Case law

If we were to have a government that is structured on just one person in power, it could be another repeat of Hitlers ruling. With multiple people being in power, it makes sure that no one single person can create an oppressive ruling with unfair laws and punishments. With the separation of power, there are three branches in charge of running the united states; the legislative branch, the executive branch, and the judicial branch. Each branch is in charge of their own specific government related…

well in this case. The Legislative branch made the law to where all voting age was 18-years-old in National, State, and local elections. The Executive branch enforced the law, and then the Judicial branch interpreted and checked the law and ended up sending it back. The Justices said that only the States, and not the Congress, have the authority to establish the qualification rules for voters in State and local elections. Legislative looked back over the law and passed a different law stating…

The legal principle upon which a case is decided on is called the ratio decidendi. With reference to cases Donoghue v Stevenson ,Tucker v News Media Ownership Ltd and Caparo Industries plc v Dickman, I will be arguing that it is better to state the ratio of a case broadly. In section I, this essay will examine the flexibility that broad rationes bring in relation to Donoghue v Stevenson. In section II I will reason how broad ratios avoid silos, with regard to the flood-gates argument. Section…

Marbury vs. Madison Marbury vs. Madison is one of the most important cases in the Supreme Court because it had been declared the power of judicial review. In 1803, William Marbury had decided there would be a justice of the peace for the District of Colombia in the last hours of the Adams organization. Marbury, with three other individuals, requesting a writ of mandamus. Thomas Jefferson's Secretary of State, James Madison, had declined Marbury's commission. A writ of mandamus is a specific…

important for the federal system that the Constitution is the “Supreme Law of the Land”. This is because it is necessary to have something to base everything off of in order to ensure fairness and order. Before the Constitution, the states held all the power. Government only had the ability to enforce the will of the separate states. Government had no power to collect taxes, declare war or form an army; everything was dependent upon the laws of the states. For this reason, chaos was seen…

In this case, the employer was not made aware of the illegal status of the employee until after a settlement had been agreed upon between the employer and the NLRB. Therefore, “if an employer unknowingly hires and unauthorized alien, or if the alien becomes an unauthorized worker during the employment, and the employer learns that the alien is an unauthorized worker, the employer is required to discharge the worker from employment” (Fuqua, 2009, p. 214). Under the federal and state laws…

The essay debates whether law systems are vulnerable and at risk of being corrupted as the society is complacently accepting what is being done is done under the authority of law. This questions a lawyer’s responsibility in reviewing the law but also deciding whether is is justifiable. The argument is explored in relation to capital punishment as it is a complex and multifaceted concept which obtains various perspectives on whether it is just and fair. Although, the law system implements an…

The case of Kansas v. Hendricks, 521 U.S. 346, (1997), is a United States Supreme Court case involving the constitutionality of a state civil commitment law, and how that law was being applied to persons who had been convicted of certain crimes. The law in question, was designed to civilly commit people who had a history of predatory sexual violence, and who had a personality disorder, or who had a mental abnormality (Cornell University, n.d.) In generic terms, the law was designed so that…

issue regarding racism in the law enforcement system. Statistics in regards to minorities and white people are included to show in numbers how people are actually being affected by the treatment of those in law enforcement. Two college campus rape cases are discussed in order to display the difference in sentencings given to two athletes of different races. Lastly, the ideas of institutional racism as well as the Implicit Bias theory are explored. Keywords: racism, law enforcement, minorities,…

violation of a suspects rights it is important to look at was the law says. Miranda v. Arizona established that a defendant must be read their rights prior to custodial interrogation; if an offender is in jail he is in fact in legal custody, so he must be read his rights prior to law enforcement questioning. If an informant questions another inmate in exchange for personal benefits, i.e. a lighter sentence, he is indeed acting on behalf of law enforcement and this is a violation of the…