This website uses cookies to ensure you have the best experience. Learn more

Pa205: Introduction To Legal Analysis And Writing

1008 words - 5 pages

PA205: Introduction to Legal Analysis and Writing

Prof. Wendi Cline

Kaplan University

November 13, 2014

By,

Heather Leigh Bradley

1. The case study references one state statute. Identify it and explain what it

prohibits.

“The case study of State vs. Johnson references one specific state statue, 42.09(a)(3) of the Texas Penal Code, Desecration of a Venerated Object.
A person commits an offense if he/she intentionally or knowingly desecrates, a state or national flag. “Desecrate” means to deface, damage, destroy, vandalize and/or mistreat in a way that the actor knowingly will greatly offend one or more persons are like to observe or discover his/her action. ...view middle of the document...

List those three courts in order, beginning with the court that has

the most authority and ending with the court that has the least amount of

authority.
The final state court to see the case was the Texas Court of criminal Appeals, this s the highest state court. Then the second court it was seen in was the Texas Court of Appeals, Fifth District. The case was first seen in Dallas County Criminal Court.
5. Provide the citation for the United States Supreme Court’s decision in this

case.

The U.S. Supreme Court ruled in a 5-4 decision in favor of Johnson. The high court agreed that symbolic speech, no matter how offensive is protected under the First Amendment. The U.S. Supreme Court affirmed the decision of the Texas Court of Criminal Appeals (Texas v. Johnson Podcast, 2014).
6. What effect did the United States Supreme Court’s decision have on the Texas

statute?

“The First Amendment protections on symbolic speech prevent states from banning desecrations of the American flag“ (Texas v. Johnson 491 U.S. 397 (1989), 2014). The Court also held that the Government and the States couldn’t prohibit the expression of ones idea or thoughts just because society finds it offensive or disagreeable (Texas v. Johnson, 2011)
The U.S. Supreme Court’s decision Congress did pass a statue, the 1989 Flag Protection Act that made it a federal crime to desecrate the flag. Then again that law was struck down again in the case of United States v. Eichmann, 496 U.S. 310 (1990) by the same majority of justice, as they did in the case Texas v. Johnson. The states goal was to prevent breaches of peace, not just breaches associated with flag desecration. The court ruled that the Texas statue was inconsistent with the First Amendment of the US Constitution, and the Court struck down the statue in Texas (Texas v. Johnson, 2014). The Statue was considered to be unconstitutional and removed from Texas Statue.
The difference between case law and state statue, is that a...

Other Papers Like Pa205: Introduction To Legal Analysis And Writing

Introduction to Health Services and Informaton System

1215 words - 5 pages Introduction to Health Services and Information Systems Barnabas Health is a nonprofit nonsectarian hospital own by john F. Bonamo, MD, MS President and CEO. It’s New Jersey’s largest integrated health care delivery system. It includes Clara Maass Medical Center in Belleville; Community Medical Center in Toms River; Kimball Medical Center in Lakewood; Monmouth Medical Center in Long Branch; Newark Beth Israel Medical Center in

Introduction to English and American Literature

2051 words - 9 pages Introduction to English and American Literature 1. What is literature Hermeneutics: The art of interpretation Hermeneutic Circle: 1. phase: presupposition 2. phase: reading the text, correcting/ adjusting own experience and thoughts 3. phase: new knowledge widens own horizon Ontological Terms: 1. Literature is high regarded writing BUT: the canon is not stable and changes through time 2. Literature is non-pragmatic BUT: Goethe: “Die Leiden

Introduction to Marketing and E Business

2368 words - 10 pages Unit 29 Introduction to the internet and e-business P3 + M2 What are the trends in the use of e-business? There are a lot of strong trends that are related to the world of business and the internet. More and more businesses and users are logging on every day and this changes how businesses approach certain objectives and aims. According to a survey that was carried out in 2006 about e-business trends in manufacturing by SVM showed us

Introduction to Computer and Network Hardware:

1501 words - 7 pages Best Device for Your Needs Introduction to Computer and Network Hardware: ITCO103 - 1401A – 01 IP 1 Best Device for Your Needs Many people are updating their smartphones, laptops and desktops. There are so many options to choose from brand, size and performance. This paper will discuss and compare some of today’s best bargain laptops and computers

The Legal System and Adr Analysis

796 words - 4 pages The Legal System and ADR Analysis LAW 531 October 1, 2013 The Legal System and ADR Analysis There are various phases of the legal system that a business dispute must undergo before the dispute, or complaint, is resolved. These stages are commonly referred to as pretrial litigations, in which parties typically prefer to settle disputes within these pretrial stages to avoid costly legal fees. “The use of the court system to resolve

The Legal System and Adr Analysis

731 words - 3 pages The Legal System and ADR Analysis Debra Doe-Gonzalez LAW 531 October 6, 2014 David Weischadle, II The Legal System and ADR Analysis The two major court systems in the United States are the federal and state court systems. They are each set up review different types of lawsuits (Cheeseman, 2013). This memo will review the levels of the state court system as well as the various methods of alternative dispute resolution. The case of AMF

Legal System Identification, Comparison, and Analysis

942 words - 4 pages Legal System Identification, Comparison, and Analysis Legal System Identification, Comparison, and Analysis Processes for filing a civil law suit should take into consideration all items that will be of importance during the case. Should a lawsuit be filed against Mr. Jones, the law firm must first file a complaint or petition within the state in general jurisdiction trial court, where the property in question is located. The complaint

New Jim Crow Introduction and Chapter 2 Analysis

595 words - 3 pages Name: Instructors name: Course: Date: The Lockdown Analysis and Summary In the introduction, the author Alexander Michelle begins with Jarvious Cottons story, a man of African American decent who was on parole from violation of drugs and thus not able to perform his voting rights. Mr Cotton however, is not the only one or the first ever in his family to be denied democratic participation. His grandfather was also intimidated by the

Introduction to Philosophy: Beliefs and Truth for a Person

589 words - 3 pages I. Introduction A. The study of philosophy is the pursuit of wisdom and the love for wisdom. B. Might be achieved through the things written below. C. Beliefs one person has can influence beliefs of many through words- philosophy breaches greater understanding of unknown. II. Truth A. What a person has always known. In childhood is when our personal truths take place. Some people think truth is only what they see/slash know. Some-take word

Roles of Comparative Law to Legal Interpretation and Application

5252 words - 22 pages II.2.2 Role of Comparative Law to legal interpretation and application of Law as the result of the transplants of foreign law 13 II.3 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 15 II.3.1 Introduction 15 II.3.2 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic

Legal and Ethical Issues Relating to Business Information

2215 words - 9 pages Legal and Ethical Issues Relating to Business Information Introduction I this task I’m going to explain the legal and ethical issues in relation to the use of businesses information and also I’m going to explain operational issues as well in the last park of the task i going to analyse the legal ethical and operational issues using appropriate examples . Most people do not feel safe in putting or giving their personal details on

Related Essays

Introduction To Job Analysis

1364 words - 6 pages differentiation). | |The end-use and scope of the analysis will indicate what focus (work-oriented or worker-oriented) and form(s) the analysis should take. For | |example, a work analysis for legal, effective and practical staffing might focus on (1) the work—job functions (broadest focus) or duties or| |tasks (narrowest focus) or (2) the worker—behaviors from which to derive the qualifications required for successful job

Introduction To Financial Ratios And Financial Statement Analysis

967 words - 4 pages 9-193-029 REV: SEPTEMBER 13, 2004 WILLIAM BRUNS Introduction to Financial Ratios and Financial Statement Analysis There is almost always a reason why someone picks up an organization’s financial statements and begins to analyze them. Lenders or creditors may be interested in determining whether they will be repaid money they have lent or may lend to the organization. Investors may be interested in comparing a potential investment in

The Corporation/Introduction To Financial Statement Analysis

4000 words - 16 pages corporation is a legally defined artificial being with legal powers such as the ability to enter into contracts, acquire assets and incur obligations amongst others. I believe that corporations are one of the most recognizable business structures today as their span is wide spread and various corporations are in the news at any given point in time. Essentially they have a separate identity from the owners of the company and there may be many owners who

Bus101 Introduction To Marketing And Communications

1993 words - 8 pages BUS101 Introduction to marketing and Communications (MID-TERM ASSIGNMENT) General Instructions Your first formal assessment is an opportunity for you to demonstrate your understanding of the material from the marketing management part of the module (up to and including communication). The task requires you to address a short fictional case. In addressing the assignment topic you must draw explicitly on the chapters and articles noted on