. The court ruled that the warrantless search of the dormitory room by the campus police violated the defendant's constitutional rights and that all evidence obtained as a result of the search should be suppressed in the case Commonwealth v. Eric W. Neilson, 423 Mass 75 (1996). College officials searched the room because they had reason to believe that there was an animal inside the room, which is against school policies. When they got in the room they proceeded to look in the closet; there they found a marijuana plant. The college officials immediately called the police and when they arrived they took pictures of the plant for evidence, and then with the help of the college officials, removed it from the room.…
INTRODUCTION This essay examines the Australian court hierarchy, and the extension power the High Court attains as it has the ability too overturn decisions made by the Supreme Court. As it is the final court of appeal therefore reintegrates the point that the power of appointment is held within the body of the High Court. As the Australian Federal system consists of national court and a court system for each individual state and the two territories.…
Question 2: In Commonwealth v. Aves and Sim’s case 7 Cushy, chief justice Shaw came to two entirely different verdicts, which lead to massive controversy and questioning about his inconsistency on slavery issues. In Commonwealth v. Aves, Chief Justice Shaw made the decision to grant a 6-year-old girl named Med freedom after her “owner” voluntarily brought her into a free state (where slavery was abolished). A key term within this statement is that she was voluntarily brought into the free state; she did not escape from her masters. At this time, slaves were considered property of their owners, which technically means that comity, should be exercised.…
2) Justice Shaw concluded two different rulings in his 1836 and 1851 cases regarding two similar “fugitive slave” scenarios. In the Commonwealth v. Aves case, Justice Shaw ruled that the “fugitive slave” was to remain in Massachusetts and therefore, become a freed slave. Justice Shaw ruled the opposite in 1851 and ordered Thomas Sims be returned to Georgia after he had escaped. Justice Shaw cited two different laws in his opposite decisions. In the case of Commonwealth v. Aves (1836), Justice Shaw cited the lack of the law of comity as justification for keeping Med, the fugitive slave, in Massachusetts and therefor not returning her to her slave masters in the south.…
Federal agencies are the part of government that is not congress, the president, or the military during wartime. If the president or Congress decides to build a bridge, they won’t oversee any of the work themselves, not even hiring of the staff. Instead, an agency is created to carry out their goal. Examples of agencies in the United States include the Federal Bureau of Investigation, Central Intelligence Agency, and Federal Communications Commission. Agencies are formed by an act of Congress, when they lay out what is called an organic statute that contains the purpose and structure of the agency, the agency then is in charge of implementing the purpose as laid out in the statues.…
In order to support this idea, the history of the Australian legal system should be discussed. Australia is a common law country and the history of the Australian legal system stems from English common law system.2 Common law is judge made laws that are created based around areas that are not included. The judges are required to interpret legislation if there is a dispute about the meaning or how to apply an Act in a case. These interpretations then become part of the common law.3…
Topic: A view which is certainly elementary if not fundamental is that in a democratic society, people should enjoy freedom in their contracting. Introduction Our society today depends upon free exchange of goods and services in the marketplace at every opportunity. The interactions we encounter in the market depends on voluntary agreements between the parties, which can never become binding without a legal contract.…
z“Describe and account for recent trends in the Australian labour market!” INTRODUCTION The labour market (the market in which employers and employees interact to sell labour for wages) is a crucial part of an economy. For employees, it is crucial that the labour market provides them with their main source of income, and for the firms, their costs (and thus their profits) are also based on the labour market setting wages.…
Critical Review: The Common Place of Law The Common Place of Law is an interesting empirical research of legal consciousness that is actually a very strong logical theory, in which law is recognized as both constituting and being constituted by social relations and cultural practice. The question that Ewick and Silbey spawn their theory from comes from the classic question, “how is the law experienced” rather than “what is the law,” this was a very compellingly argument made by Ewick and Silbey. The latter question that I saw arise from their argument was from where did most of the classic legal theory and jurisprudence; and did they spring from the subset question “how is the law experienced”. Seeing that law is not something that only exist and can be studied, but law is created by the process of inquiry and definition.…
The political and legal system in Australia has provided both advances and setbacks for the Indigenous Australians. There have been many setbacks for Aboriginal people in their fight for equal legal and political rights like the legislation 's, constitution, voting rights and parliamentary laws. They have also had some gradual advances from the amendments to the electoral act, the 1967 referendum and Prime Minister Whitlams actions to give land back. Early on in Australia 's history Indigenous people had many setbacks in their political and legal rights. The Stolen Generation was a big setback for Aboriginal people.…
In a criminal trial, a jury is a group usually comprised of twelve randomly chosen adults, whose role is to hear evidence, apply the law as directed by the judge, and then collectively decide if the defendant is guilty or not guilty of the crime they have been accused of, based only on the facts given. Juries have played a significant role in Australia’s justice system for quite some time, though in more recent years the role of juries has been reduced. In 2011, the NSW government changed the law so that accused persons could apply for judge alone trials and, with consent from the Director of Public, avoid juries entirely (Whitbourn 2013). Currently there is much debate as to whether or not the jury system should be scrapped entirely for criminal trials in NSW.…
1. What is The COMMON LAW? What are some of the Common Law’s characteristics? The common laws were the laws of England.…
It is supposed to give back a voice to the people, and stop any corruption in governments. But the question to ask is whether the absolute separation of power actually exists in the Australian legal system. We can begin by looking at the billing process as a good example…
Whincup, 1992). The Normans introduced the institution of jury and the absence of the written letter of the law. Common law is laws that are known widely but may not be written down just common sense laws. Stare decisis is an important feature that developed from common law. British colonies adopted the common law as the law of the land.…
Statute law is the supreme form of Law in NZ. An example of an important statute in NZ is the Social Security Act 1938 which created various welfare benefits, including Superannuation and Unemployment, for New Zealanders in need. While statutes apply to every citizen in NZ, constitutional…