Premium Essay

Interpreting Laws and Court Decisions

In: Other Topics

Submitted By ireland7ny
Words 932
Pages 4
Interpreting Laws and Court Decisions

Interpreting labor and employment laws, as well as court decisions, can be a tedious task at best. The laws set in place are constantly changing and use language that is not easily deciphered by the average working American. The United States Labor laws cover the binding legal connection between the employers, their employees and the employee labor unions. Within the borders of the United States; it is generally know that employers and labor unions do not see eye to eye on most issues regarding labor and employment laws. Labor laws can address one of three different situations:
“A union attempts to organize the employees of an employer and to get the employer to recognize it as the employees’ bargaining representative; (2) a union seeks to negotiate a collective bargaining agreement with an employer; or (3) a union and employer disagree on the interpretation and application of an existing contract between the two. Within these three situations, specific rules have been created to deal with rights of employees and employers.” (Labor Law, 2005)
The third situation is often seen more times than not; thus creating an everlasting rift between the two parties. In the case study 1-1 of our text, Reinstatement and Back Pay Remedy for Illegal Discharge, it seemed like a common sense; open and shut scenario. My initial thoughts without any research had me thinking there was no way an employer would need to reinstate an unlawfully terminated employee, since the person in question is an illegal alien. Recent events in the United States Court of Appeals for the Second Circuit showed that my thoughts were way off base and wrong. The Second Circuit Court of Appeals decided on a case, Palma v NLRB, on July 10, 2013 that an employer could be required to reinstate illegal aliens previously terminated in violation of the NRLA; or…...

Similar Documents

Premium Essay

Courts and Law

...Discuss the development of the court system; Special Federal Courts, Federal District Courts, Federal Courts of Appeal, United States Supreme Courts, State Courts, Inferior Courts, Courts of Original General Jurisdiction, and Appellate Courts. Explain when each court system was developed, why it was developed, and what each specified section of the court system does. Analysis: Our legal system was installed by the European colonists when they settled in this country. Our legal system based off that of England, France and Spain and ended up closely mimicking that of the England because, the first 13 colonies were primarily English. In the United states we have two main kinds of courts with sub courts within them. We have the Federal Court System and we have the State Court System. The Federal Court System is made up of four different courts; the Special Federal Courts, Federal District Courts, Federal Courts of Appeals and the United States Supreme Court. The Special Federal Courts are limited in its jurisdiction or specialty. Examples of this type of court would be Bankruptcy Court and US Tax Court. Bankruptcy Courts are only concerned with the administration of bankruptcy hearings and US Tax Courts are only concerned hearings involving deficiencies or overpayments in income, estate, and gift taxes. The Federal District Courts have a much broader spectrum, there is at least one district court in each state. In the Federal District Courts they try......

Words: 679 - Pages: 3

Premium Essay


...been attending court everyday for different reasons. Those reasons can be for traffic violations, civil law suits, or unlawful criminal acts that are committed. These acts are all handled and disputed in a court of law. The courts are empowered to make fair and blending decisions upon the facts that are provided through out the court hearings. As we know there are two types of courts such as civil court and criminal court and it is very important that we understand the differences between the two. The civil courts handle resolutions between private parties that usually consist of one party suing one another for some type of monetary damages. The criminal courts alleged offenders that are suspected for crimes that they committed and which at times they end in freedom for the offender or and prison cell. The court system is judicial brunch of government which the defendants go before a judge and their peers and to defend their innocence of a crime that they committed. The major role of the court is to settle people’s disputes in a civilized manner. Our court system is divided into four major components which are to uphold the law, protect individuals, resolve disputes, and reinforce social norms. The Untied States court system is run by a dual court system. There are two types of systems that make up the dual court systems and they are the Federal and State. The dual court system refers to the fact that the US has a federal court system and forty separate state court......

Words: 748 - Pages: 3

Premium Essay

Law 531: Typical State Court System

...Subject: Typical State Court System (Prazen vs Shoop) A typical state court system is designed to hear and rule various legal disputes and consists of limited-jurisdiction trial court, general-jurisdiction trial court, intermediate appellate court, and a supreme court. Limited-jurisdiction trial court also referenced as inferior trial courts preside over small claims courts, municipal courts, and justice of the peace courts. General-jurisdiction trial court or courts of record require that all evidence and testimonies are recorded and saved for future review. Two divisions of court of records consist of criminal and civil courts and preside over major legal cases, such as felonies. Intermediate appellate courts, referred to as appellate courts or courts of appeal presides over cases that have been heard in courts of record and all or part of the trial records is submitted for review. The appellate court gives its decision based solely on the facts that support the evidence. The final and highest court layer is the state supreme court; in which cases must have been heard in appellate court and certain trial courts (Cheeseman, 2013). In most cases, a supreme court verdict is final. The case of Prazen vs Shoop was processed through the state court system. Joseph Prazen retired from the City of Peru’s electrical department as the superintendent at the bottom of 1998 (Illinois Court, 2014). Prazen was able to secure his pension of more than 32 years of service with...

Words: 693 - Pages: 3

Premium Essay

The Impact of Law on Business Decisions

...The Impact of Law on Business Decisions Elaine Staples Southern New Hampshire University Abstract Laws are necessary for a society to ‘run smoothly and efficiently’ (Twomey and Jennings 2014). Every aspect of our life is directed by our individual ethical and moral belief and laws that, society as a whole, has enacted to guide our conduct with each other. Businesses also have rules of conduct for every decision, from organizational structure to employee pay. Businesses often rely on legal experts in various fields of law to advise them on decisions in order to maintain compliance within the law. Laws of employment have had the greatest impact on the relationship between a business and its employees. Today, the EEOC enforces laws prohibiting discrimination in employment. The Impact of Law on Business Decisions The Equal Employment Opportunity Commission (EEOC) enforces the illegality of discrimination in employment due to race, color, religion, national origin or sex and retaliation against a person who claims discrimination. It encompasses pregnancy, conditions caused by pregnancy or childbirth, disability and genetic tests of individuals or their family. Affirmative Action was later added, which required businesses to prove employment of women and minorities. A Timeline of Civil Rights One only needs a brief history review to understand why some laws exist today. After the Civil War, state and local laws forced a separation of the races. This was......

Words: 1849 - Pages: 8

Premium Essay

Public's Conditional Response to Supreme Court Decisions

...Supreme Court Decisions” (Johnson & Martin 1998). This article specifically speaks to answer, whether the Court affects public attitudes when it makes decisions or initial rulings on a salient issue or subsequent decisions on the same issue. Johnson allows us to investigate the effect of the Supreme Court on public opinion, which offers the conditional response hypothesis based on the theory of Supreme Court legitimacy, and a micro-level social-psychological theory of attitude formation through his writing. To test this prediction Johnson analyzes public opinion data before and after the Supreme Court ruled in a highly visible abortion case (Roe v. Wade 1973), along with three key capital punishment rulings. (Furman v. Georgia 1972, Gregg v. Georgia 1976 & McCleskey v. Kemp 1987) When the Supreme Court made decisions, the public simply accepted them as legitimate. The reasoning behind this is simply because the Supreme Court is seen as the ultimate arbiter of the law. The model used by both Johnson and Martin (1998) is based upon two different theories. The first, since the public generally views the Court as a highly credible institution, individuals are more likely to clearly elaborate their attitudes toward an issue after a ruling. When the court makes its first major decision on a particular, the structure of public opinion changes in a manner consistent with the structural response hypothesis. Even if the individuals disagree with a particular decision,......

Words: 3732 - Pages: 15

Premium Essay

Power of Supreme Court

...The Power of the Supreme Court Cannot be Justified in a Democracy (45) The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy. The ambiguity of the constitution means that there is much room for interpretation. Since interpreting the constitution is the role of the supreme court, the supreme court is often seen as a quasi legislative body. This is because through its interpretations, particularly those made by loose contructionists, the supreme court acts as an additional legislature. It's decisions can have the same effect as passing legislation. For example, the Grutter vs Bollinger decision (2008) involved the courts laying down a time frame for which affirmative action can be deemed necessary. This effectively acted as a piece of legislation even though it did not pass through Congress. This can be seen as being problematic and potentially damaging for a Democracy. Justices are unelected, they therefore lack legitimacy and......

Words: 913 - Pages: 4

Premium Essay

The Analysis of Law and Courts in Today’s Business Environment

...The Analysis of Law and Courts in Today’s Business Environment Tabitha Merkow ETH 321 10/13/2014 Laurie Wicker The Analysis of Law and Courts in Today’s Business Environment In today’s business environment there is no exact definition of law. Law is a set of rules, standards and principles that outlines the behavior we practice in business. The legal system is a major institution that assists us in defining acceptable social behavior. Laws limit the activities that are not in the best interest of the public. All people have different values and desire different things in life laws act as a way to dispute resolution. Laws play a role in maintaining honesty and integrity in a social environment. The legal system is a tool used to implement changes in acceptable behavior. Laws and courts have many purposes in today’s business environment for example consumer protection, employee protection, environmental protection, and taxation. The laws government enacts are a way to enforce rules. The government’s role in business is to protect consumers from bad business practices by enforcing rules, regulations and laws that the businesses have to go by if they want to practice business. The government is also responsible for protecting the employees that work for these businesses by making sure they provide a safe work environment and that they are protected against discrimination. The environment has to be protected from...

Words: 769 - Pages: 4

Free Essay

Focus on Plessy V. Ferguson, a Very Important Supreme Court Decision in 1896. What Effect Did It Have on the Jim Crow Laws?

...Chapter 19 Focus on Plessy v. Ferguson, a very important Supreme Court decision in 1896. What effect did it have on the Jim Crow laws? The African Americans was not treated equally within society. Many of their problems went to court to be fought for but it would be very hard for them to accomplish this because they whites did not want to give them much power. They fought to receive equal voting rights and equal protection for the African Americans within the south. The whites would murder them just so that they could keep control and not the African Americans. There was the civil war that was lead to equal right between the both races but the Jim Crow laws was not for this but racial segregation. However, the Plessy V. Ferguson a court decision is 1896 lead to separate but equal rights for towards both races. The Jim Crow laws was very specific on what African American could do with and around white they were not able to play any form of games together. They were not able to attend parties of one eight or more individuals of different races. They were not able to go to schools together so free African Americans schools was created so that they would not have to mix the races together, they could not go to schools of the other races. All railroad carrying passengers was also divided in to either by having separate passengers car or dividing one amongst them. Any female that has a child for a African American they would be sent for no less than eighteen months in...

Words: 661 - Pages: 3

Free Essay

The Decision of the Supreme Court on the Ppaca Constitutionality

...The Decision of the Supreme Court on the PPACA Constitutionality The Decision of the Supreme Court on the PPACA Constitutionality From the moment the Patient Protection and Affordable Care Act (PPACA) was just in its proposal stage, it proved to be the most argued upon piece of US legislation of the last decades. It stirred controversy among the general public, medical professionals, raising concerns of various nature, including public health, legal, and ethical, to the delight of hundreds of political analysts. “Chief Justice Roberts has handed a political weapon to the Republicans, who can portray the PPACA as a major tax increase. Another potentially disturbing element of Chief Justice Roberts's opinion is the limitations he places on the federal spending power… The federal government could place conditions on the new Medicaid grants, Roberts argued, but could not threaten existing Medicaid funding without being unconstitutionally coercive. This part of Roberts's opinion is unfortunate, making it more likely that a few red states will reject the Medicaid expansion for no compelling reason.” (Lemieux, 2012) From the public health perspective, the decision of the Supreme Court does not seem beneficial. It is obvious that PPACA was intended to address the social inequalities that prevent millions of low income, uninsured citizens to benefit of decent health care. The law aims to accomplish the following major......

Words: 993 - Pages: 4

Premium Essay

International Contracts Between Common Law and Civil Law: Is Non-State Law to Be Preferred? the Difficulty of Interpreting Legal Standards Such as Good Faith

...between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith Giuditta Cordero Moss∗ ∗ University of Oslo, Recommended Citation Giuditta Cordero Moss (2007) “International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith,” Global Jurist: Vol. 7: Iss. 1 (Advances), Article 3. Available at: Copyright c 2007 The Berkeley Electronic Press. All rights reserved. International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith∗ Giuditta Cordero Moss Abstract Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belonging to a Common Law system or not. These contract models are drafted on the basis of the requirements and structure of the respective Common Law system in which they were originally meant to operate. These models may therefore be in part ineffective or parts thereof may redundant, if the governing law belongs to a Civilian system. To overcome this tension between Common and Civil Law, it is sometimes recommended to subject international contracts to non-state sources of law (also......

Words: 18580 - Pages: 75

Free Essay

Court Decision

...Court Decision HSM 240 December 8, 2011 I chose to do my discussion on Drug Testing Program for Welfare Applicants. I disagree with the judge for stopping welfare applicants from being tested for drug use because even marijuana is a drug. To me this would be a good idea; maybe it would cut down people abusing the government. I think that all applicants who apply for any kind of assistance from the government should be tested. You have to go different doctors to try to get on disability. Now even with the different jobs you get people are doing random drug testing. Now with the economy the way it is we have more and more people on welfare than in a very long time and I think that drug testing as a part of the application is a good idea. Why would the government give anyone who is an alcoholic or on drugs food stamps? I guess they are trying to help them kill themselves because then they wouldn’t be a problem. Drugs kill many of our people every day. To me if you can get the money to do drugs, you can support your family and give them all of the necessities that they need to survive. As stated in this case, “The drug testing pilot is an opportunity to help individuals find employment and to help strengthen their families”. Now even with the different jobs you get people are doing random drug testing. If you fail a drug test, you get put on probation or fired. Then you go apply for unemployment, so the government is still paying for their drugs. So, why be able to get......

Words: 458 - Pages: 2

Premium Essay

Law Court Report

...Law Report – Appendix Court | Date | Name | Case | Stage | Noted as | Supreme | 25/03/09 | Anthony Farell V R | Criminal | Appeal | C1 | | | Mohammed Ali V South Eastern Sydney Area Health Service | Civil | Trial | C2 | | | Gerard Michael Mcguirk V UNSW | Civil | Trial | C3 | District | 27/03/09 | R V Liam Paul Irwin | Criminal | Appeal (severity) | C4 | | | R V Warren James Ure | Criminal | Trial (adjourned for sentence – part heard) | C5 | Court Report Note: Refer to appendix for the case denoted by C1-5] The court is the medium in which judges and magistrates interpret the constitution as it applies today to administer justice; their judgements ultimately contribute to the doctrine of precedents. Australia has mainly adopted an adversarial system within a hierarchical court system in which the courts have specific jurisdictions. Two such examples witnessed are the District and the Supreme Courts – proceedings may be similar but their severity may differ but both seek to serve justice. At the district court cases C4 and C5 were seen first-hand with the former being a criminal appeal and the latter a criminal trial. In C4 the defendant had become a nuisance and acted violently. Subsequently he was placed under a bond, this was breached which led to the magistrate sentencing an imprisonment term but was appealed successfully against. Additionally, in C5 the defendant was prosecuted for carrying illicit drugs but argument focused on......

Words: 797 - Pages: 4

Premium Essay

Court Decision Hsm 240

...Court Decisions The article “Faith and funding: judge blocks state support of Wis. agency” was a bit disturbing to me. On personal grounds, having had experience with a family member and drug addiction and several failed rehabilitation centers, it is disheartening to see one trampled in such a manner as a the article discussed for faith-based reasons. The “separation of church and state,” it seems, has become in our contemporary society more a witch-hunt against Christianity than any other faith, to the vast detriment of many institutions that could potentially do great things apart from their religious slant. I feel that more time was needed for this institution, Faith Works, to prove itself as a rehabilitation facility. The article cited lack of quantifiable figures regarding how many homeless men had been aided by the organization, as well as a lack of accountability with regard to the funding it was receiving. I agree wholeheartedly that any organization receiving state-funding (or any business, regardless, for that matter) should keep better records and be subsequently held accountable. This institution was, however, in its fledging stages, and perhaps simply needed better management and guidance. This was definitely not a problem related to matters of faith. To say as much and to pull the center’s funding for those reasons casts aspersions on the Christian faith. Ironically, faith has been one of the great motivators in recovery from many addictions. The article......

Words: 301 - Pages: 2

Premium Essay

California Courts

...Basic Structure of the California Courts The Basic Structure of the California Courts In the United States there are two separate judicial systems, the state and federal. According to, every “state has its own system with most having specific courts such as juvenile court, probate court, family court, and others that oversee specific legal issues.” (Judicial Council of California, 2012). Where Federal court deals with constitutional law, or in cases between two or more states, California state court deals with criminal, contractual, and family related cases. California’s courts are an independent branch of the California government. The California State Court enforces laws, resolves disputes, and protects individual rights. The court system is also responsible for interpreting laws passed by our legislative and executive branches. Some laws are entirely made by the courts, known as common law, and evolve on a case-by-case basis. To help the courts determine the outcome of any case they have many resources available to them: the constitution (both U.S. and California), statutes, regulations, and prior decisions made by them or higher courts (precedent). Similar to the federal government, the California state government is divided into three separate branches; the legislative, executive, and judicial branches. The legislative branch is the one that enacts the laws; the executive branch is in control of seeing the laws are carried out; and finally the......

Words: 704 - Pages: 3

Premium Essay

Criminal Law and the Supreme Court

...Criminal Law and the Supreme Court William Howard Taft the president of the United States from 1909 to 1913, who also was the Chief Justice, stated “Presidents come and go, but the Supreme Court goes on forever”. Currently that holds true. The first Supreme Court was called to assemble February 1 1790. It was then when they established their powers and duties. The Supreme Court of the United States now has one chief of Justice and eight Associate Justices. The Supreme Court of the United States is the highest judicial body in the United States. This paper will discuss a Supreme Court case. It will review some interesting facts on the case. The paper will also be about what are the various elements of a crime as well as accomplice liability and criminal liability. The elements of crime are actus reus, mens rea, and concurrence. In the case of the Supreme Court vs. Joel Tenenbaum who is a criminal of a different sort. Joel Tenenbaum is a former Boston University student who was ordered to pay $675,000 for illegally downloading and sharing 30 songs on the Internet. In 2009 a jury ordered Tenenbaum to pay after the Recording Industry Association of America sued him (Arizona Republic 2012). The three elements of Actus rues involve an act that causes harm or condemned in a statue. Joel Tenenbuam did an act of downloading and causes harm financially to the Recording Industry and is condemned in a statue. "I can't believe the system would uphold a six-figure damages amount for......

Words: 618 - Pages: 3

Sengoku Danshi Hana no Ran | Биатлон | The Carmichael Show (season 3)