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Judges of the State Supreme Court and Court of Appeals serve a six year term while judges of the Superior Court, Probate Court, and State Court serve four year terms

1. The two major ways that judges are selected are popular elections and appointment. The electorate chooses the judge in a popular election while the executive or legislative branch decides the matter in appointment. Popular elections allow for accountability to the people but also require the judge to be a political candidate which can erode trust in the judiciary due to campaign financing. Appointment can produce distrust in the judicial system due to the potential for loyalty to a particular party or person who is instrumental in the appointment.

The state of Georgia elects judges based on a nonpartisan election and does not utilize retention elections. Judges of the State Supreme Court and Court of Appeals serve a six year term while judges of the Superior Court, Probate Court, and State Court serve four year terms. It has been my experience that the local judiciary elections are most contentious and partisan with large fundraising efforts that easily show the electorate the party the candidate is affiliated with. I am ashamed to admit that I couldn’t name a single member of the Supreme Court or Court of Appeals for the state of Georgia and I have lived here my entire life. I do believe this system works with the opportunity to elect judges and hold them accountable to the job.  

(Please respond with 200 words or more)

2. Having lived in the south for most of my life, but having worked for an electric company based out of New England for the past three years, and having in Iowa for two years a decade ago, I feel that I have gathered a feel for the catch 22 in the major variables in local government structures.In South Carolina, there are many large areas with no city or township incorporation, thus, even in high population density areas, much of South Carolina leans on the County governments as the primary local government agency. While the cities have a fair amount of automy, they often border on redundancy. For instance, in Aiken County, where I live, there are ten municipal governments within it. However, only North Augusta’s Public Saftey takes responsibility for police patrol. All other city police departments only suppliment the Aiken County Sheriff’s Department’s patrol division.My biggest grievance with this structure is that the uniformity often comes at the price of property taxes that do not render their worth to the tax payer.In New England, the exact opposite happens. Their elimination or minimization of county goverments is modeled after the townships in the United Kingdom. In both cases, the benefit of minimizing the local tax burden subsequently adds the burden to the state. This is not entirely negative; every one of these states have a more developed state police force, as well as other state level services that many southern states are prone to delegating to the counties. Midwestern state seem to strike a balance with these two polar opposites. The municipal goverments are developed comprehensively to meet the needs of the community, while county governments never fully abandon the responsibilities of supporting the larger geographic area. The further west you move, the more intensive both get, and once you get to the west coast, you have the outlandishly high cost of living because of egregiously redundant government facilities on the state, county, and city levels.  (Please respond with 200 words or more)

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Supreme Court decisions: Pick a landmark case and explain the outcome

Essay: Supreme Court decisions

Instructions

 Pick a landmark case and explain the outcome

 Summarize your answer in a 350-word essay that responds to these questions:

· Why did you pick this case?

· What were the facts – parties and issues?  Be specific about who sued who and for what reason.

· What was the legal ruling in the case?

· Was the decision unanimous or split?  Appointees by which president had the most influence (in other words, identify who was in the majority and which president appointed those justices.

· In your view, is this an example of the Court following public opinion or would this case better be described as the Court trying to shape or lead public opinion?  You can use this section to comment more broadly on the impacts of or public reaction to the case if you have that information.

If you know the name of the case (e,g. “Brown v. Board of Education”), a useful resource to understand the decision is oyez.org.  Enter the case name in the search tool on the homepage.

Need help picking case? These are just some ideas in many categories – you can choose any case you like.  There are other cases described in chapters on civil rights and civil liberties, but these are some of the big ones…

 Civil rights – USE THIS ONE BELOW

Loving v. Virginia (interracial marriage)

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Canadian Court system

TV/ONLINE COURT ASSIGNMENT

You have three options on the type of information you need to review in respect of legal court issues.  Please pick one of the following: 1. watch some television or online court related shows, such as Judge Judy, or other similar shows, 2. read articles about the Canadian Court system, or  3. Review news or articles about Canadian Court cases. 

On your document set out your observations and write about the following: Are the court decisions and processes as you expected?  Did justice appear to be carried out?   Did anything surprise you?  

Assignments must be 3 pages long, (no longer than 4 pages) double spaced and in paragraph form.

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Austin, S. (2011). Stay out of court with proper documentation.

 You are responsible for minimally at least 3 posts for each question in your discussion boards; your initial post and reply to two of your classmates. Your initial post(s) should be your response to the questions posed in the discussion question. You should research your answer and cite at least one scholarly source when appropriate, and always use quality writing. The discussion board is never a place to use text language or emoticons. You will also be asked to respond to your classmates. This is designed to enhance the academic discussion around the topic. It is all right to disagree with something posted by another, however your responses should always be thoughtful and respectful and reflect your opinions professionally.

Discussion Question:

Read the article: Austin, S. (2011). Stay out of court with proper documentation. Nursing, 41(4), 24-30. – found in the Learning Materials/Readings • Of the four elements that must be proven to determine negligence, do you think that any of them is harder to prove than others? (be sure to explain your reasoning in detail) • Choose scenario 1, 2, or 3 in the article. Summarize the lesson to be learned, and what you would have done to avoid the error

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United States Supreme Court held that detectives interrogating Thompkins did not violate Thompkins’ Miranda rights in obtaining his confession.

Business Law 1

Unit 3 DB: Berghuis v. Thompkins

In this case, after agreeing to hear the case (known as granting certiorari) the United States Supreme Court held that detectives interrogating Thompkins did not violate Thompkins’ Miranda rights in obtaining his confession.

  • Read the case of Berghuis v. Thompkins. You may also find it helpful to listen to the oral arguments the lawyers made before the United States Supreme Court.

Prepare an argument for:

  • If your last name begins with A through M you must argue in favor of the majority’s decision in the case. (Finding that the detectives did not violate Thompkins’ Miranda rights).
  • If your last name begins with N through Z you must argue against the majority’s decision and in favor of the dissent. The dissent argued that Thompkins’ confession was illegally obtained in violation of his Miranda rights.

Remember to support your required position with what you have learned from this week’s assigned reading about constitutional safeguards.

If your opinion varies from the position you are being required to take, you may include such a statement in your discussion post.

Regardless of whether you are an attorney arguing in court or a business stakeholder pitching to shareholders or a potential client, adding support for your argument from appropriate resources strengthens your content. For this discussion board, be sure to include a citation to an appropriate source that supports the point you are making. (HINT: Your textbook is a great source!)

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Analyze a landmark court rulings explain how this case changed police practices to stay compliant with the law

There is no specific length to the answers; however, at least one reference formatted in APA Style 7th edition must support each answer. This includes using in-text citations in the body of your answer. Quotes are not permitted as part of your essay answers. Learners must use their own original words and paraphrase the scholarly literature giving credit to the source/s that inspired your thoughts. There are four questions.

Q1: Analyze a landmark court rulings explain how this case changed police practices to stay compliant with the law. 

Q2: Explain one police patrol strategy and compare its strengths and weakness. 

Q3: Analyze one era in American corrections and explain the weaknesses and strengths associated with this method.

Q4: Analyze the dual court system in the United States and explain the advantages and disadvantages of a duel system?

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Analyze a landmark court rulings explain how this case changed police practices to stay compliant with the law

There is no specific length to the answers; however, at least one reference formatted in APA Style 7th edition must support each answer. This includes using in-text citations in the body of your answer. Quotes are not permitted as part of your essay answers. Learners must use their own original words and paraphrase the scholarly literature giving credit to the source/s that inspired your thoughts. There are four questions.

Q1: Analyze a landmark court rulings explain how this case changed police practices to stay compliant with the law. 

Q2: Explain one police patrol strategy and compare its strengths and weakness. 

Q3: Analyze one era in American corrections and explain the weaknesses and strengths associated with this method.

Q4: Analyze the dual court system in the United States and explain the advantages and disadvantages of a duel system?

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The United States Supreme Court denied a petition for certiorari

On April 18, 2016, The United States Supreme Court denied a petition for certiorari (refused to review the lower court’s ruling) in the case of Authors Guild v. Google, Inc., 804 F. 3d 202 – Court of Appeals, 2nd Circuit 2015.

Tell me what you would do if you were the Supreme Court.

That case let stand the ruling of the Court of Appeals which can be found at the following website:

https://scholar.google.com/scholar_case?case=2220742578695593916&q=Authors+Guild+v.+Google+Inc&hl=en&as_sdt=4000006  last accessed February 9, 2019.

Please write a 500-word summary of fair use as this court decision says it.

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Whether or not they have standing to appear in criminal court?

Write an essay of 1,250-1,500 words in which you describe the procedural steps in a criminal trial. Address the following:

How does one determine whether or not they have standing to appear in criminal court? Once standing is confirmed, how does the court administer pre-trial management procedures such as notice, right to counsel, and whether to terminate the proceedings? Why are these procedures required for the administration of Justice? (comp. 4.1)
Explain what happens during each step of a trial, including the purpose each step serves. These steps should include, at a minimum, the following: opening statements, direct examination, cross-examination, jury instructions, jury deliberations, rendering a verdict, and sentencing.
Analyze and discuss what possible appellate procedures are in place for a criminal defendant. Explain when an appeal may be a viable option, and when it may not.
Use the GCU Library to locate four to six relevant, scholarly sources in support of your content.

Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.


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The Procedural Steps in a Criminal Trial

Name of Student

University Affiliation

The Procedural Steps in a Criminal Trial

            The criminal trial process often follows certain basic procedural steps though this may vary from one jurisdiction to the other. However, Scheb and Scheb (2012) points out that in all the jurisdictions, the law enforcement agencies make the arrests and interrogate the suspects in custody, make searches and seizures. The authors point out that all the actions of law enforcement are governed by the procedural law. In all the jurisdictions, the criminal suspects undergo certain procedures to be notified about the charges they are facing and be accorded a chance to answer to them in a court of law.

Standing to Appear in Criminal Court

            The first stage in a criminal procedure is the pre-trial complaint investigation. According to Mayen (2014) the during the pre-trial complaint investigation, the civil plaintiff or a prosecutor investigates before filing a complaint. Once the investigation has established all the facts regarding the complaint, a formal complaint is made against the offender. Once the complaint is filed, the offender may institute a motion to dismiss the complaint. The criminal defender faces detention once the complaint has been made. However, the defendant must not be held for more than 48 hours and should be arraigned before the magistrate (Carp et al., 2014). It is during the arraignment that the defendant gets to know whether they have standing before the trial court.

            The arraignment of a defendant before a magistrate is the preliminary hearing process. According to Del Carmen (2007), the preliminary trial process has great resemblance with the trial process. However, the sitting magistrate may not be the judge during the trial process. The main purpose of the preliminary trial process is to inform the defendant regarding the crimes and on finding the probable cause can set the case to full trial. The defence gets to know the kind of evidence the prosecution has and the strength of the case in which the defendant faces. The defence may choose to present the evidence or decide not to present it at all.

Pre-Trial Management Procedures

            The conformation of standing to appear in a criminal court paves way for the administration of the pre-trial management procedures. The indictment is followed by the pre-trial conference, which can be one or more depending on the court’s motion or that of a party (Saltzburg & Schlueter, 2015). During the pre-trial conference, several procedures such as notices, right to the counsel, and decisions on whether to terminate proceedings are discussed. Although the defendant is not required to be present during the pre-trial conference, they can be represented by the defence. The pre-trial conferences set the schedule and motion deadlines, the pre-trial hearings and the trial. It is during this trial process that an estimate of the trial duration is determined and the likelihood of resolution without trial by a plea of guilty is determined.

            The pre-trial conference procedures are critical in the administration of justice. According to Saltzburg and Schlueter (2015), pre-trial conferences can serve many roles that are critical in the trial process. The pre-trial conference can expedite the disposition of the case ensuring justice is delivered promptly to the complainant and the accused. It also allows the court to create and establish managerial control over the case. It improves the quality of hearing, discourages wasteful activities, and facilitates speedy settlement of a case.

The Criminal Trial Steps            In a criminal trial, the jury determines beyond a reasonable doubt using th………………………………………………………………………………………………

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Different court jurisdictions for criminal offenses.

Write an essay of 750-1,000 words in which you:

Address federal and state jurisdiction in criminal cases.
Explain why we have so many different court jurisdictions for criminal offenses.
Explain whether the plethora of jurisdictions enhance or detract from the imposition of justice throughout the country. Provide your reasoning.
Use the GCU Library to locate three to five relevant, scholarly sources in support of your content.

Prepare this assignment according to the APA guidelines found in the APA Style Guide. This guide is located in the Student Success Center. An abstract is not required. Use court jurisdictions for criminal offenses


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State and Federal Jurisdictions in Criminal Cases

Name of Student

University Affiliation

State and Federal Jurisdictions in Criminal Cases

            The United States of America as the name suggests embodies a dual form of governments consisting of the federal and sovereign state governments operating as part of a unified federation. The state governments have jurisdictions over the functions within individual states as guaranteed by the American constitution. The federal government has jurisdictions over functions of America and some within the states as provided for in the US constitution. The same dual functionality extends to the criminal justice system in the state and federal levels. According to Jenkins (2011), the American criminal justice system consists of state and federal courts each with different jurisdictions over criminal cases. The duality in the criminal justice system has been blamed sometimes for creating complexity in deciding the laws necessary laws for the delivery of decisions.

            The different jurisdictions in the US criminal justice owe a lot to the sovereignty of the states form the federal government. The functions and structure of the federal courts are mainly determined by the American constitution.  The mandate of such courts is to address the matters of federal concern. Although federal law is supreme, the states have been mandated and as a result, established criminal laws, procedures, and rules for the prosecution of criminal offences. This has created two forms of jurisdictions over criminal offences between the state and federal governments. Currently, the state criminal codes handle a majority of the crimes committed in the United States. Gardner and Anderson (2015) assert that it is only a small percentage of the offences that can be categorized under the federal and state jurisdictions. The two levels of governments are sovereign and can enforce laws under their jurisdictions.

            The other reason why there are different court jurisdictions for criminal offences is due to the general police power granted by the constitution to the state governments. According to Gardner & Anderson (2015), there has never been a federal common law and all federal criminal crimes must be statutory and enacted by Congress. The general police power remains with the states who are tasked with maintenance of tranquillity. The federal criminal laws that may be enacted can only govern protection of the federal government, its employees, officials, and property, regulation of foreign and interstate trade, and protection of civil rights.             Since a majority of the violations are under the jurisdiction of state governments, different state jurisdictions for criminal cases have been developed. State court handles the largest number of criminal cases unless a case touches………………………………………………………………………………………………

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