Abstract This paper discusses the dual court system in the U.S.A. and explains that this system refers to a two court system: the State Court system and the Federal court system. According to the paper, this dual system is an authority division system. The function of each court is discussed as well as court unification and the monolithic court system, where the two court systems merge together forming a single court system. In addition, the paper discusses which type of court is more beneficial.
Outline:
Introduction
Dual Court System
Court Unification and Monolithic Court System
Conclusion
From the Paper "Dual court system started as an assurance of limited federal intervention in local matters during the union formation. Earlier states created their own laws and the laws differed from state to state. Thus state courts were necessary for hearing cases relating to violation of those laws. The formation of the federal laws necessitated the creation of federal court systems. In present scenario, the two systems are distinct entities, neither one of which interferes in the affairs of the other."
Abstract This paper reviews two dissimilar court systems: the criminal courts in Washington, D.C. in the United States; and the International Court of Justice (the World Court).
From the Paper "This paper provides of brief review of the a local criminal courts in the District of Columbia Washington D C in the United States .."
Abstract This paper focuses the effects of Supreme Court decisions on public opinion as debated by Johnson and Martin in "The Public Conditional Responses to Supreme Court Decisions," Mishler and Sheenan's "The Supreme Court as a Countermajoritarian Institution? The Impact of Public Opinion on Supreme Court Decisions" and Rosenberg in his book "The Hollow Hope". This paper argues that the Supreme Court does have an effect on public opinion but that such effects are conditional.
From the Paper "It would be simple to conclude that the Supreme Court either has an effect on public opinion or that it has no effect whatsoever on public opinion. The correct conclusion would be to say that the Supreme Court has an effect on public opinion and that such effect is not always clearly determinable. In other words, "The Supreme Court can and does influence public attitudes toward highly salient issues, but its effect is conditional" (Johnson and Martin, 1998, 306). This is known as the Conditional Response Theory, as established by Johnson and Martin in their article The Public's Conditional Response to Supreme Court Decisions. Johnson and Martin assert that the Conditional Response Theory is based on three facts: First, the Supreme Court is viewed as a creditable institution and therefore a highly legitimate one. "
Abstract The paper looks at the historical process of Supreme Court nominations and confirmations. It looks at the individuals the current president has nominated for the highest court in the land, his reasons for selecting these individuals, the arguments for and against each one, and what has happened to the nominations and to the nomination process in recent months. Finally, the paper concludes with an examination of what President Bush's nominations portend for the future direction of the American Supreme Court and for the ideological make-up of the court in the present and future.
From the Paper "The changes on the Supreme Court: What it means for America Each time the President of the United States nominates someone to the Supreme Court, he is making a decision that is among the most important of his administration - perhaps the most important."
Abstract The paper discusses the United States Supreme Court and history of the justices that comprise it. The paper further examines the background of the justices and how the court became associated with the matter of the U.S. Constitution. The paper also discusses the requirements of office, the duties of the court, and the nomination and confirmation process that is associated with positions on the court. Finally, the paper examines current issues within the court and makes determinations based on the research.
From the Paper "The Supreme Court of the United States has been responsible for law that has altered the lives of every American. Cases such as Roe v. Wade, Plessey v. Ferguson, and Brown v Board of Education have spoken to significant issues within society, and have created the framework for how society will function throughout time. While it did not appear that the initial court would ever have such an impact on the country, the expertise of the judges that have served on the court altered that opinion, allowing the court to become the most dominant judicial force within the United States. The United States Constitution gave the duties of forming a court system in the country to the United States Congress through Article III, Section I. "
Abstract A detailed examination of the U.S. Supreme court and the type of matters it addresses. The author argues that issues of politics and political controversies should be taken into account by the supreme court as often they form constitutional issues, and supports this view by emphasizing the chief objective of the U.S. supreme court: to preserve the principles and rights guaranteed in the U.S. Constitution. The paper includes an analysis of various politicians and an explanation of the roles of the supreme court and judiciary.
From the Paper "When political beliefs and thoughts evolve into law, often times, constitutional issues arise alongside. Although the U.S. Supreme Court has the license to decide whether or not to adjudicate matters involving hot political topics, past history has indicated that the Court has not been inclined to evade such questions, but rather, to thoroughly delve into such controversies. As a staunch Federalist, Alexander Hamilton had strong beliefs and ideas as to how the infant U.S. government should be set up and efficiently run. As opposed to Thomas Jefferson's notions on the importance of strong state governments, Hamilton believed in the superiority of a powerful central government body. He set forth his political views in the Federalist papers, examining all aspects of government and focusing on the role of the judicial branch in numbers 78, 79 and 80."
Abstract This paper examines the existence of the courtly love theme in popular culture. The paper refers to traditional texts, such as Chaucer's "Complaint to his Lady" and John Donne's poem, "The Canonization"; in relation to the contemporary television program, "Buffy the Vampire Slayer". The paper defines three essential elements of Courtly love poetry: The ennobling force of human love, the elevation of the beloved above the lover and love as ever unsatisfied, ever increasing desire. It describes that modern courtly love are usually adaptations, and that how they adapt the traditional story reflects the values and attitudes of the courtly love convention appropriate to a contemporary audience.
From the Paper "Courtly Love has developed from the later Middle Ages through to modern times as a highly conventionalised code. Examples are evident in popular culture though are usually adaptations - adopting selective aspects. This can be seen through the similar values and attitudes portrayed in the texts."
Abstract This paper examines the constitution against the decisions of the Supreme Court and evaluates how the meaning of the U.S. Constitution has been shaped by the personalities, philosophies and composition of the members of the U.S. Supreme Court. The writer compares and contrasts two U.S. Supreme Court Justices with different philosophies of law and interpretation. The paper covers the theory and cites specific case examples and their impact on the United States.
From the Paper "We live in what is supposed to be the best nation on earth. We have freedoms that many do not have and we have opportunity that many never see. This country is one that embraces diversity and personal rights. While we have all of these things we have also reached a point in our existence where there are so many people and so many diverse ideas that its difficult to sort out what is and isn"t a constitutional right sometimes. The Supreme Court is often charged with making those decisions, which outs the Supreme Court in the position of not only interpreting the constitution but also shaping it as well by its decisions and rulings.?
Tags: government, run, structure, parliament, president, judge, court, decide, law
Abstract The paper starts by outlining the background to the Texas vs. Johnson court-case of flag-burning that occurred in the U.S.A. It explains the conviction in the light of the First Amendment. It looks at the court's determinants and the consequences of the decisions of the court for future flag-burning offences.
From the Paper "The phrase "Symbolic expression" is usually used to explain expressions that are mixed with elements of behavior. Symbolic expression (or expressive behavior) can be protected by the First Amendment, according to The Supreme Court that has made it clear in a series of cases. Many of these cases have been highly controversial, but none has probably been so, more than Texas v. Johnson (1990) overturning the conviction of a man who expressed his utter displeasure with United States policies by burning an American flag."
Tags: First, Amendment, USA, court, consequence, determinant, symbolic, expression
Abstract The issue of whether or not to allow television coverage of court proceedings is indeed an undeniable paradox. On one hand, we have a legal tradition and constitutional right to a public trial. On the other hand, there is the very real problem of jeopardizing the health and well being of jurors, witnesses and other players in the court. And, there is the lesser, but very real, problem that televisions in the court can make celebrities out of the criminals who can then turn around and profit from their crimes once again. It is the purpose of this paper to explore the various angles on this issue and to help develop a concept of media coverage that allows for both open access to the proceedings of our government and the continued privacy or secrecy necessary to protect the innocent.
Abstract Historically, juveniles who came to the attention of the courts were considered less guilty than adults because of their age. This, in turn, developed into an attitude at the end of the 19th and beginning of the 20th Century that the appropriate role for police and the courts was to guide the young person to a better path. Finally, this led to the idea of 'status offenses'; that is, offenses that would not be crimes if committed by an adult. The paper examines the history of juvenile courts in the American legal system. It discusses issues such as the 'parens patriae' policy, juvenile facilities, rehabilitation, and the status of the system today.
From the Paper "The philosophy of parens patriae allowed the courts, and through them a variety of social service programs, to concern themselves with actions that violated societal expectations. The juvenile system then had a tiered set of offenses, just as the adult criminal system did, but at the bottom of the tier for youths were offenses that were not listed in any criminal code. Police had broad discretionary power at this level and could choose whether to ignore what they saw, to simply talk to the youth or youths in question, or to make an arrest (Wolcott, 2001)."
Abstract This paper explains that an interesting but not surprising theme of this debate is that most advocates of an international criminal court tend to be from smaller and less powerful countries. The author points out that most opponents of an international criminal court tend to be from powerful, wealthy, industrialized countries. The paper relates that some of the main argument in favor of an international criminal court are its empower of weaker countries and their citizens and the reduce global tensions.
From the Paper "In analyzing whether the world needs an international criminal court, it is evident that a number of arguments have been made both for and against such a court. The first main pro argument in favor of an international criminal court is that it would empower weaker countries and their citizens by providing them with the means through the ICC to redress grievances against powerful countries or their citizens. The second main pro argument is that the establishment of an ICC would reduce global tensions through the empowerment it provided weaker states and their citizens."
Abstract Since the end of the Second World War, the number of international bodies dedicated to maintaining peace a general rule of law among nations has grown exponentially. This paper examines one of the more prominent of these international bodies, namely the International Court of Justice, and look at its history, organizational structure and duties in an effort to ascertain its role within the modern international system. The paper also reviews the key historical cases, treaties and current activities of the court inasmuch as these items have and will continue to shape the court far in the future.
Abstract This paper looks at courtly love and how it was used in the love stories of the Middle Ages. It examines how the lais of Marie de France were unusual in that they didn't always follow the standard courtly love conventions exactly and looks at the reasons why.
From the Paper "In Eliduc Guilliadun is of more noble birth than Eliduc, but to break from convention she takes on the role of the admirer. It is she who initiates the relationship by inviting him to come and talk with her(lines 277-278), who upon being struck by love turned pale (line 306), who hesitates in telling him how she feels (lines 307-308) and who later on will suffer sleepless nights because of it (line 331). Although she adheres to all the courtly love conventions as the admirer, she is definitely not representative of the authoritative courtly lady; this stereotype is less important to Marie de France than the dynamic of the lai, as it is fundamental to our understanding of the characters that it is Guilliadun who initiates the relationship and not Eliduc."
Abstract This paper discusses the issues in the Supreme Court decisions relating to the First Amendment and other the Americans with Disabilities Act. The author relates the expansion of the scope of the First Amendment and free speech. The paper criticizes the Court's decision in the case involving the Americans with Disabilities Act.
From the Paper This essay analyzes two cases before the Supreme Court New YorkTimes v. Sullivan U. S. and Toyota Motor Manufacturing Kentucky Inc .v. Williams Case No. ... decided January... . New York Times v Sullivan Parties. L. B. Sullivan, an elected Commissioner ..."
Tags: New York Times v. Sullivan, Supreme Court, First Amendment, Disabilities
