The Value of the Legal Approach Suggested by the Article The Yale Law Journal article Clapman, explained various ways that the general right of free speech is limited by more important privacy rights.
For example, truth is ordinarily an affirmative defense to defamation. However, existing law already recognizes that certain statements, despite being truthful, serve no valid purpose besides injuring another person, such as by…… [Read More]. Civil War Prior to Discussing. Instead of being a source of "organized social power" Elkins 28 the church had "undergone a relentless process of fragmentation. Elkins explains that Southerners had " However, on page 57 Elkins reports a case where a Virginia Judge in declined to punish the master who had cruelly battered his slave.
Slaves had no legal rights and hence masters could take total control over their lives. Elkins does assert that a master could not kill his…… [Read More]. Civil War the Causes of. This spoke to one of the strengthening ideological holdings in the South as it pertained to maintaining a slave-labor system in spite of the nation's prevailing cultural, ethical and economical trends.
The South would generally hold that the Constitution was conflictive to the independence of states. In the unfolding dispute between the regions, South Carolina would be a leader for the concept of nullification, which as explicated in a doctrine anonymously written by southern leader John C. Calhoun, would entitle states to undermine Federal laws that were inconsistent the individual states' constitutions. An act which elicited a military response against South Carolina from then president, Andrew Jackson, this underscored the extremity of distinction in economic interest which had…… [Read More].
Law Enforcement - Dubious Value. Moreover, the risks posed by felons with known propensities or stated intentions to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis. However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: Stated very simply, a startled…… [Read More].
Law Enforcement - Threat Assessment. For example, the motorized wheelchair elevator of the transport vehicle may take equally long in both directions but the protectee need not be on scene while the elevator platform descends.
By delaying the exit of the protectee from the departure location until the transport vehicle elevator is already in the down position and prepared for immediate ascent, the protection agent can reduce the protectee's exposure my more than half in comparison to positioning the protectee outside the transport vehicle while the wheelchair lift elevator descends into the bottom position.
The prospect of protecting a wheelchair- bound protectee necessarily adds at least one agent to the protective protocol because an agent rather than a non-agent assistant or nurse must control the wheelchair; but the rear position eliminates that agent from any traditional position as a protective shield.
In general, protectees with delicate medical conditions who require perpetual care necessarily…… [Read More]. Sex Offender Civil Commitment Civil Rights or Societal Rights Civil commitment is a legal process typically introduced into society for the mentally ill, or those individuals whom the Court or other professionals believe are a danger to themselves or others. Society realizes that, at times, an individual may pose a danger to themselves or to society and be unable to make rational decisions.
In fact, in most jurisdictions in the modern world, involuntary commitment procedures are specifically applied to individuals who have manifested some form of serious mental illness that acts to impair their reasoning to such extent that they are unable to make cogent and logical decisions.
Involuntary commitment may have, in the past, been used in certain situations, inappropriately, but the statutory criteria that indicates…… [Read More]. Soviet Law The legal system of ussia may be viewed through the prism of communism and Marxism, but that is not all that needs to be considered when discussing Soviet than ussian legal ideology and court systems Bartlett, In reviewing the development in how western scholars think about the impact on ussian law from Soviet legal practices, Bartlett points out that law is more than just statutes it is also the "social practices norms, behaviors, and expectations" of the public Bartlett, , p.
As one of the world's nuclear powers and the largest country in Eurasia an understanding of the development of Soviet ussian legal practices is essential to an understanding of region.
In the socialist legal framework, the legal systems under a capitalist regime…… [Read More]. Cases in Civil and Criminal Law. Criminal and Civil Law A man is charged with brutally killing his ex-wife and her friend, and the family of the two victims also file civil lawsuits "against the man for the damages suffered by the families" alston-Dunham, 99 because of the deaths.
The first case is a criminal case because the state prosecutor files a case against the man. However, the second proceeding is a civil case because the families of the victims file lawsuits to claim the damages. In the first case, the man was not charged with the criminal offense because there was no proof beyond a reasonable doubt to find the man guilty. However, the man was found guilty in the civil proceeding based on the preponderance of the evidence.
The objective of this study to determine the reason the same evidence are not used for both the criminal and civil proceedings. Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition Common, Civil, Socialist This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice.
The effect that neo-liberalism had after the Asian financial crisis on these three nations will be then be examined. Finally, this review will determine if there has been a change post-crisis in merger and acquisition or public finance law. Definitions It is necessary to begin by defining terms that will occur throughout this review.
The three systems of law to be initially discussed in the review are common law, civil law and socialist law. Of course, many dispute the fact…… [Read More]. Legal Traditions in American Law. Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" Common law, , law library. The law evolves with custom and interpretation, rather than remains fixed in stone. Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana.
Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in Even today, "the first article of the Louisiana Civil Code reads: This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…… [Read More].
Good Samaritan Law Its Concept. Wagner of Connecticut Law Tribune has written in an article entitled Good Samaritan Statute Under Scrutiny that a patient dies because of the Turkey sandwich given to her while she was on board with the paramedics while going to the hospital.
It was found out that the patient has no teeth or salivary glands, which led to the choking of the patient. It was argued that the paramedics should have known the medical condition of the patient. The situation then could have been avoided. The suspect's attorney argued that the employees do not have any civil liability because the Good Samaritan Law covered what happened.
The law, which was passed in , offers immunity from liability for dentists, school personnel, police, firemen, EMTs and others who provide emergency medical assistance or first aid during a crisis. The final verdict…… [Read More]. Business Comparative Law and Business a Company. Business Comparative Law and Business A company has decided to expand its operations to another nation. The company is involved in information technology IT and is headquartered in Malaysia.
The desire is to grow assets by beginning operations in Thailand. The fact that these are two separate countries makes the transition difficult, but it complicated by the fact that the two nations have different sets of laws which govern aspects of the transfer, and of the continuing operation of a Malaysian company in Thailand. Of primary concern is the contract law which exists in Thailand, and how those statutes direct a foreign company within Thai borders. It is the wish of the Malaysian company to maintain control in Malaysia not only for the company, but also for the settling of disputes.
Since there are two different sets of laws that may govern a dispute, it is imperative that any potential…… [Read More].
Canadian Business and the Law Does Canada. Canadian Business and the Law Does Canada have too much business law? This text forms the single source of reference for this study. Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.
Important aspects of the Canadian legal system for business It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…… [Read More]. Paralegal Specialties International law: Paralegals in this field may work for government agencies that deal with international trade or multinational firms.
Expertise in foreign languages is preferred. Paralegals in this field assist "with employee contracts, shareholder agreements, stock-option plans, and employee benefit plans. They also may help prepare and file annual financial reports, maintain corporate minutes' record resolutions, and prepare forms to secure loans for the corporation" Paralegals, , BLS.
In criminal law practice, paralegals are often given the task of identifying "appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases" Paralegals, , BLS. They may depose witnesses, keep track of evidence, or more generally monitor the progress of cases through the criminal justice system. Litigation paralegals "analyze legal material for internal use, maintain reference files, conduct research for attorneys, and collect and analyze evidence for agency hearings.
Legal Employment Scenario Employment Law. To the precedent of Paula's case, a prominent case, which exemplified the sometimes institutionalized presence of inappropriate sexuality in the workplace, came to light when "eight women and one man were fired from a North Mankato MN women's shelter because allegedly they refused to fit into the sexually charged atmosphere created by a few staff members.
Still, the burden of proof, as is underlying in the constitutionality of our criminal and civil law systems, lay with the plaintiff. Thus, even if such incidences are said to have occurred, the judicial examination of any case would demand a prying deconstruction of the claim and the individual making said claim.
Therefore, it will fall upon Paula to prove that Sam had made inappropriate and unwanted sexual advances toward her and further, that her refusal to…… [Read More]. Corporation Transactions and Misrepresentation of Financial eports Business law also called commercial law is a branch of civil law that governs business as well as, commercial transactions, and deals with both the private and public law.
The branch created to ensure that, they are no exploitation and manipulation of people as well as rules and regulation in order to benefit some members of a business. This means that should one break or manipulate the rules and regulation in his favor. The or she must face the court in accordance with the law. With legal rights of all investors considered as an important element of the business law, we examine the board changes within the filling of the shareholder derivative lawsuits and might not be frivolous.
Also, lack of highly competent employees within a business can lead to tremendous losses and to some extent closure of the business in accordance with…… [Read More]. Nursing Law and Ethics Name.
The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law. Case Study 1 Part B At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from hrs. Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty.
Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident…… [Read More]. A comprehensive research, primary and secondary, was conducted in order to gather relevant information about crime, criminal law and crimes against a person.
This study can help understanding the mechanism that deals with the criminal law. Crime is an integral part of the everyday life and is a salient fact in today's world. In the opinion of public as well as the scholars, crime is usually linked with violence and harm to societies and individuals, destroying the property and degrading the respect of individuals, societies and institutions.
It is quite obvious that we are facing problems in describing the nature of crimes and are unable to understand the works of many scholars on this subject. The basic question is "What is crime? There is a strong need to…… [Read More]. Islam in Africa Islamic Law. In fact there are signs of turmoil among religious as well as ethnic groups. An internal war between the Hausa and another tribe called the Yoruba resulted in deaths.
More recently tribes called the Tiv and the Jukun have executed tribal raids. The Islamic belief in Shari'a, including the idea that religion and state government should be one, contributes to these problems.
In fact the animosity between Christians and Muslims is quite strong in Nigeria. The province adopting Shari'a, Zamfara, uses Islamic courts to try criminals. The Christians who live in the south do not agree that Zamfara should use a religiously-based legal system. This disagreement demonstrates that the country is divided on multiple levels. It is the…… [Read More]. Thoreau's Resistance To Civil Government This is a paper discussing the Henry David Thoreau's essay 'Resistance to Civil Government' and arguing that his ideas represent the extreme individualism and anarchist ideology.
The renowned American author and naturalist Henry David Thoreau is considered to be one of the most influential minds in the American thought and literature. Thoreau had not only great influence on American thought but also on the politics of the world, some of his ideas and concepts that he developed were the most original political doctrines devised by American thinker. We appreciate this more, considering the fact that he was an unconventional thinker.
At the heart of Thoreau political philosophy was the concept of individualism, he was a supreme individualist and championed the human spirit against materialism and social conformity. His most famous book, "Walden" is an eloquent account of his experiment in near solitary living in…… [Read More]. English Right of Set-Off and Combination in the Circumstance of Insolvency The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general.
These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level.
Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…… [Read More]. At the same time, the managers enforce the company's policy and procedures. Mostly, the managers are expected to wear their "human resources hat" to be able to understand the rights and welfare of their co-workers.
This, together with the direct line reports, enables them to work within the codes of practice while maintaining a professional working relationship.
Therefore, it's crucial for the security manager to generally understand the employment law, especially in those areas that directly relate to their role. The knowledge is critical whilst dealing with issues or situations that may arise with regards to other employees. International Energy Law International Energy Arbitration This paper will examine the role of arbitration in the international energy sector over the past 50 years.
Discussion is organized around the five decades leading up to the current state of affairs in the international energy sector. In each section, major arbitrations are identified and tied to the categorical intention of arbitrations of that period. For instance, arbitration awards that occurred during a period of substantive concession agreements -- termed the first generation of concession agreements by Kosheri n.
The next period, which occurred roughly in the s and s, was characterized by arbitration awards that evidenced a climate of confrontation, during which host nations took the position of abstaining from participation in arbitration proceedings.
These nations were unilaterally interested in bringing the earlier…… [Read More]. Laws That Cover Employment Discrimination. Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin.
Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment. This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…… [Read More].
Law Complies With the Equal. Any trade that crosses state lines or involves citizens from different state is considered interstate commerce. The Commerce Clause was considered an important power in the original drafting of the Constitution due to the controversies that were created in trading relationships between the states under the Articles of Confederation.
As the nation has increased in size and economic activity, the application of the Commerce Clause has become increasingly more important. The landmark case of Marbury v.
Madison established the power of the U. Supreme Court to interpret the application of the Commerce Clause. What is discovery and what are the methods to obtain this information? Discovery is the pre-trial phase in civil and criminal law where parties obtain information regarding the evidence possessed by the opposing side in the litigation. Various tools of discovery are available by the parties such as interrogatories, request for admissions, request for the production…… [Read More].
Laws and Extra Legal Doctrines. Rule of Law and Extra-Legal Doctrines The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality.
Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it.
Civil law plays a diminished role in the United States when compared to many other countries. Where common law operates on the assumption that laws can be interpreted in varying ways depending on circumstances, civil law assume only one correct answer to a legal question. For instance, if a person sues a neighbor in small claims court because the neighbor's dog bit him, the judge will make a determination based on the community's laws regarding control of animals and private property issues.
Did the person walk onto the neighbor's property and enter a gated yard, and then get bit? Or was the person walking down the sidewalk when the dog attacked, not on a leash in violation of the leash law? If the community allows people to keep their pets off a leash in a fenced area and the victim entered that area uninvited, then the bittern person will probably lose. If he was walking down the street minding his own business and the dog was off leash, he will probably win.
If he taunted the dog, the outcome will be up to the judge's discretion, but might say there are no winners: Retrieved 9 June , from http: Comparative criminal justice systems.
Torture, kidnapping and gulags: North Korea's alleged crimes against humanity. Retrieved September 20, , from http: The legal environment of business 12 ed. Retrieved September 19, , from http: Australian courts can also decline to hear a case if it doesn't believe it is the right forum. Corporations Since and the introduction of European SE companies, some interesting conflicts of jurisdiction have ensued. If the company was first registered in a single country, it is subject to those laws.
As an SE company, the corporation is also subject to additional regulations of the Union. The corporation doesn't have to abide by all the laws of all the countries of the Union, just the specific SE rules and the rules of their country. This can be a distinct advantage for SE companies at they can forum shop and choose the country which best suits the business' needs before making a choice about where to base its operations.
The company can then operate both under the jurisdiction of the country with the most favorable laws and have the privileged position of an SE throughout the Union. This kind of behaviour will continue for the foreseeable future; there has been some consistency of law across the Union recently, but there are still distinct differences from country to country.
It is worth a corporation's time and effort to do its research before deciding where to incorporate. What Works and What Doesn't, ed. University of Chicago Press: Journal of Money, Credit, and Banking. Local, State and Federal Law Enforcement. Retrieved September 10, from http: Civil Action View Full Essay.
The Legacy of Mesopotamia. Edited by Stephanie Dalley. Oxford University Press, Netherlands, Amsterdam University Press. New York, Everything Books. New York, Charles C. Works Cited Ricci v. University of Cornell Law School. January 2, http: Pious, and Donald a.
An overview of natural law theory. The Jonathan Dolhenty Archive. From Slavery to Freedom New York: Legal recognition of same-sex relationships in the United States: A social science perspective. American Psychologist, 61 6 , Retrieved October 24, , doi: Accessed 15 April Works Cited "Civil War Overview. Son of the South. References Coming of the Civil War: Accessed on 26 May, Mobile data terminals and random license plate checks: A Valuable Tool for Law Enforcement.
Past, Present and Future. National Criminal Justice Reference System. Written and interpersonal communication: Methods for law enforcement 4th ed. Upper Saddle River, NJ: Works Cited "Abraham Lincoln. The Political Genius of Abraham Lincoln. A History of the United States, 4th ed. References American Civil War. Retrieved Sept 17, at http: The American Civil War: The Struggle to Preserve the Union.
Causes of the Civil War. Retreived Sept 17, at http: References Fugitive Slave Laws. Retrieved June 27, at http: Works Cited Bleeding Kansas. The Compromise of Columbia University Press, Works Cited Franklin Covey. Florida Department of Law Enforcement. The Boisterous Sea of Liberty: Gay marriage violates the sacred texts, traditions, and beliefs among many religious organizations.
Old men marrying young girls who have just entered puberty are not a customary marriage. Although this has often been done, it cannot be tolerated. However, times are changing: This practice has made significant contributions to the spread of HIV. Girl Child Rights and public health advocates have emerged victorious in the abolition of this practice.
Girls who engage in such practices have demonstrated a high illiteracy level, low contact with peers and limited access to health and media messages. Yale University, School of Law.
Retrieved May 25, from HighBeam Research: Civil Liberties in a Turbulent Age. Works Cited Elkins, Stanley M. The University of Chicago Press. The Civil War and Reconstruction. The Association for Preservation of Virginia Antiquities.
Slavery and the American West: University of North Carolina Press. Calculating the Value of the Union: The American Civil War. The idea of civil commitment is not just a legal or political issue, but a moral and ethical philosophical debate within society.
This is a scholarly volume, intended for a scholarly audience that asks several pertinent questions about the role that the political process plays within decisions that are uncomfortable for society -- among which defining sexual predation is one.
The Classical Utilitarians - Bentham and Mill. Also a scholarly publication, this book describes the evolution of utilitarian thought from Ancient times to the 19th century.
It is a standard text that helps one understand the differences between utilitarianism and deontology, and also analyzes why the good of society can be a cultural issue that can change over time. Soviet Law View Full Essay. The challenge of soviet law. Harvard Law Review, 62 , pp.
Some questions of early soviet legal history. Soviet Studies, 7 4 , pp. The place and mode of trial is usually determined by type of trial and proceedings.
If you make an application by summons, then you will be heard in Chambers. Procedure 1 — where defendant elects not to call evidence The Plaintiff or advocate makes an opening speech referred to sometimes as an opening statement. The European civil law system is all about finding the truth, even if a lawyer has to lose the case for their client while doing so. The American adversarial system is about winning, even if it means avoiding and stretching the truth to do so. Civil law has the laws made by the government and….
The two principal legal systems in the world today are those of civil law and common law. Continental Europe, Latin America, most of Africa and many Central European and Asian nations are part of the civil law system; the United States, along with England and other countries once part of the British Empire, belong to….
Answer to Question 1 Sanctioning or Punishment is the act of imposing an unpleasant condition upon a subject in order to stop an undesirable behavior that he has displayed. The main rationale is that if people are harmed for their wrongful conduct, such wrongful conduct will no longer continue in the future. I will put together the circuit by using the equipment I mentioned before. I will join the ammeter and voltmeter to the power pack using wires and join the light bulb to the ammeter and voltmeter using wires.
I will record the results every 0. I will record the results shown on the…. If you contact us after hours, we'll get back to you in 24 hours or less. Civil law Essay Examples. Previous Go to page.
Civil Law Essays. The selection of civil law essays below have been submitted to us by students in order to help you with your studies. Please remember to reference eroticlesbian.ml if you wish to cite any of these essays in your own work.
- Outline How Law is Made and Interpreted in French Civil Law System French Civil Code of Sources of French Civil Law Doctrine How Law is Made and Interpreted in .
Criminal and Civil Law in the English Legal System Essay - One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Civil Law is the cases that are not as serious but they can effect still affect someone’s life. The people in court are called the claimant and the defendant as they have not actually committed a crime. Some examples of civil law are: Landlord disputes, divorces child custody, personal injury, car eroticlesbian.mlal law is the cases that are the people who are going against the law .
Civil law has its roots in Roman law, Canon law and the Enlightenment. The legal systems in many civil law countries are based around one or several codes of law, which set out the main principles that guide the law. Common law is also followed in United States, though based on various constitutional statutes and laws ratified by congress, the U.S federal law encompasses a civil law system (Koch, ). The disadvantages and advantages of those two main systems is a continuing controversy.