident causing the court case happened in 1983. The incident occurred at Bethel High School in Bethel Washington, and was an ongoing controversy