Appeal Essays

Outline and Briefly Explain the Federal Court System

The U.S. has a dual court structure. To be exact, we have a federal judiciary system and the systems that are operated by each of the states. This dual court structure is a unique feature of the American judicial system. Although most cases are tried in state courts, the federal court is playing a larger and larger role in finding resolutions to disputes. Partly, this is because congress in recent years has enacted a range of new laws that grant…

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Energy Auto Inc.

Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions: 1. If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant. 2. In which state or states can the suit be brought? 3. Assume that Javier incurred $100,000 in damages. a) Analyze whether the suit can be brought in federal court b) Explain the advantages and disadvantages of federal versus state court for this type of suit. Case 1….

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Masciantonio Case Note and Critique

The defence argued provocation. An appeal was put before the Court of Criminal Appeal Victoria. Reason for the appeal was that the judge had failed to mention provocation to the jury regarding the second stage of the incident. That this failure was a miscarriage of justice. Crockett, Marks & Ormiston JJ – Court of Criminal Appeal. Crockett & Marks JJ agreed with the O’Bryan J decision. Ormiston J believed that provocation should not have been a defence at all. November…

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A Division of Parody Productions

1. FACTS: Parody Productions, LLC is a company that sale his playing cards over the internet. The product portrays well-known players from a sports team’s history. The plaintiff in this suit, Ronald Swoboda, is included in the New York Mets Hero Deck. Swoboda claims that he has never given Parody permission to use his image. He further contends that through his attorney he sent Parody a cease and desist letter. Parody refused to stop selling cards with Swoboda’s name and…

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Purpose of General Appeals Process

The purpose of a General Appeals Process is used to challenge payer’s decision to reduce, deny or to downcode any claim. The provider however, can ask for a review of the payer’s decision. The patient also has a right to ask for a request of the appeal. The claimant or appellant is the one that is filing the appeal. That could be an individual who is the provider or the patient. The basic steps are simple of the appeal. This…

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Moot Memo

Constitution – Maintainability – Applications were filed by Delhi Legal Aid & Advice Board and Delhi Bar Association for award of compensation to persons who had suffered harm on account of escape of oleum gas from plants of Shriram Foods and Fertiliser Industries – However, as issues raised involved substantial questions of law relating to interpretation of Articles 21 and 32 of Constitution, case was referred to larger Bench of five Judges – Hence, this Appeal – Whether, under Article…

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Court History and Purpose

Abstract “The court represents the collective conscience of society, serving as an instrument for expressing the revulsion people feel for those who commit particularly heinous crimes” (Siegal, Schmalleger, & Worrall, 2011). This paper will discuss the history of court and its purpose. It will also define the dual court system. It will describe the role that early legal codes, the common law, and precedent played in the development of courts. It will identify the role of courts in present criminal…

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Role and Functions of Law Paper

Law works in many ways for business and for our society to coexist. This is done by setting rules and expectations that provide ways to solve disputes and assign government agency to enforce them. Law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force.” (Melvin, 2011). It is very important for business owners to understand law in the type of services that they provide, from either hiring employees or…

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Case Law and the Doctrine of Precedent

In this essay I will be discussing several points of interest that will help me answer the given question. My first point is on the Hierarchy of the courts. In this point I will explain the different ‘levels’ there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and…

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Wrongful Convictions

As the pace of DNA exonerations has grown across the country in recent years, wrongful convictions have revealed disturbing fissures and trends in our criminal justice system. Together, these cases show us how the criminal justice system is broken and how urgently it needs to be fixed. We should learn from the system’s failures. In each case where DNA has proven innocence beyond doubt, an overlapping array of causes has emerged from mistakes to misconduct to factors of race and…

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Geico Advertising Appeals

Out of the many appeals that companies use to advertise their product or service, the need to achieve is one of the most commonly seen. In our highly competitive society, everybody is trying to get ahead. Everybody is looking for that little advantage that will push them forward. The appeal of achievement correlates with success and winning, ideas that represent the outcomes of hard work on which people like to pride themselves. In many of their ads, Geico likes to…

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Ermogenous V Greek Orthodox Community of Sa Inc. [2002]

1. CITATION. Ermogenous v Greek Orthodox Community of SA Inc. [2002] HCA 8; 209 CLR 95; 76 ALJR 465; 187 ALR 92 (7 March 2002) 2. COURT. HIGH COURT OF AUSTRALIA FULL COURT GAUDRON, McHUGH, KIRBY, HAYNE and CALLINAN JJ ERMOGENOUS, Spyridon APPELLANT v GREEK ORTHODOX COMMUNITY OF SA INC RESPONDENT 3. BRIEF STATEMENT OF MATERIAL FACTS. [1] The appellant alleged that he had been employed by the respondent since 18 March 1970 but had not received any entitlements to…

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Advertising’s 15 Basic Appeals

Fowles has written other books on the effects of media on society such as “Advertising and Popular Culture” published in 1996. He is also a researcher, publisher, and professor in media. “Advertising’s” has also appeared in “Mass Advertising as Social Forecast” by Jib Fowles. From the title, you can expect that this essay will explore the reasoning behind advertisements and why people like them. It is an appropriate title because Fowles breaks down each “appeal” he lists and explains why…

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Judicial Precedent Casesnotes

6.4 Continuity and change in the doctrine of precedent Miliangos v George Frank [1976] AC 443 (Required) Key Facts The claimant (M), who was a Swiss national, supplied yarn (紗線) to an English company under a contract which provided for payment to be made in Swiss francs. The company failed to pay and M made a claim in the English courts. He asked that the award be in Swiss francs and not in English pounds as the value of the…

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Press Release

LOUISIANA- Amnesty International has called for the release of Louisiana inmate and Angola 3 member Albert Woodfox after a federal appeals court ruled on Thursday (Nov. 20) in Woodfox’s favor. The major human right organization, stated in a press release Friday (Nov. 21) that Woodfox spending over forty years in solitary confinement, “raises serious human rights concerns.” The decision from the Fifth Circuit Court of Appeals upheld a district judge’s ruling that overturned Woodfox’s conviction of murder in 1972 of…

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