Escolar Documentos
Profissional Documentos
Cultura Documentos
My name is Debra Jo Gagne. I am from South Dakota. I have a bachelor degree of arts in
business. I had neck surgery 14 weeks ago, and my gallbladder removed yesterday, I
finally feel great. I have a 27 year old daughter, in the army reserves, a 19 year old son in
the navy, he is a two thirds of the way done learning how to be a nuclear engineer. My
youngest is 13 years old, whose creative ideas are going to make him rich someday. I
have one grandson that turned 11 in July he is one of the reasons that I am choosing legal
studies. I don’t believe children should be used as pawns in the disagreements that their
parents have.
I am hoping this class will bring new thinking challenges. I had started my masters in
business and felt that my learning had become stagnant. I hope to take the information I
learn in this class to help people with their legal problems and challenges.
My past knowledge in legal issues would be my business law class and personal
experience. My personal experience stem from being a property manager. I have learned
the ins and out of lease agreements, eviction notices, small claims court. I have also sat
on a jury, in a traffic accident case. I have also been evolved in a wrongful death case just
to name a few.
My goals are to complete my master degree and become gainfully employed, after my
rehabilitation. Attending class during my rehab is keeping my mind busy, which I believe
is keeping me stay in a positive healing attitude.
I am excited to learn about the inner workings of the legal system. I am hoping to learn
about non custodial parental rights, not necessarily in this class, but within my masters
degree.
If anyone is interested in becoming facebook friends, I am willing.
Discussion I unit 1
yes the government is no longer protecting the rights of our people so it should be
abolished. i am being somewhat sarcastic, but we are borrowing money from china to fix
up airports that have not been used for six years. yes it is a good idea to get people
working, instead of handing out food stamps, but the money could have gone to more
constructive places such as low income housing of schools, instead of remolding unused
airports. i know someone working in one of these airports and they are throwing away
toilets that were put in last year. so are we being taxed fairly now?
We need to get the people involved in the decision making. Get rid of the democrats
working against the republicans and vise versa. We have to have someone that will stand
up and say “don’t throw the one year old toilet away�. we need to educate the
people. The people need to know that the health care bill they are wasting their time on
debating has a plan to put us in prison if we don’t have insurance. Why are we
wasting time and money debating a bill that will never pass. Are you going to vote yes on
something that will but you in prison? People need to get involved instead of just
existing. Make life happen not just happen to live.
i know more people that don't vote, then those that do. i am always on the go vote
platform. i take people to get registered and i take them to the poles. we have to get
people to care. maybe if we gave the twenty bucks extra in their tax return.
Unit 1 #2
The constitution for the island should be the authority foundation for legal
authority’s. when preparing the constitution for the island, we will be working
proactively. Setting up guidelines and rules before bad influences set in. unlike the
constitution of America that was developed to get away from the rule of England.
What governing structure should be considered. Do they need legislature, strong head of
government, research government organizations.
We need to protect the rights of the people that currently reside on the island of Tagg. Set
up guide lines so the government does not take over the leadership of the island. We want
to make sure the people stay in control, a natural law. We need to set up laws pertaining
to the people that will becoming to the as part of the work force. I think the leadership
should be elected and that voting be mandatory. Up to the point that you get into the
booth. If you chose not to vote once your are there, you don’t have too. I think voting
is very important, just like have a college degree. I never understood the power that
knowledge had until I started learning. Now I don’t want to stop, and I want to share
the knowledge of learning to who ever will listen.
Not mineThe constitution for the island should be the authority foundation for legal
authority’s. when preparing the constitution for the island, we will be working
proactively. Setting up guidelines and rules before bad influences set in. unlike the
constitution of America that was developed to get away from the rule of England.
What governing structure should be considered. Do they need legislature, strong head of
government, research government organizations.
We need to protect the rights of the people that currently reside on the island of Tagg. Set
up guide lines so the government does not take over the leadership of the island. We want
to make sure the people stay in control, a natural law. We need to set up laws pertaining
to the people that will becoming to the as part of the work force. I think the leadership
should be elected and that voting be mandatory. Up to the point that you get into the
booth. If you chose not to vote once your are there, you don’t have too. I think voting
is very important, just like have a college degree. I never understood the power that
knowledge had until I started learning. Now I don’t want to stop, and I want to share
the knowledge of learning to who ever will listen.Not mine Question 1
Constitution makes a country a country. Without the binding of the Constitution, States
act on their own, the united country does not exist.
Constitution balances and regulates the three federal branches in preventing any one or
two federal branches predominate the other branch.
For the island people, a Constitution to balance three branches of the government and
ensure the equality and freedom of its people are important issues needing to be
addressed.
For question 2
A structure similar to the United States, including legislative, executive and justice is
preferred. The separation of powers among the government branches may ensure the
people's rights.
A strong head of government is necessary, but not predominating the other government
branches. So strong head of government with balanced and supervised power is preferred.
Unit
2 #1
1. What is the common thread that appears in both the Magna Carta and the
Mayflower Compact? What were the framers of both documents actually seeking?
The common thread between the two is that they both wanted freedom to own and
sell p They would be the people who wrote both documents. The common people
under the rule of the king and the pilgrims that were crammed into the mayflower
that wanted God to be a big influence in their lives. To me it is very ironic that
there has to be so many laws that defend and support the ten commandments
roperty. The both wanted fair justice for everyone.
This Social contract is becoming very interesting to me. The similarities to the t.v.
show “Lost� and the Island of Tagg is intriguing. A social contract explains
how people live within a social order. On the t.v. show the natural order brought the
doctor to be the leader, for awhile. Then when circumstances changed and the group
separated there became other leaders. I don’t remember their names, because the
show has been off the air for awhile. There was never a written agreement between
the people on the show or on the Island of Tagg, but both had a leader that people
went to for guidance. Both are going into unexplored territories, just like the pilgrims
did. Hobbes, Locke, and Rousseau set the path of guidance for the writing of the
Magna Carta and the Mayflower Charter. I think the integration of social contract
would happen with the electing the leaders of the island. Since the people of the
island have already had a chief or leader, it would be easy to ask the people if they
want to keep that person as their leader.
On another note I wonder if it is a coincidence that the people on the t.v. show use the
name John Locke and Rousseau or if the writers of the show are former law studies
students
Unit 2 #2
The two documents evolved in a very different fashion in a very different time. How
did those differences play a role in the documents and how the documents are to be
interpreted and applied today? The Magna Carta was the first and was more in depth.
It was a document to get their freedom from the King and to own their own property.
The Mayflower Compact was written to prevent these actions form starting. Were the
peers of the Magna Carta the same as the individuals at Plymouth? The peers were
the same in that they wanted their freedom from kingdom rule. They were different in
that the Magna Carta was trying to get away from kingdom rule. The Mayflower
Compact wanted to stay away from non majority rule.
the nature of man kind is stated in our reading that we as humans help others
expecting to receive help back. i have been contemplating this and was going to
disagree, because i am a helper. anyone needs anything i will do my best to get it
done for them. and i don't expect anything back. but in recent times i have had to ask
for help, all though i did not receive help from the people i helped, i did receive help
for others. so that would be the big picture i guess.
then going into the Island of Tagg and comparing it to the town that i live in is giving
me another view. (my town has 30,000 people a little bit smaller then the island but it
is a great reference in my head for comparing and visualizing) currently we are losing
business like crazy, 15 business in a 3 month period of time. and that is just the big
ones that we hear about. the small ones i don't know. Back to my point, what is going
to happen when the oil dries up? will everyone including the natives leave? should we
plan for that in our constitution?
* Can you find concepts in both documents that formed an underlying basis of the
Declaration of Independence and the Constitution? They wanted to have their
freedom and to keep their freedom. They wanted the right to own and sell their own
Property. They wanted fairness in prosecution.
when addressing the foreseeable future for the islands residence best interest. Since
the island is relatively small, the possibility of the outsiders becoming a significant
part of the population, along with their own influences will be integrated among the
natives. certain restrictions should be applied. Such as becoming a citizen, for a
specific amount of time,or even allowing only natural born residence be the only
elected official.*
unit 3 1 I think Hamilton's is trying to state to the people that the fate of the safety,
welfare and freedom of the new country are at the hands of the people in it. It is time
for the people to show if they can live independently or if they need to be under the
rule of a leader.
3 2 it means we should not blindly trust those that lead us, because they might have
an alternative motive.
i think they could have been kept in check by educating everyone that was eligible to
vote. encouraging them to vote. I know this would be hard to do in those days. the
lack of easy communications, and the fear they must of had from trying to get away
from the kings rule.
Even with the printing in the news paper the language is difficult to understand. to
many doors open to interpretation.
I think Hamilton would side on the side of civil liberties. Our country was attacked
from the outside source. We should not be punishing everyone on the inside.
To get a drivers license you have to have three forms of I.D. and a note from your
neighbor but yet on Christmas Eve a bomb got through security.
I have seen it as bad as you can't give the neighborhood kid 12 a check, for mowing
the lawn. Every where you go they don't except checks. It is all debt cards. Yes I
know this helps the store with protection from loss, but I think it is the government
having more control of watching what we do, just like now we can only have digital
TV. why?
I have heard of the police use excess force to gain entrance to a home and used the
patriot act for an excuse. I don’t remember dates or names, but the man was found
innocent and he was born and raised in America.
For those of us that where happy with analog why can't those station still broadcast,
because the government won't have control. I have a whole theory on the internet and
the government but I won’t go into that know.
I think the patriot act was a huge backward step in our countries history. I believe
Hamilton would agree.
Reign
Cynthia, you hit that nail on the head. Unfortunately we have to check on our leaders.
For so long our elected leaders were just given free reign, then one was caught and
now we hear about bad leaders getting caught for everything, from selling positions to
tickling subordinates. Elated.
B? I feel they wanted to keep the checks and balances. It the states have some
control the government will not get to big and powerful, which has happened anyway
because the people have failed to educate themselves and trust that the leaders are
looking out for us and not themselves. The Nebraska governor held out for his state to
get millions of dollars for his state before he would vote yes on the health care bill. I
wish my state would have held out for money
2 What was the reason why the Founding Fathers were careful to reserve rights for
the States rather than simply creating an overarching federal system that governed
everything? You may need to go to the library for this question. The founding
fathers did not want the government to have too much control or become too big.
Leaving some decisions to the states created this balances and checks.
3 Why did the Founding Fathers emphasize the preservation of Life, Liberty, and
Property in the Constitution? They emphasized this because they did not want the
government or the state to be able to take property away from its owner, without
fair compensation.
Executive branch The approach of checks and balances were created to not let one
branch become stronger than the other. I think it has with stood time because it is able
to adapt to changes and fairness. Originally it was thought that the president was free
from any prosecution. It is now adapted to the president is free from prosecution up
until he becomes president and they cannot be free from judicial review.
Not mine. If the President breaks the law he should be held accountable. Minor traffic
no but major yes. But the indiscretion should be some legimate law and not a personal
matter between him and his wife.
The king sat himself above the law, and this is not right all mankind no matter the
position should not be above the law.
(my opinion) We need to look like we are one mighty force. Which I think the world
is now tired of us cramming that down their throats.
(my answer)The authority of the president over international affairs has evolved from
implied powers even though there is not any explicit context in the constitution. I
think that he has been given these powers so far, because we, as voters have not
disagreed with their action. I do however that might come up to a challenge. When
bush declared war because of the fear of weapons of mass destruction, and none were
found. I think that if a case would arise again, we the people would take a stronger
stand against it.
55 my new engagement is looking for the ability to see talents in other and allowing
them to use it. i use to be a person that just in and got it done and if there were any
small details that of not much importance would leave them dangling. now that i
allows others to use there abilities i am able to tuck in what i use leave dangle.
i am very organized, but u would not be able to tell by looking. but i always know
right where it is, unless i have that fabulous memory loss thing that i love so much.
Lol
6 1 i think the video is correct it points the several easy steps it takes to pass a bill. it
does exaggerate and dramatize the length on how long it takes to pass a bill. the video
left out the manipulation the law makers use to get a bill passed. such as the health
bill that was at debate before Christmas. Nebraska's senator (i think i got it right this
time, lol it was not the governor) held out his vote until it was agreed upon that a
certain amount of money for medicaid and other things that they wanted. so in other
words the country bought their vote. then there are other bills that attach them-self to
another bill to get passed.
so the initial idea of the dual checks and balances is great, it is just the way people
that have learned to manipulate it to their own benefit is wrong.
6 2 part 2 i agree with that statement that their are to many laws in this country.
getting back to doing the right thing. (i don't want to get in to a religious debate), but
how may laws do we need to have to enforce the ten commandments. example the big
development companies know that they are kicking families out of their lifetime
homes, when the use the eminent domain (hope that is the right word) to take over
property. but all that matters to them is the money. that is not the right thing to do.
The role of the India president has executive powers that come from the Council of
Ministers. He is also the commander in chief of the Indian Armed Forces.
The role of the Mexican president is that he can veto laws, nominate Supreme Court
Justices, declare war and peace, has power over army, navy, and airforce, he can also
appoint the Secretary of State and all members of the Mexican Executive Cabinet.
All three presidents are Head of State and they all must be 35 years of age to run for
president
Question 2
Two similarities between the U.S. government and the Mexican government is they both
have executive , legislative and judical branches with them too having the president as
the higher power. I didn't realize that some countries have similarites in the 3 branches of
government like U.S. This is definately something new I learned.
Question 1
Two similarities I see in the U.S. government and the Indain government is that they
both have a Constitution and they are both operated by a legislative , executive and a
judicail branch and both countries president is the higher power. NOT MINE
6 WA 3. The Constitution continually makes rules and follows them with options
to change them. The commerce mentioned in the constitutions is definite, but also
very vague. The framers of the constitution pretty much left it up to the states to make
the individual rules. I don’t think the framers and the forethought that we would
be exchanging properties over the air ways of the internet, but they did leave a path
for us to follow in our expansion of the new world.
NOT MINE Question 1: Commerce is important because it was believed that the fact
that its interpretation has played a significant role in shaping the concepts of
federalism and the permissible uses of national power throughout our history.
Question 2: The concerns about commerce of the Founding Fathers in drafting the
Constitution were to deal with foreign trade and to help define the balance of power.
Yes they could have been responding to events that were happening during the time
of the Revolutionary War such as the when all trade was cut off with American
colonies during this war.
MINE 3. The Constitution continually makes rules and follows them with options to
change them. The commerce mentioned in the constitutions is definite, but also very
vague. The framers of the constitution pretty much left it up to the states to make the
individual rules. I don’t think the framers and the forethought that we would be
exchanging properties over the air ways of the internet, but they did leave a path for
us to follow in our expansion of the new world.
7 1 there is to many ways tht need to be addressed to protect the citizens to be able
to name them all in one document such as the Constitution. there is also the ever
changing and evolution of civilization. the writers of the constitution could not
predict all the inventions that have come over the last 200 years and how they could
harm people and their surroundings.
8 1 i think he is saying that laws evolve with time. much like children imitate their
parents or their peers that they are hanging around with. i once asked a therapist why i
always attract bad men. she said "if a good man seen you with the bad men, (people)
they will run away. laws have evolved because good people stick together and
alienate themselves from bad people. the good people gather together and protect
themselves from the bad people. if the bad person wanted to get back in with the good
people he would have to show a sign of goodwill, such as a item or services. this is
what turned into the legal system
8 #2 yes and no i believe that in revewing an old case will back winning the new
cases easier, but if the new case is out of the realm of the old, this case might loose if
there is not an old case just like this case.
there is now place like this place, anywhere near this place, so this must be the place.
Shani’s QUESTION 2:
Common law is "that which derives its force and authority from the universal consent
and immemorial practice of the people." The system of jurisprudence that originated
in England, and which was later adopted here, is based on precedent instead of
statutory laws. I think it can be effective in resolving disputes among private citizens
because the law is the law and a dispute arises from the result of the actions against
another that entail aspects of a law pertaining to the situation at hand. If there is a
precedent for the resolution of a similar argument, why wouldn't it be useful in
making a decision in any case?
8 tort i don't think there should be a capp, with the changing of time, in 100 years a
million dollars might be what our great grandchildren will be getting for a weekly
allowance.
Shani’s Question 2:
I think it is important to understand where the roots of the laws came from to
understand how they evolved and forsee a possibility of where they may be headed. It
is important to know the impact the laws have had on society and what that means in
litigation. The knowledge always has relevance because history repeats itself and it is
necessary to know where the beginnings stemmed from and what ideals they were set
to uphold.
Question 3:
Tort reform isn't one single idea or law. Instead, it's a group of ideas and laws
designed to change the way our civil justice system works. While each tort reform
law is different, they all are designed to either limit the circumstances under which
injured people may sue, limit how much money juries may award to injured people,
or both. Many people refer to it as tort "reform" because they don't believe that the
proposed laws will actually reform the system. Others call it tort "deform" for the
same reason.
The single biggest goal of tort reform is to put limits on the amount of non economic
and punitive damages that juries may award. I don't see the benefit in that, especially
if the notion of care is self evident. Who can really say what the price of a human life
is or injuries to someone that later the way they live their life? If you cap the amount
of damages, it send a message to people that those prices aren't worth the "care" any
more.
Mine 3 #3 the tort reform as i understand it is trying to put a cap on the amount that
one would be held responsible. i think the would have a negative effect on the notion
of care. the notion of care is how much we care for the possible injury in our property
or product.
if there is a cap on how much we could pay for an incident would make some of think
that fine is not worth as much as it would be to not fix the problem, that could lead to
the possible tort.
9 1 Article I, section 10, clause 1 of the Constitution provides that “No State shall …
pass any Law impairing the Obligation of Contracts.” On its face an absolute
limitation on state power, the meaning of this clause has varied greatly in Supreme
Court interpretation. In the early years of the nation, the Contracts Clause dominated
the Supreme Court's case docket, and the Court's interpretations constrained state
action, especially actions seeking to redistribute wealth. Now-a-days the state
legislative judgment is in economic matters.
SHANI From what I have read, I actually think the decline of the Contracts Clause is
frequently associated with Home Building & Loan Association v. Blaisdell (1934). In
Blaisdell, the Court upheld a Minnesota statute that extended the period of
redemption for mortgage default. The Court's justification was entirely pragmatic. In
the face of economic emergency, and given the temporary nature of the mortgage
relief provided by the statute, the Court construed the clause “in light of our whole
experience and not merely in view of what was said a hundred years ago...Public
needs,” said the Court, required that the “reservation of the reasonable exercise of the
protective power of the State be read into all contracts”. From what I understand, the
Court tried to check the decline of the clause in a series of cases following the
Blaisdell case, finding no pervasive emergency. The widening conceptions of "police
power", however, eventually transformed the absolute prohibition of the clause into a
matter to be balanced with reasonable judgment.
2 i believe that due process should is something every country and every person
should try and use. even if your grounding a child for something they did wrong, they
need to know why it is wrong. my son wrote a note that was supposedly from his
teacher. he thought since he had made up the name that was signed on the paper that
he did not commit forgery. although forgery might not be the correct word to use,
trying to present that slip for something that really was not was still wrong. learning
what is right and what is wrong is very important to him at his age, even more so for
some of us that are older, because with all the new technology that is coming out, it is
going to become more easily optional for everyone to do things that are just not right.
for instance when free music downloading started i was a fan. i am not one that is
going to pay for a record or cd . i will wait for it on the radio. i have bought maybe
bought 4 in my entire life.
but knowing the other side that the people making the music need to make money. i
will not let anyone download free music on anything that i own.
The most obvious requirement of the Due Process Clause if that states afford certain
procedures ("due process") before depriving individuals of certain interests ("life,
liberty, or property"). Although it is probably the case that the framers used the
phrase "life, liberty, or property" to be a shorthand for important interests, the
Supreme Court has adopted a more literal interpretation and requires individuals to
show that the interest in question is either their life, their liberty, or their property--if
the interest doesn't fall into one of those three boxes, no matter how important it is, it
doesn't qualify for constitutional protection.