36. a) Yes, because even though Peterman only provided Fogelman with a contract of agency that allowed him to sell the home, it can be inferred that he is also allowed to sell the piano that was still in the home. It does not have to be explicitly stated in the contract of agency. b)…
The four foundations of correctional law are constitutions, statues, case law, and regulations. The constitution are the fundamental law in a state or federal document that discusses basic rights for individuals. The Bill of rights provide protection against government action that violates basic rights and liberties, however inmates have a restriction to these rights three inparticular are institutional order, institutional security, rehabilitation of inmates. Statues are laws created by the people’s elected representatives in legislatures. State legislators can grant specific rights to inmates beyond those conferred by the state or U.S. constitutions.…
Civil Liberties are laws that protect the citizens from the unjust government interference. In the United States, Civil Liberties are and were not freely granted, they are fought for and won in the Supreme Court. They determine the constitutionality of the laws passed by the state and the Federal government, a power they granted themselves with Marbury v. Madison. Through jurisprudence Americans have become more free. A significant case that has drastically effected our society is Griswold v. Connecticut.…
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.…
In the movie M, the criminals themselves captured the culprit for the murder of the children and they are holding a “criminal’s court” or “Kangaroo Court.” In this trial, the audience can see no matter what the circumstances are procedures and trials are important. Despite that these people are criminals; they are still holding a trial to convict the murderer and to punish him for the crimes that he committed. However, they did not employ the full extent of the law (procedures). Criminal law is a system of law that has to do with punishing those who commit crimes.…
Crimes have existed for ages, even though countries have enforced laws and punished those who commit them. Countries also increased the size of the police as well as the law enforcement, but still people violate the law. When watching a TV show, or reading a newspaper, or listening to the radio, it is really impossible to avoid hearing or reading about crimes, including murder, robbery, abuse, or any violent act. With the increase of crime, criminals, and the gathering of evidence, “Herbert Packer (1968) described two competing models of the administration of criminal justice models: the crime control model and the due process model” (Cole, Smith, & DeJong, 2015:27). , in order to protect citizens from the lawbreakers and receive justice.…
In the history of the United States, from the time period of 1857 until 1896, the Supreme Court, a national branch of government designed to interpret the Constitution to decide what is and what isn't constitutional, denied civil rights to Blacks to a great extent. With this denial of civil liberties, life for Blacks became filled with injustice in society, unequal treatment, and poor living conditions. Throughout our history, Blacks have been treated unjustly, and from 1857-1896, the Supreme Court had the power to correct these errors; however, they instead contributed to them. A tremendous amount of cases of indicating civil injustice towards Blacks had been brought up before the Supreme Court. However, two significant cases that made a tremendous…
Civil liberties are fundamental human rights that the government cannot control and provides people protection from the government. On the other hand, civil rights are obligations required by civil society for civil participation to be achieved and require the government to be a part of in order to function properly. The difference between a civil liberty and a civil right is a civil liberty is a protection from the government and is considered to be natural privilege, however, a civil right involves the government to work with the people and is a civil duty. An example of a civil liberty would be the freedom of religion which means the government cannot control what religion is practiced by society protecting the people from the government controlling the people.…
The first 10 amendments of the Constitution, written by James Madison, known as the Bill of Rights contain much of our individual civil liberties and rights as citizens of the United States. The United States is known as a free country, where we have the liberty to our own personal freedom, an orderly government, as well as equality for everyone. However, above all else, freedom should prevail because without it, our civil liberties as citizens would be limited against the government and there would be no equality when each individual has no freedom. Civil liberties are protections against government actions, some examples would be: right to privacy, right to free speech, and our right to freedom.…
Newspapers were the primarily source of the news during the 1800s. Since the early 19th century when the Magna Carta was established Americans had the constitutional right and duty to participate in the process of justice by law. In the constitution American has the right to judge other own liberties against the government institution. When women were not allow to participate in the jury process, the jury was consisted of 12 white male Americans. Using a form of outside source to be involved in a criminal case allowed for people to have an active voice in the deciding of how American demonstrate own liberties in society under the Constitution.…
Criminal law is a system constructed to punish those who commit crimes such as personal, property, statutory infractions. Punishment is built-in the criminal justice system because it is intended to reduce and/or eliminate behavior that society deems unacceptable. Firstly, retribution is a rationale of punishment that fits the sayings "an eye for an eye." This technique works in favor for those seeking criminals to receive their "just desserts" as well as distinguish the justice systems effectiveness towards wrongdoers.…
Criminal thoughts are not penalized by criminal law because it is hard to determine whether or not the person is actually angry, aggravated, annoyed or is actually ready to commit a crime. The harm happens when thoughts are translated into action (Carper, McKinsey, 2008, p. 228). Someone might claim they were hurt or harmed by those words, but there is no proof to determine that. However, proof can be displayed if the individual actually commits the crime. The Government would just gain more power to invade our individual privacy, if they charged people over criminal thoughts.…
Criminal cases are cases in which you break a federal law and are heard in a federal district court. With a civil case, an example would be, if you were trying to sue an agency or someone of the government for violating your rights. The second level is U.S. Court of…
The goal of civil law is to resolve disputes between parties (individuals or entities).2 For example, in the preceding illustration, you had a dispute with a fellow student. The civil law system allows you, the injured party, to resolve your dispute in a civilized, orderly fashion. Without this option, you might be tempted to ‘‘take matters into your own hands.’’ The defendant in a civil case does not have to worry about the possibility of incarceration. On the other hand, incarceration and fines represent the goals of criminal law.…
CIVIL vs. MILITARY LAW When civilian law and military law gets talked about, there seems to be surprise and confusion between the individuals speaking about the subject. Most people do not realize there are the two different laws that exist. When law is talked about it is normally assumed that the conversation is about civil law. If talking to a military member, the conversation might be assumed that it might be military law that is being discussed. There are about five major differences between civilian and military laws.…