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Law
Love, lust, betrayal, murder, these things made the Hall-Mills case, to most, the "The trial of the century". Just passed the outskirts of New Brunswick, Edward Wheeler Hall, a Reverend of the local Protestant Episcopal Church of St. John the Evangelist in New Brunswick, and Eleanor Reinhardt Mills, a choir singer of the same church, were killed in Franklin on the dreadful night of September 14, 1922. This murder and case was on the front page of the New York Time astonishingly sixty-two times in 1922 and approximately ninety times in 1926, according to Katherine Ramsland of www.crimelibrary.com. This murder brought people from near and far to report on it and find out what really happened. Due to many mishaps, such as mishandling the crime scene, this murder was destined to never be solved. Therefore, it was not, and it still remains one of the most controversial cases in New Jersey. This case was not only a case of two lovers, but it was an affair of four years according to scsc.essortment.com. The affair was apparently unknown of by the spouses of the two lovers, Frances Noel Stevens Hall and James Mills when asked. Mrs. Hall was a "dumpy, plain, severe-looking women" according to www.paulsann.com, in which her appearance would later be used to describe her as the "Iron Widow" by Christopher Hann in A Dangerous Affair because of her severe expression on her face at the time of the trial. She was seven years older than that of Rev. Hall. As for Mr. Mills, he was a janitor at the Lord Stirling Elementary School and sexton of St. John's, raising a family on thirty-five dollars a week. He was eleven years older than that of Mrs. Mills, according to www.paulsann.com. The one thing that all four had in common was...
pages: 8 (words: 2038)
comments: 0
added: 12/07/2011
A bilateral contract is one where both parties are to perform their promises or obligations at some future time but not necessarily at the same time. A unilateral contract is one where one of the parties performs his promises at the time of making the contract and the other party promises to perform in the future. For example, if Vincent promise to sell Joe a Car for $1000 and Joe promises to pay $1000 for the car, the contract is bilateral and executory on both sides. However if Joe promises to pay $1000 when Vincent delivers the car to him and Vincent does so, then the contract is unilateral, executed as to Vincent but executory as to Joe. In other words it simply means a bilateral contract is enforceable only when Joe offers to buy the car from Vincent, and Vincent agrees. And a unilateral contract becomes enforceable when that Joe promises to pay $1000 for the car if Vincent agrees to deliver the car to him. There are two kinds of contract. The usual variety is called bilateral in which both parties promise to do something for the other, and are bound together from a precise moment in time. This is sometimes referred to as "mutuality of undertaking". The less common species is the unilateral contact, in which only one party promises. The other makes no promises but performs an act in return for the other party's promise. The bilateral situation is the more normal one and is a mutual contractual obligation from the outset. The contract is formed before anything is done, though often only seconds before performance begins. The unilateral contract, on the other hand, is formed only after completion of the act. Performance by one party and his acceptance coincide. In both bilateral and unilateral contracts there...
pages: 5 (words: 1288)
comments: 0
added: 08/30/2012
The Godfather By: My godfather's name is Kevin. He was chosen to be my godfather long before I was born. My mother chose him because he is like a brother to her. His parents are my mom's godparents too. So, it sort of carries on a family tradition. Another generation tied to another. Whose godfathers would do these things? Take time off work to take their godchild to his doctor visits. Drive 4 hours to help move you to another house and stay with you to be sure you feel safe. Watch scary movies with you. Shop all over town for the exact gift you want, even though he hates shopping. Be the subject of a show and tell for a bunch of kindergarteners. Go on a big trip to Florida to make you feel safer about flying for the first time. These are just the many examples of what my godfather does for me. Kevin lives in the Milwaukee area. He works for a landscaping company. Whenever we visit each other, we have a great time and many laughs. He also guides me, teaches me things, and has been a great role model. When I was confirmed, I took Michael as my confirmation name in his honor. I will never forget the time when I was afraid to go into the lake behind his house. He told me the water was fine. When I went in the water, I felt cold and could smell the exhaust smoke from the boats as they went by. I also could feel the seaweed under my feet, but soon I got used to all of that. We had a good time when my Mom, Kevin, Max, and I started to swim. Then you couldn't get us out of the water until after dark. Kevin is my second favorite family...
pages: 2 (words: 351)
comments: 0
added: 12/12/2011
Brief Notes on BUSINESS LAW for B.Com/B.S students Moughera Waqas 07-08-2008 Prelude [The abbreviations/terms/symbols used in this essay] P.P.C Pakistan Penal Code 2(a) section(sub-section) - notes/comments { } explanation of a particular term [Note: In this essay the words offer and proposal are used in their actual interpretation as given above, not as the substitutes to each others. Disclaimer: The writer does not accept any liability for any damage caused by use of this essay professionally. It does not contain any professional information. It contains only brief student notes.] The contract law is a very important branch of MERCANTILE LAW. It determines the dealing strategy for the situations and circumstances in which the promises are made by the parties. The law governing the contract in Pakistan is contained in The Contract Act, 1871. The Contract Act, 1871 actually came into force on the 1st September, 1872 that was the reason that it stood "The Contract Act, 1872". A brief and general over view of the Act is following. i. The General principles governing all types of contracts | sec. 001-075 ii. Sales of Goods | sec. 076-123 iii. Indemnity and guarantee | sec. 124-147 iv. Bailment | sec. 148-181 v. Agency | sec. 182-238 ----------------- CHAPTER I ----------------- The principle thing in business law is a "Contract", but the foremost thing is the "Agreement", which actually initializes the procedure which ends in the form of a legally binding "Contract". Stated as: Agreement>Contract. When at least two or more persons agree upon a particular subject matter, having consensus ad idem (the identical thought about a particular subject matter), it is said to be an agreement. No matter how, where, when it came into being, and by what means used? Sec. 2(e) "Every promise or a set of promises forming the consideration for each other is an agreement." There are two certain types of agreements, first 'Social' and the other is 'Legal'. Social agreements do...
pages: 4 (words: 1099)
comments: 0
added: 01/08/2012
Brief Notes on BUSINESS LAW for B.Com/B.S students Moughera Waqas 17-08-2008 ----------- Chap 5 ----------- Consent Free consent and its effects Coercion Undue influence Fraud (section 17) Fraud and its effects Misrepresentation Mistake and its effects [Terms and symbols used] P.P.C Pakistan Penal Code / or Consent (section 13) (approval/assent/agreement) "Two or more persons are said to be consent when they are agree upon the same thing in the same sense". Free Consent (section 14) (free assent/agreement) "Consent is said to be free when it is not caused by coercion, fraud, misrepresentation, undue influence and mistake". Coercion (section 15) (compulsion/intimidation/force/unwillingness) "Coercion is the committing or threatening to commit, any act forbidden by the Pakistan Penal Code, or the unlawful detaining or threatening to detain any property to the prejudice of any person whatever with the intention of causing any person to enter into a agreement". 1. Committing offence (obtaining or attempt to obtain the consent through an act forbidden by P.P.C) 2. Unlawful detaining or threatening to detain (to obtain the consent of a person to enter into an agreement) 3. Threat against any third party (i.e. in which the concerning aggrieved person has property or some interest) 4. Presence of Pakistan Penal Code (is immaterial, presence/non-presence makes no difference) Effects of Coercion 1. The contact becomes voidable at the option of the aggrieved person/party, the aggrieved party/person has two options a. may compel the other party for specific performance (if deems fit) b. ma set aside the contract 2. Section 64if the aggrieved party decides to set aside the contract he must restore any benefits received by him under such contract Undue influence (section 16(1)) (undue use of power/authority/control) 1. Position to dominate (one of the two parties must be in position to dominate the other party, i.e. having a superior authority over the other) 2. Undue advantage (person having the superior authority must obtain an undue advantage with the use of his power) a. case if mental distress (it is easy to compel...
pages: 8 (words: 2149)
comments: 0
added: 02/05/2012
[color=black] Since the reinstatement of the death penalty in 1976, there have been one thousand and ninety nine felons sentenced to death as of October 2007. ("Capital Punishment in the United States")The death penalty is immoral, biased, vengeful, barbaric, and homicidal. Capital punishment is a direct contradiction to the very law it is meant to condemn and should be outlawed. Capital punishment (also known as the Death Penalty) was first used during the 1600's; it was later considered cruel and unusual punishment due to its violation of the Eighth and fourteenth amendments. ("The Case against the Death Penalty") The death penalty was later banned. Currently thirty-eight (38) states have legalized capital punishment. The majority of executions take place in the states formerly known as the "confederate states". They are now often referred to as the "death belt". The states in this area include Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas. There are currently 3,500 men and women on death row. Around 135 countries have already banned the death penalty in law or practice. 91 percent of ALL executions take place in the U.S.A., Sudan, Iraq, Pakistan, Iran, and China. "It is not only vain, but wicked, in a legislature to frame laws in opposition to the laws of nature, and to arm them with the terrors of death. This is truly committing crimes in order to punish them (~ Thomas Jefferson)" This quote completely describes the government violating the eighth and fourteenth, and breaking the law they created to punish felons who commit heinous crimes. The law clearly states that killing a man is wrong and should be punished. The law however never specifies any exceptions to any one including the government officials who execute felons. The government is committing a felony every time they execute a criminal. Capital punishment is the harshest...
pages: 3 (words: 693)
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added: 12/05/2011
Day by day, people around the world do many bad things and we do not have other choices but face them. One June 20, 2001, 36-year-old Andrea Yates, a Texas mother of five kids ranging in age This world is full of many things we will never understand. Nobody said life is from 6 months to 7 years, drowned all of her children and then phoned the police. The controversial question pops up: Is this woman guilty of capital murder? The truth is that she should not be punished for what she did considering that she did not know right from wrong. Prison is not the right punishment for her. U.S. Department of Health and Human Services revels that Postpartum depression is a common, frequently unrecognized, yet devastating disorder. If it not treated early, will develop the followings symptoms: Dysphoric mood, loss of interest in usually pleasurable activities, difficulty concentrating or making decisions, psychomotor agitation or retardation, fatigue, changes in appetite or sleep, recurrent thoughts of death/suicide, feelings of worthlessness or guilt, especially failure at motherhood and excessive anxiety over a child's health. Yates, had been suffering from post-partum depression since the birth of her two-year-old. She had been on medication, and Child Protection Services, who investigated the family after Andrea Yates's suicide attempt two years ago. The same people who irresponsibly claimed they had no reason to believe the children were not being properly cared for. The trial began February 18, 2002. Yates was found guilty of two counts of capital murder on March 12, 2002, and sentenced to life in prison (with the possibility of parole after 40 years) on March 15, 2002 Four of the jurors who convicted Andrea Pia Yates of capital murder told a nationally televised news program that they believed the crime was premeditated, but they also believed...
pages: 4 (words: 1057)
comments: 0
added: 01/27/2012
Marbury vs. Madison At the time, two political parties, the Federalists and the Republicans were competing for power in the federal government. Thus, when the Republican's Thomas Jefferson won the election of 1800, they took control of Congress; however found that the Judiciary, that is the Supreme Court, was still dominated by the Federalists because the justices serve for life under good behavior. That is why President John Adams, a Federalist, tried to fill up the vacancies in the Supreme Court near the end of his term in order to secure the Federalist's standing in the Judiciary branch. The Secretary of State during Adam's administration was James Madison, a Republican. It was Madison's job to deliver the President's commissions to the appointees, one of who was William Marbury. Madison tried to delay the appointment in order to help the Republicans and thus Marbury, knowing of his appointment, sued Madison for failing to deliver his commission. John Marshall, the chief justice, awarded Marbury the writ of mandamus, which declared that Madison should have delivered the commission to Marshall. However, Marshall also declared that the Judiciary Act of 1789, which allowed the Supreme Court to impose the writ of mandamus, was in conflict with Article III of the Constitution, and thus void. This case is important that it defined the true power of the Supreme Court, as well as the Judiciary branch. It showed that the courts have the power to declare the acts of Congress unconstitutional if they exceeded the rights given by the Constitution. Thus, it is important to recognize the courts as the arbiters of the Constitution, being the final authority to deem what it meant. McCulloch vs. Maryland Congress established the Second Bank of the United States in 1816. However, in 1819, the state of Maryland's legislature imposed some taxes on...
pages: 3 (words: 799)
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added: 03/17/2012
Thomas Bartomeli (hereinafter the plaintiff) joined his brother Raymond Bartomeli (hereinafter the defendant) in founding a construction company. In 1983 the two brothers incorporated the company; however the Plaintiff never owned shares in the company. Both parties contributed individual assets to the company and jointly signed notes to acquire certain equipment that was stored on the Plaintiff's property. In 1991 the Defendant became dissatisfied with the Plaintiff's work performance and decided the Plaintiff should be removed as secretary of the corporation. Months later the Plaintiff made a request to have a blank check entrusted to him from the company's secretary. When the Defendant became aware of the Plaintiff's request, he terminated the Plaintiff's employment with the company. The Plaintiff then attempted to reach palatable terms between both him and the Defendant as to a division of company assets, but an agreement could not be reached. The Plaintiff then filed suit against the company for breach of contract of partnership. Issue of Law Is there sufficient evidence to conclude that the corporation owes a duty to the Plaintiff to extend a division of assets from the company to the Plaintiff? In what capacity did the two parties serve together within the corporation for which the Plaintiff's employment was terminated? Is there sufficient evidence to show the Defendant was liable in breaching any contract for which the Plaintiff alleges? Rule of Law 1. "Pleadings have their place in our system of jurisprudence. While they are not held to the strict and artificial standard that once prevailed, we still cling to the belief, even in these iconoclastic days, that no orderly administration of justice is possible without them… The purpose of the complaint is to limit the issues to be decided at the trial of the case and is calculated to prevent surprise." 2. "A Plaintiff may not allege one...
pages: 5 (words: 1320)
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added: 11/06/2011
When comparing Locke and Hobbes, their ideas seem to contradict each other. Their ideas about Freedom are very different but show the same meaning. "I authorize and give up my right of governing myself to this man, or to this assembly of men, all his actions in like manner." states Hobbes saying that people's rights are their own property and can do with them as they wish in order for them to gain their freedom, but if this is to be done he calls it commonwealth. While on the other hand, Locke mentions that, "But though this be a state of Liberty, yet it is not a state of license; though man in that state have an uncontrollable liberty to dispose of his person or possessions, yet he has not liberty to destroy himself, or so much as any creature in his possession, but where some nobler use than its bare preservation calls for it." This basically means that liberty equals freedom and license is lacking restraint (taking own or others' life). Hobbes goes on to say that in order to maintain peace and freedom we must have a commonwealth, but we owe "under the immortal god (the "commonwealth") our peace and defense. For by this authority, given him by every particular man in the commonwealth, he hath the use of so much power and strength conferred to him, that by terror thereof he is enabled to perform the wills of them all, to peace at home and mutual aid against their enemies abroad." In order to have freedom we must strike terror into man to keep him from destroying the freedom that is offered. Locke then contradicts Hobbes's thoughts by saying, "The state of nature has a law of nature to govern it, which obliges every one; and reason, which...
pages: 2 (words: 411)
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added: 12/19/2011
But the Law Says You Can Only Have One Baby... Imagine for a minute a newlywed woman. Who want more than anything to have a child maybe two maybe three, but in her country there are strict rules; she can have only one. So she and her husband apply to have that one precious baby, since they need the governments permission. She then get pregnant, 5 months down the road they find out that it is a girl. She is made to abort the baby. What are they going to do about it ? Nothing, because they have no choice. If this woman were real she would be living in China and her family would be controlled by the government and the one child policy. China's attempt at making the lives of their people better simply does nothing but put them in unnecessary pain. The law is cruel and unjust and should have never been put in affect. The one child policy was established in 1979, in an attempt to regulate the out of control population increase. In 1979, when the policy was adopted, the population in China was over 950 million people. Today, in the year 2000, the population has skyrocketed to over 1.3 billion people (Gilmore np ). China is extremely overcrowded and is continuing to grow.Statistics show China's population is growing at rate where they are eventually going to run out of places to house and feed their people. For many families in China the policy seemed to be a good decision. The government was doing this in the best interest of the people and with nothing but good intentions. The goal was to reduce the population increase by 5% by 1985, and to then move on and reach the goal of 0% increase by the year 2000 ( Maynard...
pages: 6 (words: 1463)
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added: 12/01/2011
Civil courts in England and Wales Most cases dealing with claims for less than about £25000 start in the local County Court of which there are 250. Cases are heard by a legally qualified judge. An appeal can be taken from the District Judge to the Circuit Judge. County Court decisions are not binding in other County Court cases but are generally followed unless there is good reason not to. Cases involving larger sums of money or more important legal points are raised in the High Court. The High Court sits in London and in a few regional centres. It is split into Divisions. For example, the Family Division deals with divorce and child welfare matters and also the administration of wills; the Chancery Division considers complex matters such as disputes about wills, settlements and trusts, bankruptcy, land law, intellectual property and corporate laws; and the Queen's Bench Division deals with the remaining business including disputes about contracts, torts or land. The Queen's Bench Division has some specialist sub-Divisions, including a Commercial Court which deals with large and complex business disputes. You can appeal a County Court or High Court decision to the Civil Division of the Court of Appeal on law only. From the Court of Appeal, there can be an appeal to the House of Lords on fact or law but usually if it involves matters of legal importance. It is also possible to bring an appeal from the High Court to the House of Lords but this is rare. Up to Court of Appeal level, a judge must follow the decisions of all the higher courts above it but need not follow the views of other judges in the same court or a lower court. The Court of Appeal is normally bound by its own previous decisions and those of the...
pages: 5 (words: 1101)
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added: 02/13/2012
THESIS IN SUPPORT OF THE THEORIES OF CRIME CAUSATION AS IT PERTAINS TO THE SOCIAL STRUCTURE DOCTRINE WITHIN THE STUDY CRIMINOLOGY TABLE OF CONTENTS Page TABLE OF CONTENTS…………………………………………………….……...…… 2 TABLE OF AUTHORITIES………………...................................................................... 3 TABLE OF FIGURES…………………………………………………………………… 6 I. PRELIMINARY STATEMENT…….................................................................... 7 II. HISTORICAL ANALYSIS...……….………........................................................ 7 III. ANALYSIS OF CAUSATION THEORIES..….................................................... 8 A. Choice Theories…………………………...................................... 8 B. Trait Theories……………...……................................................. 11 C. Social Structure Theories…………………….........................…. 21 IV. CONCLUSION…………………......................................................................... 26 TABLE OF AUTHORITIES Albert Bandura: Aggression: A Social Learning Analysis (Englewood Cliffs, N.J.: Prentice-Hall, 1973). Alexander Schauss, Diet, Crime and Delinquency (Berkley, Calif.: Parker House, 1980). Byron Roth, "Child Rearing," Society 34 (1996): 39-45. D.A. Andrews and J. Stephen Wormith, Personality and Crime Knowledge and Construction in Criminology," Justice Quarterly 6 (1989): 289-310. Deborah Denno, Biology, Crime and Violence: New Evidence (Cambridge: Cambridge University Press, 1989). Derek Cornish and Ronald Clark, eds. The Reasoning Criminal: Rational Choice Perspectives on Offending (New York: Springer Verlag, 1986); Phillip Cook, "The Demand and Supply of Criminal Opportunities," in Crime and Justice, vol. 7, ed. Derek Cornish and Ronald Clarke, "Understanding Crime Displacement: An Application of Rational Choice Theory," Criminology 25 (1987): 933-947. Devine F. (1982). "Cesare Beccaria and the Theoretical Foundations of Modern Jurisprudence." New England Journal on Prison Law. Diana Fishbein and Robert Thatcher, "New Diagnostic Methods in Criminology: Assessing Organic Sources of Behavioral Disorders," Journal of Research and Crime Delinquency 23 (1986): 240-67. Donald Gibbons, "Comment-Personality and Crime: Non-Issues, Real Issues, and a Theory and Research Agenda, Justice Quarterly (1989): 311-24. Donn Byrne and Kathryn Kelly, An Introduction to Personality (Englewood Cliffs, N.J.: Prentice-Hall, 1981). Edward Megargee, The California Psychological Inventory Handbook (San Fransisco: Jossey-Bass, 1972). Edwin Lemert, Human Deviance, Social Problems, and Social Control (Englewood Cliffs, N.J.: Prentice-Hall, 1967). Edwin Sutherland, "Mental Deficiency and Crime," in Social Attitudes, ed. Kimball Young (New York: Henry Holt, 1931...
pages: 22 (words: 5944)
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added: 01/15/2012
A) Indictable offences require trial before judge and jury, and so are usually reserved for more serious offences. Trial by a jury of one's peers is at the symbolic core of liberal democratic and common law concepts of justice. The jury ultimately connects the community with the administration of justice. In order to give some perspective to the role of the jury within the overall criminal justice system, it must be recognised that only a small percentage of criminal cases are heard before a judge and jury. The jury as an institution is, nevertheless, an important component of the criminal justice system. In the first place, the most serious criminal cases are tried before a judge and jury. In those cases where the State makes allegations of the most grave kind which are contested by the accused person, the responsibility for the determination of guilt is not vested in a single public official. It is placed in the hands of a group of 12 citizens chosen in a random manner as representatives of the general community. In this way the institution of the jury serves as an important aspect of the declaratory or denunciatory function of the criminal law. The maintenance of trial by jury emphasises the serious nature of the criminal offences which are so dealt with. In New South Wales a jury has no role in determining the penalty for a person once that person has been found guilty. A jury can only convict or acquit an accused person if they are unanimous, that is all 12 members of the jury agree. Australia has a tradition of court proceedings being based on an adversarial model. In this model the role of the 'Judge' is to determine disputes between parties by applying the law to particular facts. Judges determine the facts...
pages: 22 (words: 6006)
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added: 11/23/2011
DNA stands for Deoxyribonucleic Acid, a nucleic acid that consists of two long chains of nucleotides twisted together into a double twirl and joined by hydrogen bonds between opposite bases adenine and thymine or cytosine and guanine; it carries the cell's genetic information and hereditary characteristics via its nucleotides and their sequence and is capable of self-replication and genetic material mixture (www.dictionary.com). Both of the egg and sperm hold DNA. Each child receives 23 chromosomes from its mother and 23 from its father, so that's a total of 46 chromosomes. Every cell carries a blueprint of DNA. A molecule of DNA holds coded plans for thousands of proteins and the length of the strand is called a gene. Amino acids are the building blocks of proteins. Basically DNA is fully composed of proteins. Each person has a unique DNA pattern that can be determined by testing tissue such as hair or body fluids. DNA tests use those unique patterns to determine whether a person is linked to hair, teeth, bones, nails or body fluids found at a crime scene. The Canadian police community had called for the creation of a DNA data bank to assist police investigations. The government responded by assenting to the DNA Identification Act on December 10, 1998. This legislation allowed a DNA data bank to be created and amended the Criminal Code to provide a method for a judge to order persons convicted of designated offences to provide blood, or hair samples from which DNA profiles will be derived. The legislation became official on June 30, 2000. Forensic science uses techniques developed in DNA research to identify individuals who have committed crimes. DNA from semen, skin, or blood taken from the crime scene can be compared with the DNA of a suspect, and the results can hold important information...
pages: 3 (words: 805)
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added: 02/19/2012
Fletcher vs. Peck In the case of Fletcher vs. Peck, the Yazoo land grants were on trial. One Georgia legislature had sold millions of acres to four separate companies at a price of two cents per acre. (Garraty 174). When the next legislature came into power, it was learned that many of those legislators that sold the land had been corrupt. The companies had sold land to many small farmers who had no idea that the land should not have been sold in the first place. When the grant was taken away by the Georgian legislature, the farmers looked to the Supreme Court. (Corwin 151). The Court could have easily decided not to hear the case. The whole land grant process had been corrupt, so the Georgian legislature had the right to take them away, but Marshall believed there was something more to this case. He decided that he would hear the case. Marshall declared the rescinding act void because it violated peoples rights, and went against the separation of powers. For Marshall, this explanation was simply not enough, so he turned to the Constitution to find something in writing to support his decision. He found his support in the contract clause. The problem Marshall had was that the contract clause was there to protect persons waiting for a contract to be carried out, a land grant is over and done with once the land is handed over. (Corwin 153). By using a very loose interpretation, Marshall stated that when something is granted, the granter is not expected to try and take back what he has been granted. In reality, the Constitution did not say this at all, but morally it made perfect sense. Marshall believed that there was a moral contract involved and that both parties should assume that the grant is permanent....
pages: 2 (words: 408)
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added: 01/08/2013
This paper will discuss disability discrimination and the legislative and non-legislative tools used to combat it. The major piece of federal legislation, the Disability Discrimination Act (1992) will be examined in considerable detail, and an attempt will be made to analyze its strengths and weakness, with reference to various opinions put forward by individuals and organizations concerned with its implementation. Particular emphasis will be placed upon the compliance of the Act. The issues that have been subject to public debate will be discussed, including arguments for and against compliance processes that have been suggested by governmental bodies. A comparison will be made between measures used in other nations to counter disability discrimination, with the view of making suggestions on improving the processes proposed in Australia. Possible models for Compliance in Education will then be listed, and finally an opinion will be made as to which of these models would be the most appropriate, with consideration as to the circumstances in Australia today. What is Disability Discrimination? Section 5 of the Disability Discrimination Act 1992 (Cth) outlines the meaning of Disability Discrimination. Disability discrimination happens when people with a disability are treated less fairly than people without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, co-workers or associates of a person with a disability. It is against the law to discriminate against someone if they have a disability in various areas of life. All governments in Australia have responsibilities under the DDA to ensure that this type of discrimination does not occur. The Federal Disability Discrimination Act makes disability discrimination against the law, covering a broad range of areas in life including employment (s.15), education (s.22), access to premises (s.23), accommodation (s.25), buying land (s.26), sport (s.28) and many more. The definition of "disability", as stated in s.4...
pages: 11 (words: 2763)
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added: 12/02/2011
Legal Studies Basic Legal Notions Definitions: • Anarchy- a state of society WITHOUT government or law (LAWLESNESS) • Custom- a type of behaviour that has emerged OVERTIME & that is followed by a group by MUTUAL CONSENT. Traditions. • Fairness- PROPER BEHAVIOUR (conduct) in the performance of an act or duty. • Rules- controlling COMMANDS which have authority of a superior power. Guidelines. • Equality- everybody being treated the SAME. • Justice- a concept about what is RIGHT & WRONG and what is FAIR & UNFAIR. • Values- principles or ATTITUDES which we see as important. Beliefs. • Ethics- a set of MORAL BELIEFS governing behaviour. • Tort- a CIVIL WRONG where one person unreasonably interferes with the rights of another. • Duty- something a person is REQUIRED to do or stop doing. • Right- something to which a person is ENTITLED. • Public law- law affecting ENTIRE community about disputes between the state & private individuals; & law about law-making powers of governments. • Civil law- laws are regulating the behaviour of individuals- form of private law. • Common law- CASE LAW developed in common court case law or JUDGE-MADE law. • Culture- knowledge & ways of THINKING & BEHAVING that give a group its distinctive way of life. • Domestic law- the law of a country- applies within a nation/states' borders. • High court- the ultimate court of appeal. • Burden of proof- responsibility of the party who must prove a case in court. In a civil case this party is the PLAINTIFF. In a criminal case it's the PROSECUTION. • Alternative dispute resolution- methods of resolving disputes which do not rely on the court system. • Appellate jurisdiction- a court's power to hear matters which have been heard before at a court lower in the judicial hierarchy but appealed to the court with the appellate jurisdiction. • Constitutional convention- a meeting of people elected from across Australia to discuss matters...
pages: 11 (words: 2913)
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added: 12/25/2011
The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, social structure public health, and the status of women are enormous. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious. Marriage is much more than merely a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights. When two adults desire to "contract" in the eyes of the law, as well a perhaps promise in the eyes of the Lord and their friends and family, to be responsible for the obligations of marriage as well as to enjoy its benefits, should the law prohibit their request merely because they are of the same gender? I intend to prove that because of Article IV of the United States Constitution, there is no reason why the federal government nor any state government should restrict marriage to a predefined heterosexual relationship. Marriage has changed throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely accepted, both in statute and in society; and marital failure itself, rather than the fault...
pages: 10 (words: 2721)
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added: 09/16/2012
Did you hear that Marcia Clark's husband cried foul and Johnnie Cochran appeared on his 100th television show? A number of ex-jurors are writing their memoirs. Get your peanuts and popcorn ready as another sordid round of O.J.-mania unfolds in scandal-starved America. The O.J. Simpson story is being pursued by the media with the verve of a bunch of piranha in a feeding frenzy, and the public is loving every bit of it. Ratings are high, ad revenues are up and all that remains is how to masterfully make and divvy up the profits. Why is this the case? Americans have always been and will continue to be fascinated with public figures and the rich and famous. We have been and are increasingly becoming a society of voyeurs, and with the advent of all types of new technology, we are able to almost satiate our voyeuristic appetites. O.J. Simpson's story provides us with a great deal, both emotionally and physically. There really is nothing wrong with it, although we may not be willing to admit it. It seems so amazing, but not surprising, that a crime so heinous and gruesome has been transformed into a media circus event. We seem so consumed and wrapped up with each new revelation and each new headline. All along, we never really allow ourselves to experience the depth of the tragedy of this murder. Perhaps we never will. Certainly, the way we consume news is part of the reason for this. Watching television and reading the newspapers removes and protects us from the situation, but I believe it goes beyond this initial comfort zone. It seems to me that people often have a great deal of difficulty dealing with intense emotions in general and certainly the potential emotions engendered by this story. Rage, fear, vulnerability, despair and loss...
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added: 01/26/2012
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