1. The Supreme Court Case‚ MATHEWS v. ELDRIDGE‚ dealt with the issue of Eldridge’s disability payment being discontinued after review and findings that he was no longer eligible. The judgement of the Court of Appeals stated that this was a violation of Due process. 2. Does the Due Process Clause of the Fifth Amendment require that prior to the disenrollment of Social Security disability benefit payments that the recipient has an opportunity to have an evidentiary hearing? 3. Eldridge’s case relied
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discovery motion and then dismissed the notice after the government stated that it would not comply with the discovery order. Supreme Court ruled incorrectly in the United States v. Bass: The rulings of the Supreme Court against the case of United States v. Bass were incorrect because of various reasons; the courts in the United States had charged many blacks with offenses which were death-eligible‚ which blacks were twice more than the whites. It is more often engaged in a plea bargains with the whites
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married couples do‚ such as federal tax benefits‚ immigration status‚ and Social Security benefits. The Supreme Court of the United States has before them a great decision to make in the case of United States v. Windsor. This will set precedent in United States federal law that allows states to refuse to recognize same-sex marriages granted under the laws of other states. The court will deliberate on the section of Defense of Marriage Act (DOMA) that defined marriage as a union between a man and a woman
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1. Mapp v. Ohio‚ 170 Ohio St. 427‚ 166 N. E. 2d 387‚ reversed. 2. Dollree Mapp was convicted on one count in the Ohio State Court for the possession of obscene material. The possession of obscene material was illegal in Ohio and the time of the search. There was dispute of whether or not the search was permitted by search warrant. She was eventually found guilty of by the State of Ohio because the state said‚ “even if the search were made without authority‚ otherwise unreasonably‚ it is not prevented
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States’ Rights v. Nationalism The debate over states’ rights versus nationalism relates to the current political actors‚ issues‚ and conflicts; as can be seen through examination of William Jefferson Clinton‚ the issue of federal funding for public schools‚ and the conflict between the states and the Constitution over the "Full faith and credit" clause and whether it pertains to same-sex marriages. William Jefferson Clinton was recently in Norfolk‚ Virginia to promote what he believes will occur
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Baig v Harvie 2016 SLT 67; 2016 SCL 108 On January the 31st 2014 the appellant in this case – Baig‚ accompanied by his brother‚ had confrontation with two parking attendants after they had issued a penalty charge notice on the appellant’s car. This was issued as the car was parked in a restricted parking section and the appropriate parking permit was not displayed. ‘The appellant and his brother returned to confront Mr Brown. The appellant was verbally abusive. He was confrontational. He was aggressive
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Braswell v. United States Introduction The Fifth Amendment of US Constitution provides a significant protection for accused persons. In particular‚ the Fifth Amendment provides guarantees for due process‚ protection against double jeopardy and against the self-incrimination. My paper focuses on the guarantee against the self-incrimination. Thus‚ the Fifth Amendment stipulates that no person “shall be compelled in any criminal case to be a witness against himself”. At the same time‚ it is not specified
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Case Brief By: Ashley Tam R. v. Martineau (1991)‚ 58 C.C.C. (3d) 353 (S.C.C.) Facts: The appellant‚ Martineau‚ was convicted of second-degree murder under s. 213(a) and (d) of the Criminal Code but the decision was overturned by the Alberta Court of Appeal who concluded that s. 213(a) violated ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and could no longer be in effect. The issue was brought before the Supreme Court of Canada whether or not the appeal court was correct in
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In the case Gonzales v. Raich‚ Angel Raich‚ which is from California‚ was charged with home-grown‚ non-commercial use of medical marijuana. Raich has inoperable brain tumor‚ seizures‚ and chronic pain disorders. Raich has been prescribed medical marijuana 5 years before the cases even came up in court. Raich has to depend on 2 caregivers to grow the medical marijuana for her because of her condition. Before Gonzales v. Raich case came up‚ California passed the Compassionate Use Act in 1996. With
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Title: R. v. Hufsky‚ [1988] 1 S.C.R 621 Parties: Werner E. J. Hufsky – Appellant v. Her Majesty The Queen - Respondent Decision: Appeal was dismissed Notions/Concepts: Constitutional Law Criminal Law Equality before the law Charter of Rights and Freedoms Arbitrary detention Unreasonable Search Refusal to provide breath sample Facts: Appellant was stopped at a random spot check by police Nothing unusual about his driving at the time of the spot check Spot check was for the purposes
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