Case law

coming to it at middle age after years of private law practice, as is the pattern in the United States” ( 427). In the two senates they are divided into three chambers with three members and one member from one of the senate is the president of the ruling and in the other senate is the vice president. The set up and divisions are a little more complicated than the straightforwardness of the United States…

Chapter 15 There are two universal categories of law that American court cases proceed under. These two are called the criminal law and the civil law. In the United States, there are court systems at both the federal and state level. The federal courts decide cases addressing federal laws, treaties with other nations, and the Constitution, while the state courts hear only cases involving questions of state law. Only a very small percentage of the cases decided are heard in the federal courts.…

minded about the idea that two women or two men getting married. In the case of Halpern v. Canada [2003], seven gay and denied lesbian couples from getting civil marriage licenses in the City of Toronto. Claiming that the actions of Clerk of the City of Toronto violated their s.15(1) Equal Rights in the Charter of Rights and Freedoms, they decided to take the case to the Divisional Courts, where they would decide whether the common law definition of marriage violates the couples’ rights under…

Argumentative Essay- Michael Fay Case In 1994, the United States grew buzzing with debate about a particular case of vandalism in Singapore. The defendant’s name? Michael Fay; an American teenager living in Singapore arrested for stealing street signs and vandalizing cars. Everyone from all around the US began to debate on whether or not caning- the punishment received for vandalism in Singapore- was well- deserved or “cruel and unusual punishment.” While The New York Times’ editorial…

what citizens think of though. The Stand Your Ground laws may bring positive change in some states but in others it can cause the total opposite. In the article "There is No Need to Change the Stand Your Ground laws" they think every citizen has the right to the new law to defend their self when they feel threatened. In the opposing article "Stand Your Ground" Laws Legalize Vigilant Racial Profiling" they tend to see this law as a bad idea. This law to them is a ticket to kill or harm who ever.…

The laws modern society has in its legal system are more or less directly related to the moral principles of its people. Actions such as theft, murder and rape are unanimously immoral, which in turn makes the action illegal. However, some immoral actions do not have a legal counterpart, which could be due to a disagreement between two sides of an ethical dilemma. When this happens, legal action might occur in order for one side to transform their position on the matter into law. Sometimes these…

the justices opinions on the case? To begin with, He argued the the law was not a regulation of commerce. He believed the 10th Amendment gave the power to the states to make rules for child labor. His freedom and property which was protected by the 5th Amendment gave the right to allow his children to work. What were the majority and minority opinions of the Supreme Court? The majority was William Day and the minority was Oliver W. Holmes The background of the case was that children could have…

The Epochal Case of Marbury vs Madison Most historical and legal scholars describe the Marbury v Madison case as epochal, I agree. In my opinion the Marbury v Madison case is epochal because it was the first time a law was studied to see if it was unconstitutional or constitutional, it also established new responsibilities to the Judiciary branch. It also gave the Judiciary branch the responsibility of upholding the Constitution, and the right to see that no written law was in conflict or…

dives into law. Hart went he positivist route and stated that law and morals were separate. Fuller's response debated that morality was the source of law and its binding authority. I think this debate is not as prevalent and significant as other debates because the Hart-Fuller debate doesn’t just full on disagree with each other, but come to an understanding on certain aspects. A positivist (Hart in this debate) believes that morals and principles should not and do not coincide with law making…

Realists and HLA Hart. How do judges apply the law? This question has stimulated many theories about how far legal rules guide a judge when it comes to their foremost job: decision making. Does a judge simply just apply rules to the facts of the case? Of course, “the importance of rules as a basic building block of law can hardly be doubted,” but it is argued that judicial discretion can also be a powerful tool when it comes to making judgements within the law. There are differing schools of…