In your own words, explain the difference between real property, personal property, and intellectual property. Provide an example of each.
Then, consider this question regarding limitations on property use.
Many condominium associations have regulations against any holiday decorations, flags and decorative figures being placed on the property or outside structure of the home. Some even prohibit young children from residing in the units (adult living communities). Should this be permitted even though you are considered the legal owner of the unit? Why or why not?”
Constitution Law “Todd Patterson, a 33-year-old husband as well as father of an adopted daughter from Uganda, is a proud gun owner who has multiple handguns, shotguns, and two automatic weapons. In this case an automatic weapon is defined as a firearm that continuously fires so long as the user presses the trigger and there is ammunition in the gun.
Todd has no criminal record. When he was 17 years old, after losing both his parents in a plane crash, he had a mental breakdown resulting in a six-month institutionalization. Todd lives in the fictitious state of Varneyland where he works as a social studies teacher and soccer coach at a local high school.
On a sunny morning in the neighboring state, a man with a history of mental illness enters an elementary school and kills 3 teachers and 10 students with an automatic assault rifle. In response to this shooting, many states across the country, including Varneyland, pass legislation requiring the registration of all automatic weapons. As part of the registration process, those seeking to register their automatic weapons are required to submit to a mental health background check.
In filling out the application to register his automatic weapon, Todd reveals his prior institutionalization, but also states that he has not had any mental health issues since he was a teenager. When the state of Varneyland conducts Todd’s mental health background check, it uncovers that Todd had a diagnosis of major depression with suicidal tendencies. Todd’s mental health records also reveal a history of self-harm.
Based on the review of Todd’s mental health records, Varneyland denies Todd’s application to register his automatic weapons and sends Todd a letter demanding that he forfeit his automatic weapons or risk criminal and civil penalties. Because Todd refuses to hand over his automatic weapons, the state police arrest him and charge him with possession of an unregistered automatic weapon (a felony crime under Varneyland law).
At his criminal trial, Todd argues that the registration requirements and his subsequent arrest are violations of his Second Amendment rights.
Based on recent case law, do you think that Todd’s arguments possess any merit? Please be sure to specifically discuss recent case law and how it affects Todd’s case.”
Should the U.S. Supreme Court Be Reformed? “The U.S. Supreme Court is the highest court in our land. It is composed of 9 justices (judges). Justices are appointed by the President and confirmed by the U.S. Senate. The role of the court is to judge cases objectively and to not participate in partisan politics. The Constitution designed the Court to be a non-partisan, non-political institution. Once confirmed to the Court, justices serve for life and are not subject to re-election by the people.
That said, many fear the Court has become political and that Supreme Court justices make decisions based on their personal political views, perhaps consistent with the political views of the President who appointed them to the Court.
One of the 2020 presidential candidates (who has since dropped out of the race), proposed to change the Supreme Court by increasing the number of justices from 9 to 15. Under this proposal, 5 justices would be affiliated with the Democratic party, 5 justices would be affiliated with the Republican party, and the remaining 5 would be chosen jointly by the other justices. Please read this (Links to an external site.) (click on “”this””) news article evaluating the proposal.
Setting aside your views on the presidential race (which are not relevant to this discussion), please discuss the proposal. What are the advantages and disadvantages of the proposal? Do you agree with the proposal? Why or why not? Please post your reply and respond to ONE other students to earn full points.”
Legal Process Catry “Fundamental fairness is essential to due process in a court proceeding, it creates impartiality within all the parties involved in the process. Fundamental fairness is used a checklist, guaranteeing a balance between the government and the defendant(s). The Bill of Rights under the Fourth, Fifth, Sixth and Eighth Amendments of our Constitution guarantee fairness and due process in all criminal proceedings and also protects a defendant against practices and policies that might violate his/her rights. Fundamental Fairness is the foundation for due process in the judicial system; in the Constitution under the previously mentioned amendments, the government shall not take a person’s life, liberty, or property without due process of law.
What are the various components of due process in criminal procedure?
In the United Constitution due process is mentioned twice, the Fifth and the Fourteenth Amendments; Due Process is an imminent part of our Justice system when someone is denied “life, liberty and property” (Glicksman; Levy, 2010). Based on Judge Henry Friendly’s article “Some Kind of Hearing”, he created a list of ten rules that are required for due process; an unbiased tribunal, where there is no predisposition or preconceived opinion of the case or the defendant. Notice of the proposed action and the grounds asserted for it, all defendants are entitled to know what they are charged with and what the charges are based on. The opportunity to present reasons for the proposed action not to be taken, the defendant has the right to ask the court to suppress evidence and provide a valid reason as of why the court should not take the evidence into consideration in their case.