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What are cases involving admiralty and maritime law about?
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In 1925 this case involved a Tennessee law against the teaching of Charles Darwin's theory of evolution in public schools?
Answer Tulane University in New Orleans
"Lizzie Borden took an axe/ gave her mother forty whacks/ when she saw what she had done/ she gave her father forty one." On August 4th of 1892, Andrew Jackson Borden and… his wife Abby were brutally murdered with a hatchet, (considered to be the most likely instrument of death), in their own home. No one knows for certain who actually killed the Borden's but Andrew's beloved daughter Lizzie was the only one ever arrested and charged with the crime. There were several reasons why she was the one charged for the murder. The first is that she was home at the time of the murders. Her sister Emma was not. The family maid, Bridget, (Maggie), Sullivan was also in the house but after questioning her the authorities did not consider her to be a likely suspect. At the inquest Lizzie's testimony struck the District attorney, Hosea Knowlten, as highly suspicious. For one thing she kept giving different answers to simple questions. When asked where she was when her father came home that day, Lizzie at first answered in the kitchen reading a Harpers magazine. When the District Attorney then asked if she was sure she was in the kitchen she changed her answer saying she wasn't sure and it might have been in the dining room. Just a few minutes after that the same question was phrased in a slightly different way and Lizzie then answered that she was upstairs in her bedroom but just a split second later amended that answer and said she was on the stairs. This looked suspicious because Lizzie's step mother Abby was upstairs in her bedroom all ready dead when Lizzie said she was upstairs in the bedroom and then quickly modified that story to mean the stairway. Within just minutes of testimony Lizzie had given several different answers to the same question. During that inquest Lizzie Borden continued to answer evasively or suspiciously claiming confusion. The transcripts to this testimony reveal District Attorney Knowlton's obvious suspicions as the testimony went on. This testimony was what convinced Knowlton to charge Lizzie with the murders. However, since she had not been charged of any crime at the time of the inquest, she was not allowed to have a lawyer present. Therefore no legal advice as to her rights had been given by any defending lawyer, nor the court nor by the District Attorney. Both the court and Knowlton had assumed the other had already done this. Because of this, her testimony at the inquest was not allowed into evidence at her trial. It should also be pointed out that if Lizzie Borden did kill her father and step mother there was no blood on her nor her clothes when the police arrived. It was not solely on her testimony at the inquest that led to her arrest and trial. She did have motive as her father had recently given property to his wifes family and Lizzie had made it clear that she disagreed with this decision believing the property should have been given to her and her sister. Lizzie also did not much care for her step mother Abby at all. Knowlten had made clear at the trial that he was asking for the death penalty if a conviction was rendered by the jury. At this time the electric chair was the newly invented device used for execution and had she been convicted she would have been the first woman to be executed by electric chair. Since, at the time of her trial, women were not allowed to serve on a jury, it was twelve men who heard the circumstantial evidence and who were expected to either acquit or render a guilty verdict which would send her to her death. It is believed that because it was a jury of twelve men, they were unwilling to condemn this woman to death and so acquitted her instead. However, there are others who believe they just did not believe she was guilty nor capable of brutally killing her father that no one doubted she loved. If she was indeed guilty then there were two crucial mistakes the District Attorney had made. The first was by not apprising Lizzie of her rights before leading her into damaging testimony. This was a violation of her rights and ultimately prevented the prosecution from using it against her at trial. The second mistake was by asking for the death penalty which meant a particularly hard decision for a jury to make in terms of convicting Lizzie Borden based solely on circumstantial evidence. In terms of the juries decision to acquit, given that the damaging testimony she gave at the inquest was information not privy to the jury, it seems the acquittal was justified as there was indeed reasonable doubt. Simply being home at the time of the murder and not liking a step mother and not being happy with her father for giving away family property to a family she considered not to be family is hardly damaging evidence for a jury to convict a woman of murder and send to her death.
Depending on what country you need a maritime law firm for, it's worth going on The Legal 500 website which gives information about maritime law firms in various countries.
Any court can hear the case. It depends on the severity of what happened in the case though. If you are convicted on terrorism then you are tried in a federal court becaus…e it threatened lives.
An answer to that question covers just about everything you will learn in law school! Among the fundamental objects of 'the law,' two of the most important are consistenc…y and predictability. Legal disputes that arise out of the same facts should produce the same results, so society in general can know in future that if the facts are A B & C, the legal results will be X Y & Z. Case law is the study of legal cases that have been decided by courts, often by appeal courts. A typical law student will read about 10,000 (yes, ten thousand) cases during her/his three years in law school. They are, of course, categorized by subject matter, such as contract law, property law, constitutional law and criminal law (to name a few of the first year courses). Most juridictions in the US and Canada (as well as Australia, New Zealand, and many other countries with an English heritage) have 'received' English common law as the basis of their legal systems. Over hundreds of years, cases have been decided by courts, then published in a variety of legal reporting series. Much of the law we live under today is this common law (or case law). It does not have its foundation in legislation. It relies on the decisions of courts in applying the common law consistently, over hundreds of years, and in applying the law to novel fact situations in accorance with well-established principles of the common law. Likewise, legislation must frequently be interpreted by courts when it is applied to specific fact situations. Legislation is drafted to cover general situations, but it is impossible to foresee each and every possible specific fact situation. Courts have, again over many years, developed consistent methods of interpreting legislation. This too is part of case law, applying previously decided cases to new fact situations in order to produce consistent results. If you have digested this much, then your law professor will now assign you about 30 pages of cases to read in preparation for the first class of the first day of the first of the four core courses you will take in your first year law school. (Don't let me scare you. Law school was the best intellectual experience I ever had.)
importances sources of maritime law
what will be the importance of maritime law in my profession as a maritime cadet
Divorce - Child Support - Alimony and Spousal Support issues - Child Custody - etc)
They are called just that: personal injury lawsuits. Within the field of personal injury there are a number of different types of cases such as medical malpractice or wrongful… death, but these cases still fall under the personal injury law umbrella and would be taken on by a personal injury lawyer. The article below answers the question "What is personal injury?."
the Veterans Appeals Court
In Business Law
"Laws" are not derived from "case law" - DECISIONS are derived from case law.
Is there any case law relating to whether 941 payroll tax debt is considered marital debt if one of the spouses was not involved in the business?
Answer If your business is incorporated, a partnership, or an LLC being taxed as a corporation or partnership, the IRS cannot assess you personally for 941 taxes withou…t assessing the Trust Fund Recovery Penalty. This penalty can only be assessed against a person who was both "willful" and "responsible" in the non-payment of the taxes. By default, a spouse who was not involved in the business should not fall into this category and therefore could not be assessed with any portion of the unpaid 941 taxes. However, if you live in a community property state the IRS may only assess this debt against one spouse, but will be able to pursue the assets of the marriage because the Trust Fund Recovery Penalty would be a post-marital debt. If your company was a sole proprietorship or an LLC being taxed as one, the proprietor is automatically liable for the 941 taxes personally (the IRS does not have to make a separate assessment). In this case, only the income and assets of the liable spouse are subject to IRS enforcement (unless, again, you are in a community property state).
Federal courts have exclusive jurisdiction over cases between states. They also have exclusive jurisdiction over cases concerning Constitutional Law in the United States.