American court system presents the pyramidal structure, at the base of which there are ninety federal district courts, the medial part by federal appellate, namely twelve of them, and at the very top of this pyramid the United States Supreme Court is located. The federal district courts are courts of original jurisdiction. Most decisions taken in these courts are usually definitive but they can be reviewed by the federal appellate. The federal appellate are organized into circuits and they may only hear appeals from within their own circuits.
The Supreme Court is the final court of appeal. It can hear cases from the inferior federal courts and from state courts when a federal issue is involved. Federal issues include crimes against America, disputes between citizens of different states, disputes between US citizens and a foreign nation and actions arising under the Constitution. There are two ways in which a case can be referred to the Supreme Court. The first is a direct appeal from the lower federal courts if a constitutional issue is deemed to be involved. The second way is by petitioning for a writ of certiorari.
This means that the records of a case in a lower federal court are sent to the Supreme Court for review. Such a writ can only be granted with the agreement of four justices (this is the name for “judges” that sit in the Supreme Court) of the Supreme Court. The Supreme Court in America adjudicates on acts passed through the political system by Congress and President. The Supreme Court’s task is to declare whether an act is constitutional or unconstitutional. The Supreme Court cannot initiate a bill or act – it can only adjudicate. The President designates Supreme Court judges.
When deciding on a candidate, the President has to examine the social and political nature of the Supreme Court. Reagan, breaking nearly 200 years of all-male tradition, appointed Sandra Day O’Connor – the first female Justice. This is still a dubious question was this deed just to appeal to the potential female voters for the Republican president. To maintain an ethnic balance, Bush appointed Clarence Thomas – an Afro-American – to replace the Afro-American Thurgood Marshall. On July 1, 2005 Associate Justice O’Connor announced her retirement from the Supreme Court after 24 years of service on the bench.
There are, evidently, nine justices on the Supreme Court bench: four conservatives (Republican appointees), four liberals (Democrat appointees) and Sandra Day O’Connor who, though appointed by a Republican president, has turned out to be the changeable voter in most decisions, being unpredictable which side of the question she would prefer. A summer of conflict is now expected as the President tries to get the Senate to confirm whoever he chooses to nominate as her successor. Being a Republican, he is expected to appoint a conservative; the Democrat minority in the Senate will fight for this vigorously.
Democrats will put the questions to the nominee: as of which way he or she would vote on certain disputable issues. But this obviously contradicts the idea of having a Supreme Court to interpret the most difficult and complex laws on the statute books. The role of the Supreme Court is to interpret law and not choose the best way somebody sees it fit. All these circumstances make the appointment to fill O’Connor’s position significant and the outcome may raise new and new questions for discussion with regard to American judicial system.
II In his essay “Advertising’s Fifteen Basic Appeals”, Jib Fowles speculates how advertisements work by investigating the emotional, sub-rational appeals that they employ. Day by day we are confronted by hundreds of oddities, only a few of which actually attract our attention. These few do so, according to Fowles, through “something primary and primitive, an emotional appeal that in effect is the thin edge of the wedge, trying to find its way into a mind. ” Using the research done by the psychologist Henry A.
Murray, Fowles give the description of fifteen emotional appeals or wedges that advertisements exploit. Underlying psychological analysis of advertising carried out by Fowles is the supposition that advertisers try to outwit the cautious, logical, skeptical, powers we develop as consumers, to reach, instead, the “unfulfilled urges and motives swirling in the bottom half of [our] minds. ” In accordance to Fowles’ view, consumers are well advised to pay attention to these underlying appeals in order to avoid responding unthinkingly.
All being grounded on emotions Fowles’ appeals present the list of fifteen “especially valuable” and perfect foundation for building the ads conception. Among these are: the need for sex, the need for affiliation, the need to nurture, the need for guidance, the need to aggress, the need to achieve, the need to dominate, the need for prominence, the need for attention, the need for autonomy, the need to escape, the need to feel safe, the need for aesthetic sensations, the need to satisfy curiosity and physiological needs: food, drink, sleep, etc.
The scrutiny of Fowles’ appeals gives the answer what exactly an American looks for in his or her life, what he or she strives for. As the American society always glorified the “individual” it seems that the people feel extreme need for communication, for being a part of some team or company. Despite the fact that we are all self-centered we still remain to be social units who need interaction with similar units. The need for autonomy indicates the overwhelming female emancipation which is stirred up by advertisement mastery.
The American society is often regarded as of consumer type and at the same time the American customer nurtures the resistance to the advertisement policies. This brings the ads-makers to search the way for outwitting their recipients. More people are rejecting traditional sales messages, presenting the ad industry with big challenges. III Cyberspace is a term for communication medium providing us with ability to understand our social behavior. The real world and ‘virtual world form the certain background where we understand ourselves by evolving facets of our identity.
Nevertheless, in the virtual world, we can inspect our inner-self without rejection that may often appear in the real world. Cyberspace is, thus, a psychological ‘space’ in which we can construct and form, explore and discover, and admit and comprehend ourselves. Identity in cyberspace permits an individual to build themselves, and culture in cyberspace permits individuals to be involved into social interactions which engage identity construction. To construct our virtual identities we choose different methods.
With anonymity provided by constantly changing nicknames for nobody to know our true identity, yet we are still trying to understand who we are. According to Turkle, we create online identities to help understand our offline lives. An example is the use of avatars, where a user creates a picture to represent himself. We construct our personality by allowing our true self be inspected by people worldwide without the fear of rejection. Turkle claims that the online world allows us to “project ourselves into our own dramas, dramas in which we are producer, director, and star. We create fictional characters with different personalities and this enables individuals to explore multiple identities. Each facet of one’s personality is depicted differently but each will always lead to ‘yourself. ’ Sometimes we occasionally subdue our true feelings and fantasies. Therefore, we go online and feel comfortable in expressing our feelings and fantasies. We can design various characters and circumstances; we play a game in which we discover who we are and who we wish to be. Cyberspace help people express themselves using words and this process is called self-actualization.
The result is often positive because people report being more like their true self offline. There are advantages and disadvantages to identity in cyberspace. One advantage is that cyberspace enables us to show our inner emotions and intentions. We can find other people with similar concerns and interests. But sometimes overuse is not healthy since cyberspace can become addictive. Some people spend so much time constructing their identity so they do not have time to physically live their real lives. This brings down one’s self-dignity and self-image.
Another disadvantage is that we do not know who we are talking to. Cyberspace allows an individual to occasionally conceal and misrepresent themselves. But at the same time anonymity limits the fear of speech so people can fully express themselves. To summarize, cyberspace is a space where we explore our inner-self. Firstly, we construct our identities in many different ways. We can constantly change our identity online, we can make fictional identities to explore ourselves, and we can act out our true feelings to become more comfortable with ourselves.