Wednesday, May 6, 2020

United States Court Of Appeals Essay - 981 Words

Mark J. Mcburney (Respondent) V. Nathaniel L Young, 569 US, 12–17. (2013) Argued February 20, 2013—Decided April 29, 2013 in United States Court of Appeals for the Fourth Circuit Facts: A former resident of Virginia is denied access to public information needed for filing a petition for child support. The Virginia Freedom of Information Act (â€Å"VFOIA†) reads, â€Å"all public records shall be open to inspection and copying by any citizen of the Commonwealth † Va.Code Ann.  § 2.2-3704(A). In question is the violation of, The Commerce Clause and the Privileges and Immunities Clause in the process. Article I’s, Commerce Clause gives Congress power to â€Å"regulate commerce †¦ among the several states (Szypszack, 2011, p. 13). The Privileges and Immunities Clause of Article IV guarantees uniformity of rights across the state borders (Harvard Law Review, 2013). McBurney was denied information needed to resolve a nine-month delay in child support. The Respondent, Mr. McBurney filed a complaint in the Eastern District of Virginia’s District Court (Cornell University Law School). The Eastern District of Virginia’s Dist rict Court ruled against McBurney. McBurney appealed to the Fourth Circuit Court of Appeals (Cornell University Law School) only to be affirmed The Supreme Court granted a writ of certiorari (Cornell University Law School)or review of the McBurney’s case. Issues: Did The State of Virginia violate the Privilege Immunities Clause or Commerce Clause when applying itsShow MoreRelatedOn Petition For Appeal To The United States Court Of Appeals1417 Words   |  6 Pages IN THE Supreme Court of United States ______________________________ Douglas WEBER, Warden of The South Dakota State Penitentiary; Dennis Kaemingk, Secretary Of The Department Of Corrections, Petitioners, V. NATIVE AMERICAN COUNCIL OF TRIBES; Blaine Brings Plenty; Clayton Sheldon Creek, Respondents. _______________________ On Petition For Appeal To The United States Court Of Appeals For The Eighth Circuits ____________ Law firm **** 1401 61 st., south, Gulfport, Fl. 33707 Native American CouncilRead MoreFederal Courts And The United States Court Of Appeals Essay976 Words   |  4 PagesTwo federal courts, the United States Tax Court and the United States Court of Appeals, reached opposing conclusions regarding a decision classifying a Mr. John Menard’s 1998 compensation as purely salary or as combination salary and disguised dividend. For clarification, a â€Å"disguised dividend† is compensation given to a CEO, controlling shareholder, or president of a closely held corporation that is determined in excess of a reasonable salary for work completed. 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The courts of the federal system today, are designed in a hierarchical manner, with the United States Supreme Court sitting as the highest court in the land, and as the court of last appeal (Neubauer Fradella, 2008). While there are several different courts, which make up the federal system, there are laid out in a way that allows for an avenue of appeals for a courts decisions

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