There was oncoming traffic and a collision had occurred and Mr Singh's passenger was seriously injured. ... On the way home there was a minibus taxi which was travelling in front of Praveen's vehicle. ... There is a difference between defeating and obstructing the course of justice. ... He then appealed against his sentence and convictions. ... Two prefects were assaulted. ...
International law accepted that there were a range of political entities, not simply the single modern model of the sovereign state. ... There were rights if there was a provision in the Indian Act or in other legislation or in the constitution. ... Treaties, on their own, had no legal force in Canadian law; aboriginal rights claims were part of an ancient dreamtime. ... If there was no recognition of aboriginal and treaty rights in Canadian law before 1982, then section 35 had "recognized and affirmed" nothing. Ian Binnie, then the leading figure in the federal Department of Justice ...
So the legal facts are determined by social facts alone with no relevance of moral facts. Moral facts have no role to determine sovereignty or legal obligations, that is the nature of law. ... If they are commands , then commanders cannot give commands to themselves. ... No morality in law, based on social facts. 11. ... The Author then says that how does finis know this is what basic? ...
However, the human rights of the Chinese-Indonesians in Indonesia were violated in May 1998 and had no human rights. ... However, the Chinese's positions in Indonesia society were because historically they were barred from being servants and farmers, they then had to engage in trade and business. ... (Debbie, National News) There is a historical reason why Chinese control business in Indonesia. ... (Kompas) Whenever there was a condition of social or economic discontent, Chinese businesses usually were one of the first victims of the social unrest that may follow. ... Then the government ...
This may then lead to a form of self-censorship, which then leaves the news media incapable to do their job of watching and reporting. ... Constitution does not mention privacy further then having to obtain a warrant to enter some ones home. ... "There's no state or federal law prohibiting the publication of an alleged victim's name, if that information is legally obtained- (Williams 2003). ... Other papers followed in the footsteps of the Capitol Times, yet only charges were brought against William Evjue, owner of the Capitol Times. ... Then the Globe, a Florida tabloid, printed ...
Unless we regard law as no more than a body of randomly changing rules, its history must be an essential in its study.... The jury insisted on their guilty verdict, the judge then fined each of them and committed them to prison until they can pay their fine. ... It was held that the court had no power to pre-empt the jury's verdict by directing it to convict and that there was no go good reason to depart from that authority. ... The Court of Appeal also stated that personal injury cases were not suitable before a jury. ... Magistrates have the power to send any offence triable either way...
Since then, the question has frequently emerged whether or not civil disobedience was justified. ... Rawls suggests that, if past actions have shown the majority to be immovable or apathetic, then further endeavors might sensibly be thought unbeneficial and one might be confident one's civil disobedience is a final resort. ... Expecting their test is all around established, there are two further issues. ... Aquinas instilled that all human or positive laws were to be deduced by their compliance to the natural law. ... In agreement with Gandhi, there is a higher court than courts of equit...
A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another, there being nothing more evident than that creatures of the same species and rank, promiscuously born to all the same advantages of Nature, and the use of the same faculties, should also be equal one amongst another, without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty. 5. ... And, bein...
My own view is that in the case of a medical necessity, possibly, if there are no other alternatives, but in the case of recreational use absolutely not. ... If the supply of a good or service is increased then the demand goes down, resulting in a lower cost for the consumer. ... There's no denying it and that's wrong.'... Legalization advocates believe if marijuana related offences were no longer present, that the court system would move more efficiently. ... There would be two choices according to (Clements, Zhao & Lan, 2009), "If marijuana were legalized and taxed, the n...
First, rights have been recognized in the Charter so that no religious group should ever have to fear that their religion will be subject to discrimination. ... President Roosevelt signed the "Executive Order No. 9102, establishing the War Relocation Authority-and " without a murmur of dissent," (Institute for Historical Review) Japanese-Canadians were shipped away to internment camps that resembled the Nazi-concentrations camps... " The 23 000 Japanese living on the West coast of Canada, three fourths of whom were Canadian Citizens, were also rounded up, they were not permitted back into B...
For example, in 1995, a federal court in Massachusetts found that inmates' constitutional rights were violated when they were held in a 150-year-old prison that was infested with vermin, fire hazards, and a lack of toilets. ... It is sufficient if there is an administrative hearing before independent medical professionals. ... No. 104-134, 801-10, 110 Stat. 1321.1996.) ... Interestingly, no state or federal appeals court has forbidden male officers from supervising female inmates in the showers. ... Estate of Shabazz (1987), and stated that prison restrictions were to be upheld as l...
Was there an offer made? ... No consideration was paid by Buyer Bob to Keep Seller Abe's offer open, so an option is not applicable here. ... Was there an Acceptance? ... Was there sufficient consideration? ... There was no attempt by Seller Abe to revoke his offer for the $1.25, nor was there any further communication between the parties. ...
If the state or the federal administration passes a law, then it's called statutory law, which judges are compelled to follow, although when the law it's not clear they can interpret it. ... We can also agree that judges should not take part in a case were doing so will create the appearance of impropriety. ... There is an obligation to apply the law impartially but there is also the obligation to do justice. ... Most court judges faced a massive number of sentences were in some situations are easy to handle and by the book responses. But there are some cases were the crime is seri...
(Ancient Rome, Compton's 96) Originally ten tablets of laws were inscribed; two more tablets were added the following year. ... The Corpus Juris had no immediate effect in Western Europe, but in the second half of the 11th century it was rediscovered in Italy. ... If a person has maimed another's limb, let there be retaliation in kind unless he makes agreement for settlement with him. ... By this advance he subjected modern Switzerland, Austria, much of Hungary, and the Balkans to Roman rule and protected the connections between the western and eastern provinces of the Empire; no oth...
In early part of the century, there were signs of growth in the academic legal community that recognized this need for change. ... The outdated, but still useful, opinion of Professor Pound is valuable in illustrating that there were changing attitudes about criminal justice in the common-law systems: punishment should no longer be the only factor when deciding a fit sentencing. This was in an era were punishment was the sole means of a criminal sentence. ... That is, where there are legal burdens and sanctions placed on the offender. ... Clotworthy, the offender, unsupported by reason att...
Back then, adverse possession was obtained through the indirect effect of the Limitation Act 1980. ... Only if they fail to take action then the squatter will be registered as an owner in 2 years' time. ... In Powell, a squatter is under no obligation to draw the owner's attention to what is happening. ... The House of Lords stated that human rights were not even an issue in this case. ... As Art 1 Protocol 1 provides, no one should be deprived of his possession except in public interest. ...
That's because no matter how much we don't like to admit it, we need depend on telephone services more and more as time passes. ... In the technological world that we live in today, there is no question that wiretaps are a necessary tool for law enforcement officers in capturing criminals of the twenty-first century. ... As everyone knows, there have been many changes in phone services in the past few years, and there will be many to come in the future. ... Congress even made a statement about privacy back then. ... If the FBI has it's way, the only communications medium invulne...
There are several reasons why citizens do not participate. ... No matter if it is time given, or money given, it is a luxury to be able to do either when you are lower on the SES scale. ... Cole stated, "The higher the level of education then the social environment where that person resides exuberates pressure to be active. ... Citizens who do not have these skills are most likely citizens who were not taught the importance of these skills at home, church, or any other community based organization. ... There are citizens that have some interest in politics and participation and there are othe...
The term then had a profound impact on social theory which then spread to the study of law and jurisprudence (Blank, 2011: 635). ... In what Weber refers to as occidental modernity, there is the inevitable possibility that there will be an emergence of irrationality, indecisiveness as well as the transcendental (Blank, 2011: 638). ... There are said to be three initial consequences of disenchantment in the legal field, namely; what is referred to as the divine law is stripped of its power and legitimacy, traditional authorities such as the king lose the power they possess to give commands and ...
The participants in the study were between the ages of 19 and 48 and were mixed between employed and unemployed. ... The first set of questions were open ended which dealt with why plea bargains were accepted, offers made prior to plea bargains accepted, and why were any refused [Bor851]. ... Nonetheless, there are additions to plea bargaining which involve incentives. ... In addition to efficiency there is also the incentive of the conviction rates. ... With the process of plea bargaining there are guaranteed convictions [May84]. ...
That anxiety is simply this: political authority will, at some point, be exercised oppressively; that is, it will be exercised to impose very serious burdens of groups of people when there is no rational justification for doing so. ... Michael Mandel, associate professor at Osgoode Hall Law School, maintains that there has been an unfortunate transfer of power from representative legislature to an elite legal profession that creates a class bias. ... There are likely several circumstances where the drafters of the Constitution did not or could not foresee the current state of society. ....
Article 23 proposes that everyone has the right to work and that a job should be freely chosen, and that everyone should receive equal pay for equal work, and that there should be fair remuneration for the work done that would guarantee a dignified life for the worker and their families. ... In order to uphold some of these stipulations, Canada must then support a capitalistic economy and free trade market. ... There is a law which requires each member of an institution to be a part of the union, which should be a right to be chosen, rather than forced upon the individual. ... However, the uni...
