Abstract
This essay is an appellate brief for a case in which a citizen of the Dominican Republic who is a permanent resident of the United States should be deported for an aggravated felony. This brief addresses the following issues: 1) Whether an individual suffering from a mental illness should be required to exhaust administrative remedies when bringing his claim to the Department of Homeland Security for a deportation hearing, 2) If the individual suffers from a mental illness, whether the DHS is required to provide additional accommodations during the hearings when the person is deemed competent to stand trial. This brief provides a summary of the argument, and finds that the judgment of the Thirteenth Circuit Court of Appeals should be reversed, and this case should be dismissed.

From the Paper
"A. Figueroa Is a Citizen of the Dominican Republic and a Permanent Resident of the United States.
Jose Francisco-Figueroa was born in the Dominican Republic on March 2, 1961 and immigrated to the United States on March 3, 1970. Certified Administrative Record (CAR) 13. All of his immediate family including his siblings and parents reside in the United States and are United States Citizens. CAR 14. Figueroa had a history of mental illness but was still able attend high school until the 11th grade and complete a "college medical assistant" program. CAR 5, 16. Moreover, in the early 1980s, Figueroa obtained work experience as a landscaper, salesman, forklift operator, and a butcher. Id."

Tags:appellate advocacy, exhaustion of administrative remedies, immigration, deportation

Abstract
This paper explores the evolution, history, and modern structure of the U.S. Criminal Court System. The paper looks at the appellate review process, federal rules of criminal procedure, and the appellate jurisdiction of the U.S. Supreme Court.

Outline
Evolution and History of the Criminal Justice System
Modern Structure of the Criminal Justice System
The Appellate Review Process
The Federal Rules of Criminal Procedure
The United States Supreme Court

From the Paper
"When the British first colonized the Americas, they adopted their centuries' old "Royal Privy Council" as a judicial system, as a separate branch of government. Prior to the American Revolution, the individual American colonies all developed and maintained their own criminal (and civil) justice systems with absolutely no uniformity among them, either procedurally or statutorily. More importantly, there was no official method for mediating disputes between citizens of different colonies."

Tags:disallowance, adjucate, lawmaking, justices, constitution, checks, balances, judicial

Abstract
This paper explains that the national court system is built on the Mosaic model. The local courts judge local matters, which give rise to an appeal process that leads to the district court and appellate courts,and eventually the Supreme Court if the matter needs to be addressed on a national level. The author believes that had Moses been a leader like liberal President Clinton he would have quickly failed and created a nation of self-serving rather than God-serving people. The paper argues that the activist court is creating a self-seeking populace and political elite class that considers itself above the law and seeks to govern the masses for its own benefit, rather than for the well-being of the country.

From the Paper
"Moses had stood before Pharaoh and, with God's help, delivered millions of people from slavery into freedom. Now, as they left Sinai with a list of commandments, as well as traditions and customs, handed down to them from God himself, the children of Israel faced a long transformation. They had to build a new collective identity. The Israelites needed to become a people with a sense of self-governance, after spending 400 years in Egypt as slaves during which their every move was dictated for them."

Tags:model, delegation, self-serving, self-governance, activist

Abstract
This paper examines the issue of habeas corpus appeals for death row inmates, arguing that they are unnecessary. It further examines the issues of a fair trial, possible wrongful conviction and the drain on resources that these appeals entail.

From the Paper
"The issue of the appellate courts' role in capital punishment cases is a matter of controversy. Some people feel that the federal courts should be allowed to review cases of state prisoners on the basis of habeas corpus to ensure that they have received a fair trial. Justice John Paul Stevens has noted that federal habeas proceedings reveal deficiencies in ... percent to ... percent of the capital cases, a finding that suggests that failing to allow federal review of such cases submits..."

Tags:appellate, death row, capital punishment, trial, litigation, judicial, execution, habeas corpus

Abstract
In this article, the writer outlines the steps of filing a discrimination complaint with the E.E.O.C. and corresponding federal lawsuit. The writer discusses the Federal law requirements. The information required for complaints is also discussed in this paper.

From the Paper
"In the case where John wants to file a discrimination complaint against his employer, federal law requires that he must file the complaint with the E.E.O.C., the Equal Employment Opportunity Commission. To file a complaint at the E.E.O.C. John must write a letter to include the following information: His name address and telephone number, the name address and telephone number of the employer or employment ... "

Tags:discrimination, employment, Equal Pay Act, federal court, US District Court, appellate court, US Court of Appeals, US Supreme Court, civil litigation process, mediation process, dispute resolution, EEOC

Abstract
This paper discusses several issues related to the case, "In the Matter of the Welfare of: N.T.K., Appellant. 619 N.W.2d 209; 2000 Minn. App. LEXIS 1188." Specifically, the paper discusses the jurisdiction, threshold and choice of venue and then examines the issues and evidence of the case. The paper also analyzes the interpretation of the law and discusses the implications for school-based mental health services.

Table of Contents:
Jurisdiction, Threshold, and Venue
Issues and Evidence
Precedent Cases
Resolution of Issues
Interpretation of Law
Effect on School-based Mental Health Services

From the Paper
"In the field of school-based mental health services, it is crucial from a legal standpoint to pay great attention to detail when dealing with high school students. If a student is ordered to perform a specific task or conform with the opinion of the mental health agency in some other way, it is assumed by the student and his or her parents that the order has been decided upon with due consideration to the individual circumstances. In order to validate this assumption and maintain an appropriate relationship with the parties involved, the mental health agency has a responsibility to provide, in writing, clear reasons and records of all of its actions. Additionally, the decision under appeal in the instant case was one in which a juvenile was hastily assigned to a facility to which he had already spent a good deal of time. All of this affects the school-based mental health field in that it forces practitioners to be alert in all of their dealings, lest legal or administrative issues ensue."

Tags:mental health, jurisdiction precedent court

Abstract
The paper argues that federal courthouse doors must remain open to state prisoners to safeguard their individual liberties and to provide an independent review forum for injustices. The paper discusses how federal courts can redress the wrongs that state appellate courts have ignored such as incompetent defense attorneys, prosecutorial misconduct, or jury rigging.

From the Paper
"Federal courthouse doors must remain open to state prisoners, especially those sentenced to death. Attempts to limit judicial review of state convictions follow public sentiment. In 1996 amid the public's horror over the bombing of the Oklahoma federal building, law makers connected habeas corpus restrictions to their antiterrorism bill. These restrictions included a one year statute of limitations to file a federal habeas petition. It placed a high burden of proof on inmates in order to obtain a federal evidentiary hearing. A "gatekeeper" provision was included, consisting of a panel of three circuit judges to review second and subsequent habeas petitions which would be approved only if the petition relied on a new constitutional law or newly available evidence. The legislation requires a federal judge to defer to a state court's determination of legal questions unless there was an unreasonable application of establish federal law of the state court's decision (Weich, 2001)."

Tags:defense, attorneys, prosecution, DNA, evidence, jury

Abstract
This paper looks at the concepts of "outrageous governmental conduct" and "entrapment", outlines the factual scenario developed at trial, and examines current case law. The paper reaches the conclusion that the state's behavior did not rise to the level of "outrageous governmental conduct." The paper does points out, however, that the appellate court should reverse the lower court's decision convicting Billy Bob because the state's behavior amounted to entrapment.

From the Paper
"Entrapment is a legal concept that can confuse even the most earnest members of the law enforcement and legal communities. It is not entrapment for a police officer to encourage someone to engage in illegal behavior. Instead, to determine whether or not an entrapment defense is available, a court engages in a two pronged analysis: (1) was the offense induced by a government agent, and (2) was the defendant predisposed to committing the criminal act prior to first being approached by government agents? If a defendant is predisposed to committing the crime, even a high degree of inducement will not provide an entrapment defense.
'In this scenario, it is clear that the government used a high degree of inducement. Undercover officer Friday developed a romantic relationship with Jane, who did not know that he was an undercover officer and had Jane inform people that Friday could provide them with drugs. Billy Bob approached Friday and asked to purchase a relatively small amount of marijuana from him. Friday declined, but offered to sell him a larger amount. The amount in question is significant, because the amount of a drug purchased helps dictate whether or not a defendant has intent to distribute."

Tags:outrageous, governmental, conduct, entrapment, Constitution

Abstract
This paper traces the history of the case of "Christophersen vs. Allied-Signal" to the point in which the appellate court had to evaluate the issue of a specific physician's testimony (Dr. Miller). Next, the author delineates the Federal Rules of Evidence, which sets the standard by which the testimony of an expert is admissible, and indicates that the court in this case upheld the integrity of Rule 703. The paper concludes that the lesson of this case is that the determination of the acceptability of expert witnesses not only based on having sufficient qualifications but also on the manner in which they must conduct themselves; however, the author contends there still remains some vagueness around this issue.

From the Paper
"The district court relied on Rule 703, pertaining to the witness' methodology, to exclude Dr. Miller's testimony. Dr. Miller's testimony was in fact based on interview with a co-worker of Mr. Christophersen. There was little other research done by Dr. Miller and his work was not consistent with methods normally used by oncologists or pathologists, given that he was neither. The appellate court thereby rules that the district court was not manifestly erroneous and did not err in granting summary judgment."

Tags:interpretation, summary judgment, expertise methodology appropriateness

Abstract
This paper discusses how criminal justice proceedings in the United States are characterized by their adversarial nature, with one side arguing for the defendant and one side representing the interests of the people or the state. It examines how both sides have a chance to present their arguments before a three-tiered court system: the trial courts, the appellate courts, and finally, the Supreme Court, and how in this way, the judicial system maintains the system of justice in the country.

From the Paper
"Both the defense and prosecuting lawyers are then given time to make "discovery requests," based on the rules in their jurisdictions. This allows both sides of the criminal case to gather facts and evidence that will be used for the case. In one of the final steps before a trial starts, the prosecutors and defense lawyers both select the members of a jury (Rabe 2001). The selection process allows both sides opportunity to ask potential jurors questions that would be asked during trial. Both sides can also weed out jurors and have the opportunity to, ideally, convene an impartial jury."

Tags:jury, defense, lawyers, prosecution