Case Study 1 Understanding the Court System
The U.S. Court System is a complex system that includes both federal and state-level courts. The federal system includes the judicial branch of the government. This system is designed to help society interpret the U.S. Constitution and provide guidelines for society. Court cases may concern many different topics and have an unlimited number of outcomes.
Use the Internet to research a civil or criminal court case in which you are interested.
Write a five to eight (5) page paper in which you:
Summarize the seminal facts of the case that you chose.
Explain the main laws that have been violated in the case that you chose.
Describe the possible penalties that could be associated with the laws that you just described.
Explain whether your specific case was heard in the state or federal court system, and include any related jurisdictional requirements. Explain the fundamental reasons why it was necessary for the case to be heard in that particular court system.
Summarize the outcome of the case, and indicate whether the judge or jury made the decision.
Discuss whether or not you believe that the outcome of the case was justified. Provide a rationale for the response.
Use at least (3) quality academic resources. Note: Wikipedia and other websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
This course requires use of Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
UNDERSTANDING THE COURT SYSTEM
Student’s Name
Course Code
Professor’s Name
Date
Roe v. Wade
In 1973, the US Supreme Court declared its landmark decision on Roe v. Wade. It overturned the interpretation of the abortion laws in Texas, thereby legalizing abortion all over the US. Roe v. Wade is considered as a changing point the procreation rights of women and had been a critical issue in the politics of the United States since then. It was primarily held in Roe v. wade that the women had the liberty to opt for abortion in the initial months of pregnancy, in light of her right to privacy, without any legal repercussions to endure. However, there can be restriction in the later trimesters.
Facts
Texan Norma McCovey was a 22-year-old, working class, unmarried woman who sought to terminate her unwanted pregnancy. Where as in Texas, abortion was considered illegal under statue unless it was performed in order to save the life of mother. On advice of her attorneys, she challenged the Texas law. for protection of her identity, she used an anonymous name, Jane Roe and filled a case against the County District attorney Henry Wade. He was the official for implementation of criminal laws along with the antiabortion laws. The lawsuit asserted that the statues are not constitutionally void and infringes upon her right of privacy as provided by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. She challenged the statue and sought for injunction to carry out her abortion.
Although the district court agreed that the laws were not constitutionally valid and infringed her right to privacy in the ninth and fourteenth amendments, but it refused to grant her an injunction to go forward with her abortion. The case was then presented in the US supreme court and was heard along with the Doe v. Bolton that challenged Georgia statue.
Constitutional Issues
In Roe v wade is it argued that the Texan law of abortion are in violation to the Fourteenth and Ninth Amendments of the constitution. The issue before the court was to determine wither the relative statute inappropriately violated the plaintiff’s right to terminate her pregnancy in light of the personal freedom assured by the due process clause of the fourteenth Amendment, in the private, familial and procreating privacy through the bill of rights and right of the people in light of the Ninth Amendment.
In the previous with respect to the abortion only the violation of the Fourteenth amendment was bring forth asserting that the statue was not particular enough to in which circumstances women life might be considered as threatened by pregnancy. Since in the present case, focus was on the liberty given to pregnant women to decide whether the abortion is important or not. According to the argument, in line of the ninth amendment, it was asserted "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." On contrary, the state asserted that the fetus should be considered as a person who also has individual rights.
Jurisdiction of the case
The case was decided in the United States supreme court as it was a challenging the constitutional right. The case was presided by a bench of nine judges. The judgement was written by Harry A. Blackmun. Seven out of nine judges concurred the judgment Harry A. Blackmun, William J. Brennan, Lewis F. Powell Jr., Thurgood Marshall. Concurring: Warren Burger, William Orville Douglas, Potter Stewart. The dissenting judges were William H. Rehnquist, Byron R. White and the opinion was provided by William H. Rehnquist.
Majority opinion
It was found by the supreme Court in Roe that women are entitled to constitutional protection with respect decision concerning her pregnancies. It was also asserted by the court that the constitutional rights to privacy is not absolute in nature and the state withholds the rights to protect the health of mother and expected life. Although state is not obligated but in certain circumstances it can prohibit abortion after there is immediate threat to the life and wellbeing of the woman.
The judgement of the Roe reflects that supreme court referred several precedent case in order to deduce that the government cannot impede in certain aspects of private life like reproduction and marriage...