Courts Essays (Examples)
Study Document
Child Protection
… not done frequently. The challenge is in demonstrating that there is a relationship between parental behavior and the outcomes of the child.
Similarly, courts find it unjust to declare a parent as neglectful when they are poor but struggle to meet ends. Indeed, the NSW expressly declares … unjust to declare a parent as neglectful when they are poor but struggle to meet ends. Indeed, the NSW expressly declares that the courts cannot declare that a child's basic needs have not been met or likely not to be met as a result of the parents' … Respond to calls from the police and community service personnel to carry out medical examinations
· Help out in proceedings of the children's courts when called upon to do so.
Conclusion
Young people have a right to be kept safe in their homes and around the community. ……
References
References
Australian Law Reform Commission (ALRC). (2010). Family violence: A national legal response. Canberra: ALRC.
Child Family Community Australia (CFCA). (2016). Australian legal definitions: When is a child in need of protection? (CFCA Resource Sheet). Melbourne: Australian Institute of Family Studies.
New South Wales Government. (1998). Children and Young Persons (Care and Protection) Act 1998.
NSW Government, (2018a). Child wellbeing and child protection fact sheet for NSW Health workers. Retrieved from https://www.health.nsw.gov.au/parvan/childprotect/Pages/child-wellbeing.aspx
NSW Government, (2018b). About child protection and wellbeing. Retrieved from https://www.health.nsw.gov.au/parvan/childprotect/Pages/default.aspx
WHO (2002). \\\\\\\\\\\\"Chapter 3: Child abuse and neglect by parents and other caregivers.\\\\\\\\\\\\" World report on violence and health. Retrieved from https://www.who.int/violence_injury_prevention/violence/global_campaign/en/chap3.pdf
World Health Organization. (2006). Preventing child maltreatment: a guide to taking action and generating evidence. Geneva, WHO.
Study Document
Law In Business
… two legal concepts: employee mobility and protect competition. Nevertheless, the difference between general knowledge and trade secrets is usually not clear. Even the courts in different jurisdictions have not be consistent about what is what between the two. In this article, the authors document the results of … between the two. In this article, the authors document the results of a study that was undertaken to investigate the factors that most courts often use to differentiate between trade secrets and general knowledge in related cases.
This article is legally important since it addresses trade secrets … skills and knowledge. This is particularly difficult when the skills or knowledge of the employee are rare or superior. In most cases, the courts usually repeat the previous rule and do not explain the manner in which they arrived at their decision.
Source: Franck, J-U., & Peitz, … direct purchasers but also on……
References
Edelman, M. (2018). Lack of integrity? Rebutting the myth that U. S. commercial sports leagues have an intellectual property right to sports gambling proceeds. Journal of Law and Business, 15(1), 1-16.
Franck, J-U., & Peitz, M. (2018). Suppliers as forgotten cartel victims. Journal of Law & Business, 15(1), 17-59.
Saunders, K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills and knowledge. Journal of Law and Business, 15(1), 61-99.
Study Document
Bilingual Education Handbook Compare And Contrast
...Courts Danville School District ESOL program handbook contains policies and procedures that help English language learners (ELLs) attain English proficiency. The key components of the handbook include 1) the district’s legal obligations to ELLs and their parents, 2) the district’s procedures for identifying, assessing and placing students in ESOL program, 3) the district’s educational approach and curriculum, 4) the district’s methods and procedures for students exiting from ESOL program, and 5) the district’s method of evaluating the effectiveness of the ESOL program (“Danville School District ESOL Program Handbook,”2019). The remainder of this paper elaborates on how the above key components of the handbook are consistent with language policies reviewed in this course.
Danville School District legal obligations to ELLs and their parents
Below are some of the legal reasons why the district has an ESOL program.
The Civil Rights of 1964, Title VI
Title VI of the 1964 Civil Rights Act……
References
References
Danville School District ESOL Program Handbook. (2019, October). Cloud Object Storage | Store & Retrieve Data Anywhere | Amazon Simple Storage Service (S3). https://s3.amazonaws.com/scschoolfiles/364/esl_handbook_updated_oct_2019_1.pdf
Díaz-Rico, L. T., & Weed, K. Z. (2010). The Crosscultural, language, and academic development handbook: A complete K-12 reference guide (4th ed.). Allyn & Bacon.
Sutton, L. C., Cornelius, L., & McDonald-Gordon, R. (2012). English language learners and judicial oversight: Progeny of Castaneda. Educational Considerations, 39(2). https://doi.org/10.4148/0146-9282.1111
U.S. Department of Education. (2012, May). Language Instruction Educational Programs (LIEPs): A Review of the Foundational Literature. https://www2.ed.gov/rschstat/eval/title-iii/language-instruction-ed-programs-report.pdf
U.S. Department of Justice. (2019, October 15). Types of educational opportunities discrimination. https://www.justice.gov/crt/types-educational-opportunities-discrimination
Study Document
Violent Crime Control And Law Enforcement Act Of 1994
...Courts Crimes in the U.S.
Introduction
Contrary to US civil law, the nation’s criminal law represents a legal system which deals with penalizing those who perpetrate criminal offenses. Among the many criminal laws of the nation is its 1994 Violent Crime Control and Law Enforcement Act or, simply, crime bill. The bill’s enactment was, in a number of ways, characteristic of the tough-on-criminals bipartisan campaign of the latter part of the past century. The bill included numerous positive provisions like greater law enforcement accountability and fresh protections for those victimized by perpetrators of sexual abuse/assault and domestic violence; however, it was believed to worsen the racial gap in involvement in the criminal justice arena (Moore, 2017). Hence, this paper attempts at ascertaining the desired impact of the aforementioned crime bill, as well as court interpretation of the act through examining different aspects of the bill.
History of crime bill
The 1994 Violent……
References
References
Raymond Derrial Madden, Petitioner-appellant, v. United States of America, Respondent-appellee, 64 F.3d 669 (10th Cir. 1995)
Sepulveda v. United States, 69 F. Supp. 2d 633 (D.N.J. 1999)
United States of America, Plaintiff-appellee, v. Joanne Kwi Ye Estes, Defendant-appellant, 166 F.3d 1218 (9th Cir. 1998)
United States v. Madden, No. 92-6206 (10th Cir. Apr. 20, 1993), WL 332262 Books and article
Moore, R. (2017). The new Jim Crow: Mass incarceration in the age of colorblindness. Macat Library.
United States Congress. (1994). Violent Crime Control and Law Enforcement Act of 1994. Public law, (103-322).
Websites
The Establishment. (2016, April 12). About That Controversial 1994 Crime Bill. A Medium Corporation. Retrieved from https://medium.com/the-establishment/about-that-controversial-1994-crime-bill-c17ccfcc25fa
Study Document
Criminal Justice Reform And Bail Reform
...Courts Introduction
What is criminal justice reform? It is the focus on improving the criminal justice system through the implementation of evidence-based best practices, policies that promote greater equitability fairness, and systems that are more cost-efficient (National Criminal Justice Association, 2019). One area in which reform is needed is the issue of bail. Bail is the bond that allows an arrested individual to leave jail while awaiting trial, which could last for many months. If the individual has the money, he may post bail. If not, he is stuck in jail. Essentially, the system favors the rich over the poor (ACLU, 2019). There are many examples of abuses regarding bail—from the woman mistakenly jailed pre-trial, who ended up losing her job and kids as a result (Woods & Rosnick, 2019) to the $2 billion bail industry that profits off the impoverished (ACLU, 2019). This paper will discuss the history of reform,……
References
References
ACLU. (2019). ACLU lawsuit goes after $2 billion bail industry that profits off poor people. Retrieved from https://www.aclu.org/press-releases/aclu-lawsuit-goes-after-2-billion-bail-industry-profits-poor-people " target="_blank" REL="NOFOLLOW">
Study Document
The US Sentencing System Disparities And Discrimination
...Courts Introduction
A defendant that has successfully been prosecuted and then found guilty will have their sentence determined and read out by a judge at the sentencing hearing. The sentencing hearing can only take place after the criminal conviction. During the sentencing hearing, the judge will have to decide on a sentence or a punishment based on the maximum and minimum sentences for the particular crime, as stipulated in the penal code. While all this sounds straightforward, there have been many cases recorded of discrimination and disparity in sentencing (Spohn, 2008).
With regards to sentencing, a disparity exists in two ways – when offenders who are different get the same punishment, and when similar offenders get different punishments. More specifically, a disparity exists when judges impose the same punishment/ sentence on offenders who have very different crimes and criminal histories and when judges impose different punishments on offenders who have carried……
References
References
Daly, K., & Tonry, M. (1997). Gender, Race, and Sentencing. Crime and Justice, 22, 201-252. Retrieved May 26, 2020, from www.jstor.org/stable/1147574
Farrell, A., Ward, G., & Rousseau, D. (2010). Intersections of gender and race in federal sentencing: examining court contexts and the effects of representative court authorities. Journal of Gender, Race, and Justice, 1, 85.
Hessick, C. B. (2010). Race and gender as explicit sentencing factors. Journal of Gender, Race, and Justice, 1, 127.
Mauer, M. (2010). Justice for all challenging racial disparities in the criminal justice system. Hum. Rts., 37, 14.
Smith, D. (2006). Narrowing Racial Disparities in Sentencing through a System of Mandatory Downward Departures. The Modern American, Summer 2006, 32–37.
Spohn, C. (2008). How do judges decide?: the search for fairness and justice in punishment. Sage Publications.
Yang, C. S. (2015). Free at last? Judicial discretion and racial disparities in federal sentencing. The Journal of Legal Studies, 44(1), 75-111.
Study Document
Employee Treatment In The Workplace
...Courts Fair treatment of workers is a priority for any employee given that it is a right guaranteed by the Constitution and protected by labor laws. Since this right is protected by the Constitution and existing federal and state laws, employers face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing labor laws protect employees from discrimination, unfair treatment, retaliation, and other work-related issues. For this large company, making business decisions in consideration of employment protections is essential toward ensuring fair treatment of employees. The significance of fair treatment of all employees in this large company with respect to applicable federal antidiscrimination laws, federal health and safety laws, and state laws is discussed.
Recent Federal Legislative Protections/Laws
Workplace discrimination is a term used to refer to any practice or procedures in the working environment that seek to segregate an……
References
References
Coble, C. (2015, June 11). Can Undocumented Immigrants Get Workers’ Comp? Retrieved March 12, 2020, from https://blogs.findlaw.com/injured/2015/06/can-undocumented-immigrants-get-workers-compensation.html
Grabell, M. & Berkes, H. (2018, February 7). Florida Bill Seeks to Stop Arrests of Injured Immigrant Workers. National Public Radio. Retrieved March 12, 2020, from https://www.npr.org/sections/thetwo-way/2018/02/07/583995647/florida-bill-seeks-to-stop-arrests-of-injured-immigrant-worker s
Jennings, M. (2018). Business: Its Legal, Ethical, and Global Environment (11th ed.). Mason, OH: Cengage Learning.
Lenard, P.M. (1987). Unjust Dismissal of Employees at Will: Are Disclaimers a Final Solution? Fordham Urban Law Journal, 15(2), 533-565.
Lindsay, D.C. & Moore, L.M. (2011). State and Federal Leave Laws: How Recent Legislative Changes Have Complicated Leave Administration. Employment Relations Today, 38(1), 77-90.
Macgillivray, E.D., Beecher, H.J.M. & Golden, D. (2010, December). Legal Developments – Recent Action, Federally and in the Workplace. Global Business and Organizational Excellence, 73-81.
Mello, J.A. (2019, August 9). Why the Equal Pay Act and Laws Which Prohibit Salary Inquiries of Job Applicants Can Not Adequately Address Gender-Based Pay Inequity. SAGE Open, 9(3), https://doi.org/10.1177/2158244019869106
Muhl, C.J. (2001, January). The Employment-at-will Doctrine: Three Major Exceptions. Monthly Labor Review, 3-11. Retrieved from Bureau of Labor Statistics website: https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Study Document
Constitutional Rights And Administrative Goals
...Courts The 8th Amendment and Prison Life
Not all of an individual’s Constitutional rights are lost the moment the person is incarcerated. On the contrary, it is there that they become more important than ever because it is in the penitentiary that individuals are essentially cut off from society and at the mercy of the correctional system. The correctional system must, therefore, maintain a degree of authenticity and transparency so that society can be assured that prisoners are treated humanely and in accordance with their Constitutional rights. At the same time the correctional system has to take issues such as security, effective administration, and cultural sensitivity. This paper will show that when it comes to the rights of the incarcerated, the correctional system must be fair and equitable in their treatment and handling of prisoners.
Wolff v. McDonnell, 418 U.S. 539 (1974) was the United States Supreme Court case that set the record straight on……
References
References
Compton, M. T., Anderson, S., Broussard, B., Ellis, S., Halpern, B., Pauselli, L., . . . Johnson, M. (2017). A potential new form of jail diversion and reconnection to mental health services: II. Demonstration of feasibility. Behavioral Sciences & the Law, 35(5–6), 492–500. doi:10.1002/bsl.2319
Oaks, D. H. (1965). Habeas corpus in the states: 1776-1865. The University of Chicago Law Review, 32(2), 243-288.
Richmond, C. (2015). Toward a More Constitutional Approach to Solitary Confinement: The Case for Reform. Harv. J. on Legis., 52, 1.
Stojkovic, S., & Lovell, R. (2019). Corrections: An introduction (2nd Ed.). Retrieved from https://content.ashford.edu
UPI. (2018). Justice Department: Alabama prisons may violate 8th Amendment. Retrieved from https://www.upi.com/Top_News/US/2019/04/03/Justice-Department-Alabama-prisons-may-violate-8th-Amendment/8921554309036/
Study Document
Reforming The Criminal System
...Courts The Need for Criminal Justice Reform and Bail Reform
When it comes to incarceration, the U.S. has the worst record in the world: the U.S. is only 4.4% of the world’s population, but it makes up 22% of the entire planet’s prison population. 716 people for every 100,000 in the U.S. will be incarcerated; moreover, 70% of those in prison will be there simply because they cannot afford to pay for bail (ACLU, 2019). Since most people live paycheck to paycheck in the U.S. it is not surprising to find that anyone accused of a crime is unlikely to be able to post the average cost of bail, which in the U.S. is $11,000 (ACLU, 2019). For these reasons, there is a need to establish both criminal justice reform and bail reform in the U.S. The American Gulag is like that of the Soviet Gulag: people lose their entire lives……
References
References
ACLU. (2019). ACLU lawsuit goes after $2 billion bail industry that profits off poor people. Retrieved from https://www.aclu.org/press-releases/aclu-lawsuit-goes-after-2-billion-bail-industry-profits-poor-people " target="_blank" REL="NOFOLLOW">
Study Document
Criminology Theory
… maintaining the law and order for which they ordered mass incarceration, showing changes in the emotional tone of crime policy.
Answer C:
US courts are more judicially independent than Canada’s, as the US has a very complex structure of the judicial and appeal system. This can be … the plea bargain for the crime they haven’t even committed only to be released early. If the plea bargain is not taken, the courts punish with a harsher verdict, which makes it inevitable for minorities like……
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