To first understand why she would be label under this mental state, the term of negligence must be defined. Negligence is the “state of mind that accompanies an injury or harm proximately caused by breach of s
We suggest that the Court's real lodestar here may not be federalism, but separation of powers. That is, perhaps the Court is not as interested in protecting states as it is (a) in centralizing the enforcement of federal law in the executive branch and (b) in pressing Congress to make...
They may be protected under the common law and the Lanham Act even when a trademark is not registered. In order to qualify for patent protection, the mark must be distinctive. Before registering a trademark, you should conduct a search of federal and state databases to make sure a similar ...
Juvenile Court cases deal with youthful offenders under the age of eighteen. The system is primarily governed by each individual state (as well as the District of Columbia), unless the state receives federal funds that impose certain restrictions. Originally, the youth justice system was ...
State Street Bank & Trust v. Signature Financial Group In 1996, the USPTO wrote "Final Computer Related Examination Guidelines." However, those guidelines were far from final. The guidelines are constantly changing as the result of cases in the Supreme Court and the Federal Court of Appeals. Gu...
Racketeering can be prosecuted at the state or federal level. Federal crimes of racketeering include bribery, gambling offenses, money laundering, obstructing justice or a criminal investigation, and murder for hire. At the state level, racketeering includes crimes such as murder, kidnapping, gamblin...
A law reporter is a publication that contains the text of all decisions made by state and federal courts. Purpose of Court Opinions There are three reasons why an opinion of the court is considered to be extremely important. These opinions can: (1) establish precedent, (2) provide guidance ...
Plaintiff, Elian Gonzalez, a six year old minor, through his “next of friend”, Lazaro Gonzalez, filed an asylum application with the INS (Immigration & Naturalization Service), which was denied. The plaintiff’s then filed a claim in the federal district court which stated the Plaintiff...
United States. In fact, it is comprised of many individual systems, such as city, state, and federal to name a few, that work in conjunction with each other to determine jurisdiction. Moreover, where the crime occurred will determine if the crime will be charged on a state or federal ...
Learn about the Supremacy Clause. Understand what the Supremacy Clause is, identify the primary purpose of the Supremacy Clause, and see real court...