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Whether the State of Setonia have standing under the doctrine of standing and the parens patriae to file a case and sue the Environmental Protection Agency (EPA), for the release of toxins in the state. The state of Setonia alleges that massive toxins emitted by the Environmental Protection Agency have resulted in global warming, which, in turn, has severely eroded the land where the state of Setonia is and threatens its fourth major industry, tourism, with imminent destruction. The question before us is whether the Environmental Protection Agency (“EPA”) action that the Act authorizes, displaces Setonia’s claims. I hold that to be fallacious. I. STATEMENT OF THE LEGAL STANDARD In order to accurately assess which cases can be disputed in a …show more content…
Injury in Fact (there has actually been an injury) “2. Causation (the person who is being brought into the court actually caused the injury) “3. Redressability (the court has the ability to actually do something about the injury) The Court also uses another serious of test to determine of the case can be carried out in court after it has already passed the three-pronged test f standing. In order to do so, the Court uses test to determine a case’s, ripeness, mootness, and justiciability. The explanation of these elements and how they work in relation with standing is explained as follows: “Ripeness refers to when the case is ready, or ripe, to be heard by the court. Courts do not like to issue rulings on things that are not issues yet and can avoid these cases by claiming they are not “ripe”. Mootness is a similar concept, but is used when an issue has already been decided or resolved. Justiciability is closely related to the third prong of the standing test. Courts will not hear a case where no actual remedy can be …show more content…
STATEMENT OF THE FACTS Setonia is one of the United States naturally preserved states. The aesthetic beauty of the state has made tourism one of Setonia’s largest industries during the summer months. Tourism, however, is only the fourth largest industry in Setonia, preceded by insurance, reinsurance and manufacturing. Kompany is a business within the state of Setonia that has factories in the surrounding states. Kompany has been around for many years creating different kinds of widgets that are sold in Setonia and the states the factories are operating in. All factories that create widgets release some chemicals as a byproduct. The chemicals that are released are conductive to a cycle of acid rain that erodes natural resources in Setonia, such as the popular statute in which Setonia is famous for, the Balancing Rocks. However due to the positioning of Kompany’s factories the acid rain does not fall on any populated areas in Setonia nor does the rainfall during the summer months, when visitation is the highest. Furthermore, the acid rain is not a health risk to the people in
Causation is the cause of death, and in criminal law it is the connecting of conduct and physiological behaviour with a resulting effect, typically a serious injury or death. The analysis of the actus rea and mens read of the accused will assist the investigators in pinpointing the causation of the murder. In criminal law it is absolutely necessary to prove causation in order to convict an individual for first degree murder.
Questions Presented: This is where the legal issues are stated that the party would like for the appellate court to think about and make a final decision (Statsky, pg. 545).
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
when there is a technical violation. In cases such as Sandin v Conner and Olim v
The Court outlined the basic standards for determining competency due to the significance of the Dusky case. The competency standard main elements for standing trial
In any legal proceedings, whether adversarial or inquisitorial, witnesses must be called upon to prove the existence or non-existence of each parties’ assertions. There are two kinds of legal proceeding that can be instituted in a court of law; these are the criminal case which involved the state against an accused person and the civil case which a an individual sues another individual to recover damages, compensation, enforcement, restitution e.tc.
In conclusion, “Acid Rain: Scourge from the Skies” was effective in proving how severe acid rain is and can be. Robert Collins wrote informatively about a notable subject what anyone can comprehend and he used many commendable writing devices which all added to the effectiveness of the essay.
Welner M.D., Michael. "Competency to Stand Trial, Proceed Pro Se, Plea, Receive Sentenceing." n.d. The Forensic Panel. Web. 3 January 2014.
of law that has been used to base his decision on. This is called the
The standing doctrine consists both of constitutionally-derived rules and judicially-created gatekeeping ("prudential") rules. The Court has found Article III to require that plaintiffs demonstrate injury-in-fact, that the injury in question is fairly traceable to the defendant's challenged action, and that the injury is one that could be redressed by a favorable decision.
A vast majority of petitioned cases have ended in deliquency adjudication. Roughly two-thirds of every case given into trials end as such.
...n of legally obtained evidence and statements. Each and every person involved in the process of the evidence collection and processing must be available for trial. If one of these parties is not available, it may cause some doubt in the juror’s mind, as to what was done with that piece of evidence. The case must be proven beyond a reasonable doubt. In conclusion if any piece of this investigation is not followed by using established guidelines, the outcome will not lead to the successful conviction.
In a court of law, litigation is the final alternative used when coming to a resolution for a disagreement. Litigation is highly used in the United States, although not as common in other countries (Schaffer, Agusti, & Dhooge, 2014, p. 62). Strengths of the traditional litigation include the decision being
The courts in the end are the best and supreme authority to judge any matter.However,in this case the act has shown more confidence on statues like internal complaint committee,people in which have basically no previous experience in handling such sensitive cases,then the courts.
and which are not, the Court cannot be said to have taken a stand on the