Ch. 16: The Federal Courts In the American judicial system‚ courts apply the law to a conflict between two parties. Federal courts hear cases of federal law and cases involving two parties of different states. This amounts to only about 2 (two) percent of all trials – most cases are heard in state and local courts. Vocabulary Criminal law-the body of law that relates to crime Civil law- the branch of law dealing with disputes between individuals or organizations‚ in which compensation
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Title: Mapp v. Ohio Legal Citation: 367 U.S. 643‚ 81 S.Ct. 1680‚ 6 L.ED.2d. 1081 (1961( Procedural History: Mapp petition for a writ of Certiorari to the Supreme Court for the appreal from the Supreme Court of Ohio. Statement of key Issues: 1) was the search of Mapps home a violation of the fourth amendment? 2) Was the evidence used against Mapps in court illegal? Facts: On May 23‚ 1957‚ three Cleveland police officers arrived at Mapps Home to ask them questions pertaining to someone
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what the law is‚ a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past‚ the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). In practice‚ common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction‚ and even within a given jurisdiction‚ some courts have more
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Sources of Malaysian Law Weeks 3 & 4 • The sources of Malaysian Law mean the legal rules that make the laws in Malaysia‚ which can be classified into written and unwritten law. Written Law • Is the most important source of law‚ includes the following: 1. Federal and State Constitutions. Federal Constitution – Is the supreme law of the land (Article 4 states that any law passed after Merdeka Day which is inconsistent with the constitution shall‚ to the extent of inconsistency‚
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the system of checks and balances. c. Describe the process through which the Court grants a writ of certiorari. d. Explain how each of the following influences decisions made by individual justices when deciding cases heard by the Court. • Stare decisis • Judicial activism 2. Public opinion polls are a way to link the public with elected officials. Members of Congress often use polls to understand the views of their constituents‚ but they must also pay attention to other political considerations
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disagree on the law‚ an idealized common law court looks back to past precedential decisions of relevant courts. If a similar case has been resolved in the past‚ the court is bound to follow the reasoning used in the prior decision. This is known as stare decisis. However if the judge finds that the current case is fundamentally distinct from previous cases‚ judges have the right to make law by creating precedent. Therefore‚ the new decision will be bind for future courts. Countries that are practicing
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Criminal Law is divided into two categories‚ Misdemeanors and Felonies. Criminal law or penal law is the body of law that relates to crime. It contrasts with Civil Law. Civil Law is the system of law concerned with private relations between members of a community rather than criminal‚ military‚ or religious affairs. It regulates social conduct and proscribes whatever is threatening‚ harmful‚ or otherwise endangering to the property‚ health‚ safety‚ and moral welfare of people. It includes the punishment
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necessary to apply legal sanctions because the threat is enough to stop people‚ they do have the ability to apply legal sanctions if it becomes necessary. Law avoids in its description of providing justice. Precedent… Precedent often referred to as stare decisis means let the decision stand.. Multiple sources of law… A constitution is the first document that establishes the underlying principals and general laws as a nation or state. The U.S constitution is the fundamental law of the land. All other
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1. (TCO 1) Which‚ if any‚ of the following taxes is progressive (rather than proportional)? (Points : 2) A city’s excise tax on hotel occupancy Medicare component of FICA and FUTA Federal gas guzzler tax Value added taxes None of the above 2. (TCO 1) Federal excise taxes that are no longer imposed include: (Points : 2) tax on the sale of jewelry and furs. tax on wagering. tax on telephone usage. tax on air travel
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Business Law: An Introduction Learning Outcome 1 1. Identify & describe the source of legislation that are binding in Scots Law and quote at least one example. Legislation comes in 4 main sources in Scotland; UK Parliament‚ Scots Parliament‚ European Union and delegate legislation. UK Parliament Laws that are passed by Parliament come from proposals that are made by the Government. These proposals aim to shape society or address certain problems. Once such proposals have been
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