The Supreme Court is that of a Chief Justice of the United States and a set number of Associate Judges, fixed by congress and appointed by the President. The Supreme Court has specific guidelines on how many cases they are to hear in a set time but, they have discretion on which cases they choose to hear out in court. Many cases they hear deal with questions, or conflicts, with the interpretation of the constitution, such as the cases: Chaplinsky v. New Hampshire, Beauharnais v. Illinois, and…
conducted was reviewed, Terry vs. Ohio case. The court further went into other cases that had resolved issues on the fourth amendment and the Terry search (Minnesota v Dickerson, 1993). Indeed, in Michigan vs. Long, the Court held that in the context of that case, a Terry search allowed the search of the individual and passenger’s compartments of the automobile to ascertain beyond doubt that the defendant was not armed and dangerous. In limited cases, the Court held that when contraband is…
It wasn’t until the first half of the twentieth century but since has been growing less popular in the last few decades. This is due in part because they often are overturned in court if Congress has not given prior delegated authority to the president. Executive orders that are sustained, are those not overturned in courts. Sustained executive orders most often have some prior authority from Congress that legitimizes them. Informal powers are those of persuasion and…
Case: Maryland v. Pringle, 540 U.S. 366 (2003). Court: United State Supreme Court Dates: Argued November 3, 2003—Decided December 15, 2003 Parties: Maryland / Appellants Pringle / Appellee Procedural History: Pringle, along with three other men, were arrested for possession of drugs and large sums of money but Pringle took full guilt. Pringle first filed a motion with the trial court to suppress his confession with claims that his arrest was illegal because the officer did not…
similar. Precedent is a rigid system as a decision by a higher court in an earlier case, must be followed by a lower court in a later, similar case, so there is no scope for judicial creativity. In order for precedent to later, similar case, so there is no scope for judicial creativity. In order for precedent to operate it is necessary for there to be a court hierarchy. The decisions of the higher court bind lower courts and some of the courts are also bound by their own previous…
B. Chef Curry’s Covenant Not to Compete Is Likely Unenforceable Because It Does Not Meet All Four Elements of Enforceability. If chefs are considered professionals, Alabama courts will only enforce a noncompetition agreement when an employer has a protectable interest, the restriction is reasonably related to that interest, the restriction is reasonable in time and place, and the restriction imposes no undue hardship upon the employee. All four of these elements must be found, otherwise the…
years after Superior Court judges agreed with defense arguments that the interrogation and testimony by child witnesses was tainted. Handing a major victory to defense in one of the country's longest-running day-care sexual abuse cases, a massachusetts judge ruled today that the children in the case had been so manipulated in interviews with investigators that their testimony was “forever tainted.” The prosecution will appeal the ruling to the Massachusetts Supreme Judicial Court, Ms. Rooney…
case resulted in the charter being reviewed to see if equality rights had been infringed. The case caused the Court to revisit Canada’s Old Age Security Act based off of claims stating it was outdated. Lastly, the case fought for the equality of homosexual couples rights which would decide the future of spousal benefits. The Egan v Canada case impacted Canadian law by forcing the Court to decide whether the definition of common law spouse discriminated against same sex couples. Egan and Nesbit…
Richard John 'Jack ' Baker and James Michael McConnell applied to Hennepin County District Court clerk Gerald Nelson for a marriage license. He denied the application, because the applicants both were men.” In the same case the court ruled based on its own opinion instead of written law, “The trial court was not impressed with the argument, agreeing with Nelson. The state Supreme Court agreed with the lower court.” Baker v. Nelson was the precedent to rule off future cases of gay marriage. The…
especially pronounced during the activist Warren Court of the 1960s (Friedman, 2002, 202). The counter-majoritarian difficulty…