Thursday, June 18, 2009

Dissent of the Case

The justices didn't rule against the case. Instead, they stated their opinions and truths accordingly. Certainly the affirmative pursuit of one's convictions about the ultimate mystery of the universe and man's relation to it is placed beyond the reach of law. Government may not interfere with organized or individual expression of belief or disbelief. Propagation of belief -- or even of disbelief -- in the supernatural is protected, whether in church or chapel, mosque or synagogue, tabernacle or meetinghouse. Likewise, the Constitution assures generous immunity to the individual from imposition of penalties for offending, in the course of his own religious activities, the religious views of others, be they a minority or those who are dominant in government. Cantwell v. Connecticut, ante, p. 296.

Genuineness, or reality, of agreement is said to be present in a contract when there is a true meeting of the minds of the parties.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 111

"Protection of rights and freedom of individuals is well established by the federal and state constitutions, by statutory law, and by common law. Still, today's complex society and system of justice present special needs that require certain laws that include their iwn administrative machinery."

http://caselaw.lp.findlaw.com/data/constitution/amendment14/

My Own Argument

These youths should definitely not be punished for staying true to their own beliefs nor deprived of publicly supported educational privileges. They haven’t shown disloyalty to the Government or to the United States for obeying the laws of God and the bible, in my opinion. Also, from what I can see, they did not want to deny their faith, hence standing strong to their religious convictions.

I must say that I have to agree with the ruling, being brought up as a Jehovah’s Witness myself. I know what it’s like for people to ask questions or stare at you because you do not salute the flag. I’ve always stood up for myself, whether I completely understood why I didn’t do it, starting from a very young age. Growing up, however, I began to learn and truly understand the principles of “the truth.” I was raised from infancy and taught these truths of being a Jehovah’s Witness and actually even to this day; still believe everything I was raised up to be. I regret to say I am not as involved as I once was, but that does not mean I feel I was raised inadequately without certain holidays or activities, as a bad thing. Being brought up without holidays, such as birthdays or Christmas, everyone always thought me, my sister and brother were missing out. I never had it though, so how can I miss it? We had a family that showed us a house full of love and we didn’t have to have a holiday to be given a gift or a sign of appreciation. Therefore, I completely understand where these kids are coming from and I do admire anyone, young or old, that can stand up for what they truly believe in.

"The law has always tried to protect young people from adults who might try to take advantage of them. Until individuals reach what is known as legal age, or the age of majority, they are not legally required to carry out most of their contracts..." Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 137

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html

Rule of Law

The Constitution may well elicit expressions of loyalty to it and to the government which it created, but it does not command such expressions or otherwise give any indication that compulsory expressions of loyalty play any such part in our scheme of government as to override the constitutional protection of freedom of speech and religion. And while such expressions of loyalty, when voluntarily given, may promote national unity, it is quite another matter to say that their compulsory expression by children in violation of their own and their parents' religious convictions can be regarded as playing so important a part in our national unity as to leave school boards free to exact it despite the constitutional guarantee of freedom of religion.

The very essence of the liberty which they guaranty is the freedom of the individual from compulsion as to what he shall think and what he shall say, at least where the compulsion is to bear false witness to his religion. The guaranties of civil liberty are but guaranties of freedom of the human mind and spirit and of reasonable freedom and opportunity to express them.

“There must be a means of administering the law to protect the rights of individuals of businesses and to curtail the activities of wrongdoers. In this country, courts and governmental agencies have been established to administer the law.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 8

"Protection of the rights and freedom of individuals and organizations is well established by the federal and state constitutions, by statutory law, and by common law."Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 111

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html

Thursday, June 11, 2009

Reasoning of the Court

The judges believed logic was that the judgment called upon this case should be affirmed. Their reasoning was that they and their father are citizens, and have not exhibited by any action or statement of opinion, any disloyalty to the Government of the United States. They are ready and willing to obey all its laws which do not conflict with what they sincerely believe to be the higher commandments of God. They believed it was not doubted that these convictions were religious, that they were genuine, or that the refusal to yield to the compulsion of the law is in good faith, and with all sincerity. It would be a denial of their faith, as well as the teachings of most religions, to say that children of their age could not have religious convictions.

They also came to agree that this may have violated their first amendment, which clearly indicates that we all have a right to freedom of speech as well as free exercise of religion. It also violates the fourteenth amendment and its liberty. In the cases just mentioned, the Court was of opinion that there were ways enough to secure the legitimate state end without infringing the asserted immunity, or that the inconvenience caused by the inability to secure that end satisfactorily through other means, did not outweigh freedom of speech or religion.

“The supreme court of the United States is the highest court in the federal system. It serves as the court of original jurisdiction for certain kinds of cases, such as those in which a state is one of the parties. The Supreme Court rules on the constitutionality of laws by hearing selected cases that test to those laws.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 9

"Court decisions are recorded in writing so that lawyers and judges can refer to them in preparing or hearing a case. These decisions are published in books called reporters, and many of these decisions are available online." Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 111


http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html

Thursday, June 4, 2009

In my opinion...

EOC-Week 9
The black market is a dirty place to get involved in on either side of the fence. On one side, you’ve got people who claim they can’t find work and absolutely need to hustle to feed their families, (which may or may not be true). And on the other side, you’ve got people who want to catch these thieves because not only are they laundering illegal items, but they’re now poisoning and filling the contents with random things such as lead, paint, and just plain water. Just even the thought that someone can get even sicker from just taking pain medication really disgusts me. It’s not right that people have the means and continue to do such things to people which eventually may even kill them.

However, with the whole selling purses and c.d.’s on the side of the street gig that these guys do to try to make money, I can’t really deny that pleasure. I can admit to being in NY and buying a few things for a good deal just like I’m sure a billion other people have. That part may not be legal and may have not gotten there in a ethical manner, but it doesn’t hurt anyone if you’re just buying a purse directly from a guy that wants to make some money. Everyone has to get there hustle on somehow and especially if they have kids to feed, they may have no other options. If people do have options, though, and they want to continue trafficking or laundering money just for kicks, I definitely find that inappropriate. The truth of the matter is, these things will continue to happen and I don’t think authorities will ever find the right way to shut them down. They may slow them down a little, but the truth stands that where there’s demand, there will be always be supply!

Decision of the Case

This Court cannot exercise censorship over the conviction of legislatures that a particular program or exercise will best promote in the minds of children who attend the common schools an attachment to the institutions of their country, nor overrule the local judgment against granting exemptions from observance of such a program.

CERTIORARI, 309 U.S. 645, to review the affirmance of a decree (24 F.Supp. 271; opinion, 21 F.Supp. 581) which perpetually enjoined the above-named School District, the members of its board of education, and its superintendent of public schools from continuing to enforce an order expelling from the public schools certain minors (suing in this case by their father as next friend), and from [p587] requiring them to salute the national flag as a condition to their right to attend. [p591]

Fourteenth Amendment: Section 1 states: All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

http://caselaw.lp.findlaw.com/data/constitution/amendment14/

“Although the drafters of the federal Constitution were men of vision, they could not, of course, foresee the changing needs of our country and its people in the years that were to follow. The constitution has been amended, or changed, 27 times, and it will probably continue to be amended.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 5

Issues of the Case

The issue at hand here with the Minersville School District v. Board of Education is that Lillian Gobitis, aged twelve, and her brother William, aged ten were expelled from the public schools of Minersville, Pennsylvania, for refusing to salute the national flag as part of a daily school exercise. It turns out the Gobitis family are affiliated with “Jehovah’s Witnesses,” for whom the Bible as the word of God is the supreme authority. These children were brought up to believe that this gesture for respecting the flag was disrespecting God and forbidden in the scripture as a command not to do so.

So far as the Federal Constitution is concerned, it is within the province of the legislatures and school authorities of the several States to adopt appropriate means to evoke and foster a sentiment of national unity among the children in the public schools.

“Defamation is the harming of a person’s reputation and good name by the communication of a false statement. For an act to be considered defamatory, it is necessary to show that the statement was made in such a way that others hear or read it.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 46

“Defamation also involves some suggestion of disgrace, and it tends to generate negative feelings about the person who suffers the defamation. The charge of defamation has been separated into two parts: libel and slander.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 46

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZO.html

Thursday, May 28, 2009

Supreme Court case update

I have started my research in the divorce case of Christie Brinkley and have found quite a few facts leading up to her settlement. It was very interesting finding all the different opinions and feelings on that particular case while looking it up because some side with Brinkley while others side with Cook (the cheating husband.) They say that Brinkley drove her husband to cheat on him and that they should take a long hard look at her love life in the past. She had been married 3 times prior, but in my opinion, that doesn’t justify any man to cheat on her. He should have divorced her if he really felt he needed to be with their assistant. It’s not like he had any other great proof of being a husband! In my research, they found that he had spent thousands of dollars on porn sites monthly. He obviously had a problem with infidelity to begin with, and I have to take Brinkley’s side as a caring, loving, innocent mother of 3. No matter what happened, she did not deserve to be blind sighted by her husband. They shared a bond and a promise between each other that should have never been broken. I’ve seen it too many times unfortunately where the wife gets the short end of the stick. She was sickened and devastated, as she should have been, being put in that position.

The alleged “mistress”, 18 year old assistant, who worked for the couple, claims that Cook tried really hard to keep their affair under wraps. So far as to even pay her off upwards of $300,000 to keep her mouth shut. Obviously that didn’t go over too well because she was in court telling all his business as soon as the word got out about the two of them. I’m excited to learn more about the case and the exact settlement which Brinkley rightly deserved.

Facts of the Supreme Court case

The facts of the Supreme Court case involving Minersville School District v. Board of Education reports that a state regulation requiring that pupils in the public schools, on pain of expulsion, participate in a daily ceremony of saluting the national flag whilst reciting in unison a pledge of allegiance to it "and to the Republic for which it stands; one Nation indivisible, with liberty and justice for all" … and consistent with the Fourteenth Amendment, as applied to children brought up in, and entertaining, a conscientious religious belief that such obeisance to the flag is forbidden by the Bible and that the Bible, as the Word of God, is the supreme authority.

It also states that the general law is not aimed at the promotion or restriction of religious beliefs. Religious convictions do not relieve the individual from obedience to otherwise validate this point.

“Both ethics and morals are concerned with standards of right and wrong. Ethics take a more philosophical approach, examining what is good or bad. Morals are concerned with behavior as judged by society. Ethical theories and moral standards are derived from values-that is, the beliefs or standards considered worthwhile. Clearly, all are, and have always been, important in the creation of an orderly society.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 19

“There are group values and individual values, both influenced by religions, traditions, and customs. An individual’s values are significantly influenced by those held by the group he or she belongs.” Anthony L. Luizzo, J.D., Ph.D. Published by McGraw-Hill, Essentials of Business Law, pg 19

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0310_0586_ZS.html

Thursday, May 21, 2009

Pacific Heights (1990)

EOC Week 7
The situation this couple found themselves in on Pacific Heights was a very sticky spot for them. Although it was very twisted what the tenant was trying to do in living on someone else’s property for free, the owner’s were also irresponsible in not taking consideration to begin with. They should have realized as property owner’s that to trust anyone’s word or outwardly appearances was just not enough evidence to support that person’s credit approval. I do believe the guy owner was a little byes’ in pretty much taking the guys word on paying his entire rent through a trusted bank account he supposedly had just by looking at the stacks of one hundred dollar bills in his wallet. Everyone needs to have a credit check no matter who you are and how much money you claim to have. That’s the only viable way to check out any possible renters as being responsible in paying their rent on time. Because he got mad and performed a “hostile act” toward his tenant, (by cutting off the electricity to try and get him out),the tenant now had justifiable cause to take the owners to court and eventually hold possession of the property without paying a dime! The renters then gave away their rights as property owners by a) not having the guy sign a lease of agreement stating exactly what was and was not allowed, and b) not taking any consideration (payment) to begin with stating that if the rest of the first and last month’s rent wasn’t paid at a given time, that person must leave the property. They could have then salvaged their own property and taken back control when the situation got worse. Also when calling the police about that worsened situation, they would have proof that what the tenant signed was binding and legal, and they could then hold that up in court if the situation had progressed to that level.

Instant Extra Credit

Three names I have been called: Lish, sport, Ish
Three jobs I have had in my life: Leasing Agent, Gym membership salesperson, and VIP Hostess/Cocktail Server
Three Places I have lived: Lincoln City, OR, Laguna Niguel, CA, and Las Vegas, NV
Three TV shows that I watch: American Idol, Celeb Reality shows, and UFC Fights
Three places I have been: Kona Island, HI, Jakarta, IN, and St. Barts in the Caribbean
People that e-mail regularly: Guess Jeans, MySpace friends, and The Art Institute of Las Vegas
Three of my favorite foods: Thai, Korean, and Indonesian
Three cars I have driven: Acura Integra, Honda Accord, and Toyota Scion TC
Three things I am looking forward to: Graduating with a bachelor of science from the Art Institute of Las Vegas, having a career as buyer for a huge department store, and starting a family.

Thursday, May 14, 2009

Greed is Good

EOC Week 6
Wall Street, America’s great export industry is a place full of greed and careless behavior. Its compensation system seems to originate on strong incentives, but also involves a lot of competition. I believe that employees should be compensated for their individual performance as well as playing a role as manager and/or team leader. But in the case of giving billions of dollars in bonuses to undeserved employees and redecorating an office for a million dollars, just isn’t ethical. There is definitely a problem there and something very sketchy going on with the system.
The speech that Michael Douglas gave on Greed is Good, was very heartfelt and at the same time kind of gut wrenching! It may be true that some people in this world live and breathe everything they do with greed, but it’s not a lifestyle or life motto to live by. At least in my case it’s not. I think it all depends on the person and the line of business that a person works in. I understand certain people, especially at Wall Street, have to act a certain way that maybe they don’t necessarily want to be. But because of the line of work they are in, they have no choice but to be greedy, snaky, money grubbers, with no soul. The me, me, me attitude is all they have to go by, and in these people’s cases, they either push people out of their way or they’ll get trampled on. Also, I do agree with the point that in general, being awarded for your successes, and penalized for failures, is a real to life statement. Growing up that’s all I knew, and I’ll teach my kids the same lessons. I will not reward them for bad behavior and at the same time, I will not punish the undeserved. That’s seemed to be the issue at Wall Street and it’s just a twisted and sick game that they’ll probably never stop playing.

Thursday, May 7, 2009

Drugs: To legalize or not

EOC-Week 5

This author has many credited thoughts on decriminalizing marijuana. It is definitely a fact that marijuana hasn’t caused anyone’s death or caused anyone to go insane or act violently toward someone. It’s the hard drugs that people end up hurting themselves or others with and those are the ones we are having the problems with. I found it a very interesting fact though that over 70% of Mexico’s drug trade was actually marijuana. America could supply their own marijuana in their own backyards, if they weren’t threatened to get locked up. This would really halt Mexico’s distribution process and therefore eliminate warfare in Mexico.
All the other options don’t really seem to make sense to me, for example, “bailing out” Mexico with billions of dollars including all traffickers. This will only heighten the violence eventually and start the same process back over again. Although it is a scary thought in legalizing all these drugs, the fact that in Portugal, people found and sought treatment after legalizing psychotropic drugs, really sounds reassuring. We have to somehow take a different step in stopping all these killings and bloodshed spread through Mexico. Gun control seems like too long of a process, because even if they did somehow restrict Mexico’s access to weapons, they would turn to other suppliers if they had to. Also their own supply that they currently have wouldn’t run out for a very long time. Regulating and taxing these drugs though, actually might work. If people have to pay more on these drugs, after legalizing them, it may turn some away or may even push them to get treatment, which would hopefully one day end the sad saga of drug-related deaths in America.

Thursday, April 30, 2009

Movie-Used Cars

EOC WEEK 4-Crimes and Torts

1. False advertisement- crime
2. Assault- tort and crime
3. Destruction of Personal Property-Tort
4. Breaking and Entering-Tort and Crime
5. Bribery-Crime
6. Perjury-Crime
7. Jaywalking-Crime
8. Underage Driving-Crime
9. Unlicensed Driving- crime
10. Fraud-Crime
11. No seatbelts-Crime
12. Wreck less Driving-Crime
13. No license plates-Crime
14. No insurance-Crime
15. Driving on the wrong side of the ride-Crime
16. Speeding-Crime
17. Stolen Property-Tort
18. Ignoring Construction Zone-Crime
19. Jury tampering-Crime
20. Sexual Assault -Crime
21. Smoking Illegal Drugs-Crime
22. Concealed Weaponry-Crime
23. Public Indecency-Crime
24. Insider trading-Tort and Crime
25. Trespassing-Tort
26. Fleeing a crime scene-Crime
27. Emissions-Crime and Tort
28. Hit and Run-Crime
29. Gambling-Crime
30. Attempted Murder-Crime

Chris Manning, Melody Meade, Kevin Lum

Thursday, April 23, 2009

EOC Week 3

Commenting on EA Designer...

In my personal opinion, what EA Designer has to say about the Justice System really rings true. The fact that there are certain laws in different states which are actually in effect is absolutely ridiculous. There are crazy, weird laws out there that just absolutely make no sense. For example, it is illegal to teach others what polygamy is in Mississippi. Wow, I mean really? All I can say is why not? You can be fined not less than twenty but no more than 500 dollars and be sentenced to up six months in jail. I do agree that laws are backwards and in certain situations, without the right licensing and right paperwork, cases can be thrown out. Being able to sue anyone for anything nowadays is fabulous. We all have rights and we also have the right to hire a spectacular lawyer with all the right credentials.

Commenting on Clinton Sound Incorp...

The truthful and in your face opinion about the law/justice system that you’re saying here really struck me. The health care system is a joke in America and it’s the saddest thing to see the effects because of it. The fact that Las Vegas not only does not have enough teachers here as it is, but also the ones that we have are getting laid off on top of that, is very upsetting. We need to fix our education system here in the Clark County system because as it is, I know we are not high up on the “extremely smart youth” group of kids in this city of sin. We should have no reason to be known as Generation stupid when there is just so much education available out there, but for some just no means to get to it. I completely agree with changing the youth of America to make it a better place for you and I.

Thursday, April 16, 2009

What I think of the law...

I believe the law provides justice and safety to the world. Our judicial system is made up of administration branches that function to govern us. For instance, if someone is being negligent, depending on the case by case basis, the law must decide whether one or more third parties will be held responsible. Also, the fact that we have workers’ compensation for work-related injuries and illnesses is a very important when dealing with jobs that have heavy machinery or construction workers because they have a very high risk of harming themselves. All punishments are suitable to the extremity of the crime. If you’re charged with murder, you may get the death penalty or end up a lifer in prison with maximum security.
Our society as well as any society in the world, needs some sort of law because without law, there will be chaos without order. There are unjustified wrongs done in the world everyday and those people that may think something is ok when it really isn’t. They really need to have the book thrown at them so they realize they can’t get away with anything and everything. Committing a crime whether it be treason, felony, or a misdemeanor all have considerable consequences and one can only hope that a person will learn from his/her mistakes. But then there are those who just can’t get enough of whatever it is that excites them and motivates them that they just keep going back to their old ways. I don’t feel bad for those people honestly because even if you have that addiction to steal, gamble, extort, and anything that has to do with breaking the law, there are ways to get help. It’s just a matter of whether or not you want to look for it and whether or not you want it bad enough.

What I think about lawyers...

I don’t personally know any lawyers although I know they can be very harsh at times. I think that if they’re defending someone that deserves every right given to them, it’s admirable. But it’s terrible when the defendant has committed a serious, heinous crime and is let off with a pat on the back because they have a seriously “kick-ass” lawyer. I guess it all depends on the situation. But basically all my opinions are based on what I see on T.V., honestly. And what I see is some very good lawyers who know the law from front to back and know how to talk up a good game who can win almost any case. Or on the opposite end, there’s the lawyer who people love to hate because they’re working for the bad guys or they’re on the wrong team according to the general audiences values and morals.
Lawyers are supposed to be there to defend our rights. Everyone has them and everyone deserves a chance at some point in life, right? But when it comes to seeing people that don’t even qualify to live among other human beings, doing the crime that may be punishable to death, get off and let back into society among us and among children, really sickens me to my stomach. There is no way in the world that I would be able to ever defend someone who didn’t deserve a second chance, no matter how much they paid me. People that commit these terrible crimes just don’t even merit a second look to repair in my opinion.