A Legal Codex: A Law Thesis and a Law Dissertation

Transcription

1 A Legal Codex: A Law Thesis and a Law Dissertation Dr. Bradley S. Tice, Esq OPTIMUS

2 Bibliographic information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available in the Internet at Tice, Bradley S.: A Legal Codex: A Law Thesis and a Law Dissertation ISBN All Rights Reserved 1. Edition 2013, Göttingen Optimus Verlag URL: Printed in Germany Paper is FSC certified (wood-free, chlorine free and acid-free, and resistant to aging ANSI 3948 and ISO 9706) No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, scanning, or otherwise without the prior written permission of the Publisher. Request to the Publisher for permission should be addressed to [email protected].

3 Abstract The monograph will review my Juris Doctor degree thesis and my Masters s of Law degree dissertation as a mutual publication of each academic work. i

4

5 Preface The monograph is composed of my Juris Doctor, J.D., degree thesis and my Master s of Law, LL.M., degree dissertation. The work is a concise overview of both academic papers. iii

6

7 Table of Contents Abstract... i Preface... iii Table of Contents... v Introduction... 1 Law Thesis... 3 Law Dissertation... 7 Conclusion Summary References Appendix Appendix A Appendix B Appendix C Appendix D About the Author v

8

9 Introduction The first part of this monograph will address a history of justice courts as they developed in the western world and the second section of this work will examine the role of adequacy in performing a search by a Federal agency in the Freedom of Information Act of the United States Codes and Statutes. The first thesis is from my Juris Doctor degree award in 2002 and is titled Justice Court: A General Overview (Tice, 2002). The second academic work is from my Master s of Law degree award in 2003 and is titled Review of Case Number VFA-0172, 25 DOE 80, 208 and examines the role of adequacy in searches performed under the Freedom of Information Act of the United States by agencies of the Federal government (Tice, 2003). Appendix A has a copy of the Juris Doctor thesis and Appendix B has a copy of the Master s of Law dissertation. Appendix C contains a paper pertaining to nuclear power in the propulsion of aircraft. The paper is included as a relational note to the author s Master s of Law thesis and Appendix D has correspondence from the Department of Energy and Los Alamos National Laboratory as related to the Master s of Law dissertation. 1

10

11 Law Thesis Introduction The position of Justice of the Peace can be traced back to England in 1361 with the passing of the Justice of the Peace Act (West, Group, 1998: 310). The Justice of the Peace in colonial America was the most powerful public office open to colonists (West group, 1998: 310). Early powers of the Justice of the Peace in colonial America was the power to arrest an arraigning citizens who violated moral or legal standards (West Group, 1998: 310). Justice of the Peace also served as county court staff members and heard both grand jury and civil cases (West Group, 1998: 310). Enforcement powers were broadened by the increasing number of slave, criminal, and tax statutes during the 1800 s (West Group, 1998: 310). Today s Justice of the Peace Although the trend in most states has been to abolish the office and courts of justice of the peace, and transferring their powers and functions to ther courts, the office of the justice of the peace does still function in today s American legal system (Black, 1990: 864). Currently justices of the peace deal only with minor criminal matters and preside only in the lowest state courts (West Group, 1998: 310) Justice of the peace only deal with standard tasks such as issuing arrest or search warrants, performing marriage ceremonies, handling routine traffic offenses, determining probable cause, imposing fines, and conducting inquests (West Group, 1998: 310). Duties of the Justice of the Peace Duties of the Justice of the Peace vary by statute and are also considered conservators of the peace (West Group, 1998: 310). They have the power to arrest criminals or insane people, order the removal of the people who behave in a dis- 3

12 Law Thesis orderly fashion in a public place, and carry out other duties designed to maintain or restore a peaceful community (West Group, 1998: 310). Method of Office Justice of the peace are either elected or appointed in their area as per tradition (West Group, 1998: 310). Appointments are typically handled by the state s legislative body or government, although such duties can be delegated to local authorities, such as county supervisors or commissioners (West Group, 1998: 310). Before taking office the justice of the peace must be sworn into office by taking an oath and post an official bond (West Group, 1998: 310). The length of the term of office of the justice of the peace varies with the constitution or statute that created the position (West Group, 1998: 310). Summary Today the justice of the peace courts are the primary legacies of the earlier tribunals (Janosik, 1987: 520). They exist as a shadow of an earlier time but still play a role in modern 21 st Century American society. 4

13 Law Thesis References Black, H.C. (1990) Black s Law dictionary. St. Paul: West Publishing Company. Janosik, R.J. (1987) Encyclopedia of the American Judicial System. New York: Charles Scribner s Sons. West Group (1998) West s Encyclopedia of American Law. St. Paul: West Publishing Company. 5