Legal Research Worksheet: Constitutions, Statutes, And Court

Legal Research Worksheet Constitutions Statues And Court Rules1 Wh

Legal Research Worksheet: Constitutions, Statues, and Court Rules 1. Which provision of the United States Constitution is frequently cited as giving people the right to own handguns? 2. If your state constitution guarantees the same right, give the citation to that provision. 3. Which provision of the United States Constitution guarantees the right to a speedy and public trial? 4. If your state constitution guarantees the same right, give the citation to that provision. 5. Which provision of the United States Constitution deals with freedom of the press? 6. Which provision of your state constitution deals with freedom of the press? 7. What 1868 change to the United States Constitution made much of the Bill of Rights applicable to state governments as well as the federal government? 8. When are the Army and Air National Guard ordered into active service? State the correct citation for your answer. 9. What may one do with unordered merchandise received through the United States Postal Service? State the correct citation for your answer. 10. What is the purpose and composition of the Council of National Defense? State the correct citation for your answer. 11. Using the Federal Rules of Civil Procedure, answer questions a through c: a. Which courts are governed by the Federal Rules of Civil Procedure? b. What is the purpose of the rules? c. What is your correct citation? (Give the full citation to the rule.) d. Using your state’s rules of civil procedure, what are the answers to a through c? 12. Using the Federal Rules of Civil Procedure, answer questions a and b: a. How does one begin a civil lawsuit? b. What is your correct citation? c. Using your state’s rules of civil procedure, what are the answers to a and b? 13. Using the Federal Rules of Civil Procedure, answer questions a and b: a. Who may serve the summons? b. What is your correct citation? c. Using your state’s rules of civil procedure, what are the answers to a and b?

Paper For Above instruction

The following paper addresses the various legal questions related to the United States Constitution, state constitutions, statutes, court rules, and federal procedural guidelines. This comprehensive analysis synthesizes constitutional provisions, statutory mandates, and procedural rules to elucidate the legal framework governing individual rights, military service, postal merchandise, and civil litigation processes.

I. Constitutional Provisions on Individual Rights

The Second Amendment of the United States Constitution, codified as Article V of the Bill of Rights, is frequently cited as the constitutional basis for the right to own handguns. It states, "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed" (U.S. Const. amend. II). Many state constitutions mirror this right, with variations in language and scope. For example, California's Constitution explicitly preserves the right to bear arms in Article I, Section 21.

The Sixth Amendment of the U.S. Constitution guarantees the right to a speedy and public trial. Its language states, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial" (U.S. Const. amend. VI). State constitutions often reinforce this right; for example, New York's Constitution similarly ensures the right to a speedy trial under Article I, Section 6.

Freedom of the press is protected by the First Amendment of the U.S. Constitution, which states, "Congress shall make no law... abridging the freedom of speech, or of the press" (U.S. Const. amend. I). State constitutions typically extend this protection; for instance, Texas's Constitution guarantees free speech and press under Article I, Sections 8 and 6.

II. Historical Amendments and Military Service

The Reconstruction Amendments of 1868, notably the Fourteenth Amendment, fundamentally altered American constitutional law by making much of the Bill of Rights applicable to the states through the Equal Protection and Due Process Clauses. The Fourteenth Amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law" (U.S. Const. amend. XIV).

The National Guard is ordered into active service under the authority of federal law, primarily through Title 10 of the U.S. Code. According to 10 U.S. Code § 12401, the President can mobilize the National Guard during national emergencies or war.

Regarding unordered merchandise received through the postal service, the Postal Service Regulations specify that recipients are generally not obligated to return unsolicited goods and may dispose of them as they see fit (39 U.S.C. § 3001).

III. The Council of National Defense

The Council of National Defense was established during World War I to coordinate industrial and military efforts in support of national security. It was composed of government officials, industry leaders, and military personnel. Its purpose was to coordinate resources, manage wartime production, and promote national preparedness. The organization was crucial in mobilizing the economy for war efforts (Post-World War I legislative history).

IV. Federal Civil Procedure Rules

The Federal Rules of Civil Procedure govern civil litigation in the federal courts. Their primary purpose is to ensure a just, speedy, and inexpensive determination of civil actions. The rules provide a uniform framework that promotes fairness and efficiency in legal processes (FRCP, Rule 1, Purpose and Construction). The full citation for this rule is FRCP, Rule 1, "Scope and Purpose."

To initiate a civil lawsuit under the federal rules, a plaintiff files a complaint accompanied by a summons. The summons can be served by any person authorized under Rule 4 of the Federal Rules of Civil Procedure, which includes any non-party who is at least 18 years old and not a party to the case (FRCP, Rule 4).

States often have their own civil procedure rules that mirror federal procedures. For instance, California’s Code of Civil Procedure provides similar methods for commencing a lawsuit and serving process, with specific procedural nuances.

V. Serving the Summons

Under Federal Rules, the summons may be served by federal officers, servers, or any individual authorized by Rule 4 who is at least 18 years old and not a party to the lawsuit. The purpose of service is to provide constitutionally adequate notice of the lawsuit and an opportunity to respond. Citation for Federal Rules: FRCP, Rule 4(c), "Selecting People to Serve a Summons."

State procedures typically authorize similar methods, often including sheriff’s deputies or registered process servers, with specific rules outlined in state statutes and court rules.

Conclusion

This analysis highlights the interconnectedness of constitutional protections, statutory laws, and procedural rules that frame individual rights, military deployment, postal regulations, and civil litigation in the United States. Understanding these legal elements is fundamental for practitioners and citizens alike in navigating the American legal system effectively.

References

1. U.S. Const. amend. II.
2. U.S. Const. amend. VI.
3. U.S. Const. amend. I.
4. California Constitution, Article I, Section 21.
5. New York Constitution, Article I, Section 6.
6. U.S. Const. amend. XIV.
7. 10 U.S. Code § 12401.
8. 39 U.S.C. § 3001.
9. Post-World War I legislative history of the Council of National Defense.
10. Federal Rules of Civil Procedure, Rule 1, "Scope and Purpose."
11. Federal Rules of Civil Procedure, Rule 4, "Summons."