BLS Exam 1 Essay

Submitted By mckenztd
Words: 1123
Pages: 5
Open Document
BLS Exam 1

1. 3 Levels of the courts at the state and local level

I. 3 Types of Courts
1. Trial
a. Juvenile, misdemeanor and felony cases.
2. Intermediate Appellate Court
a. No jury but 3-6 judges rehearing/ arguing an issue because 1 party believes they were wrongly convicted.
b. Only handle questions of Law, not questions of fact.
c. They can overrule questions of fact but only when there is no trial evidence to support the trial courts ruling.
3. Final Appellate Court (Supreme State Court)
a. Make final decision on case.
b. Sometimes called the court of Appease (NY)

II. 3 Types of Federal Courts
1. Trial: US District Court
a. District because every state has judicial districts
b. Supreme court makes decision
2. IA US Court of Appeals
a. Ohio, TN, Michigan, Kentucky in the 6th Circuit court of appeals which hear appeals from those four states US/Federal District court.
b. They have to hear the appeals.
3. FA US Supreme Court
a. Loosing party has to file a writ of certiorari asking them to hear the case
b. The Supreme Court doesn’t have to hear a case.
c. 1000 filled a year but they only hear about 70
d. Resolve splits between circuits. (Circuit Splits.)
i. Rental car, driver and search warrant.

2. The Process of taking a case to the Supreme Court
1. Trial Courts are called US District Courts.
a. 94 Districts all have at least one trial court of general jurisdiction.
2. Intermediate Courts of Appeal
a. 12 Circuits
3. Final Appellate Court of Appeals
a. 9 Justices, lifetime terms

3. Legal Precedents & State Decries
4. Civil vs. criminal justice System
a. Wrongful Behavior that is, acts rues, or a guilty act
i. Nonmetal element of the crime and consequence resulted because of the defendant’s actions.
b. Wrongful state of mind, men’s read, a guilty mind
i. Defendant acted with
1. Purpose
2. Knowledge
3. Recklessness
4. Negligence
2. Criminal Procedure
a. The government, prosecutor, always brings the criminal case
b. The objective is punishment
c. Burden of Proof
i. Burden of production of evidence
1. Prosecution must produce any tangible evidence and testimony that prove the elements of the crime. ii. Burden of Persuasion
1. Prosecutor must persuade the jury beyond a reasonable doubt
2. Only requires the preponderance of evidence
3.

d.
5. Sources of Law

6. Jurisdiction
1. Is the courts authority to hear a particular case and they must have:
a. Subject Matter Jurisdiction
b. Personal Jurisdiction
2. Subject Matter Jurisdiction is the subject for which the cases goes to a specific court
a. Federal Questions:
i. Federal Statues involved in a case can be brought to Federal Court. ii. Lawsuits brought under U.S. Codes mean they are going to federal court.
1. Ex. Amanda VS. Hobby Lobby (birth control)
2. Kevin Vs. Texas (Citizens cannot sue states)
b. Occurs in 2 ways:
i. Federal Questions: ii. Diversity Jurisdiction requirements:
1. Parties of lawsuits have to be from different states
2. Amount in controversy over $75,000
3. A corporation can be from more then 1 state. Principle place of business and where the corporation is incorporated.
4. Must have complete diversity. Meaning the person suing the corporation cannot be from either state defendant is from
5. Principle place of Business doesn’t have to be stated.
6. Defendant always has the right of removalgoing to Federal Court.
a. Removal Jurisdiction can occur if:
i. Federal Question ii. Diversity Jurisdiction
3. Personal Jurisdiction:
a. The ability for the court to enforce a ruling
b. Only 1 of the following requirements needed:
i. 1. Minimum contacts with the forum state
1. Land and Booty, Breach of Duty, Commit a Tort, Family and Support ii. Long-Arm Statue
1. A states specific code saying if you do any of the specified crimes they automatically have personal jurisdiction
2. International Shoe vs. State of Washington led to Long-Arm Statue.

7. Venue
1. Where the Defendant resides
2. Cause of Action arises
3. In any Judicial District
Show More

Related Documents: BLS Exam 1 Essay

Nursing and Lpn Essay

LPN vs. RN: The Advantages of Being a Registered Nurse By Elizabeth Ross on May 21, 2013 1 Comment Nursing is a profession for those committed to making a difference in the lives of others. The long hours you work are devoted to helping heal sick or injured people. And the scrubs you wear are a protective cloak that can withstand even the most wretched bodily fluids. If this sounds intriguing, read on. After you’ve made the decision to go back to school and become a nurse, there’s still…

Words 753 - Pages 4

Macro Econ Essay

Macroeconomics Final Exam Short Answer Questions Select 4 of the following questions to answer. You may answer an additional 2 questions for extra credit. Each question is worth 3 points so you may earn up to 18 points (out of 12 possible). 1. Draw a typical production possibilities frontier for two goods. Show and explain what will happen to the frontier or the production point if a recession causes a significant percentage of the labor force to become unemployed. 2. The U.S…

Words 511 - Pages 3

Notes On Internal Regulation

Exam 3 review: Chapter 10—Internal Regulation * Homeostasis—keeping body variables within fixed range * Set Point—a single value that the body tries to maintain [e.g. body temp~37oC (98.6oF)] * negative feedback—inhibits processes to maintain homeostasis * Allostasis—adaptive way the body changes set point * Basal Metabolism—energy needed to maintain a constant body temp (~2/3-1/2 energy intake) * Poikilotherms—body temp is same as environment * Homeotherms—body temp…

Words 3050 - Pages 13

Certified Registered Nurse Anesthetist

required to have at least 1-2 years of experience in the critical care or ICU unit. Your cumulative GPA during the process of receiving your BSN should be at least a 3.0 to be enrolled in a CRNA program. The average GPA of students who are accepted into CRNA schools ranges from 3.3-3.7. It is also required to take the graduate record examination (GRE) and score at least 1,000 on the exam. Before applying to a CRNA program, you should make sure to have certifications in BLS, ACLS, and PALS. These certifications…

Words 986 - Pages 4

1 Society Of Clinical Psychology Essay

1 Society of Clinical Psychology Clinical psychology is an integration of the science, theory and clinical knowledge for the purpose of understanding, preventing, and relieving psychologically-based distress or dysfunction and to promote subjective and behavioural well-being and personal development Professional practice Clinical psychologists can offer a range of professional services, including:[10] Administer and interpret psychological assessment and testing Conduct psychological research Consultation…

Words 2817 - Pages 12

The Discovery Of Gender Roles During The Paleolithic Age

CHAPTER ONE 1. During the Paleolithic Age, people began migrating out of Africa. They began migrating out of Africa because they needed to find a new food source. People began moving away from Africa about 750,000 years ago following herds of animals. They followed animals because they needed food. 2. Fire and tools played important roles in adapting to new environments for humans. The discovery of fire and the use of animals skins as clothing both helped humans to survive in colder climates…

Words 914 - Pages 4

Comparison And Contrast Of Two States Job Training Programs

Running Head: Comparison and Contrast of Two States Job Training Program 1 Comparison and Contrast of Two States Job Training Programs (Louisiana and Hawaii) Federal/State Job Training Program (IE 587) 11 November 2012 Running Head: Comparison and Contrast of Two States Job Training Program 1 Comparison and Contrast of Two States Job Training Programs (Louisiana and Hawaii) Running Head: Two states Job Training Programs 2 Abstract This paper examined…

Words 1159 - Pages 5

psy discussion Essay

Discussion 1 Explain why correlation does not prove causation. Give an original example that illustrates confusing correlation and causation. Correlation is the relation between two variables. Causation exists when one variable or event is the direct result of another variable or event. It does not mean that one of the variables has any influence on the other variable in a causal way. Correlation can be present between two variables without the variables being causally related in either direction…

Words 1885 - Pages 8

Honor Student Identification Report

• Teri informed the staff that Honor’s Night is coming up soon. Furthermore, each of our twelve AHO programs will need to nominate an honor student. This task is the responsibility of an adjunct facility member or from a Training Service Coordinator. Please be aware, the deadline is Monday, March 28th, which must include the letter of recommendation. • Carmen asked for clarification if a student needed to contribute to the college and/or community along with their academic completion. Teri suggested…

Words 2577 - Pages 11

Essay on Reading robindronath

Learning Systems Inc. No part of these notes may be copied stored or reproduced by any means whatsoever without the express written consent of the authors. 1 © 4Point Learning Systems Inc., 2011 Financial Accounting 2 © 4Point Learning Systems Inc., 2011 Amortization & Revaluation of Property, Property Plant & Equipment 3 1 16/06/2010 © 4Point Learning Systems Inc., 2011 Definitions • Amortization matches the cost of a property, plant & equipment to the period of…

Words 1621 - Pages 7