In his book, Constitution In Exile, Judge Andrew Napolitano wrote: “Rooted in a Natural Law mind set, the Supreme Court clearly viewed the protection of the freedo of contract as a god-given right. So much so that the Lochner case, in which, the Court fully articulated the 1905 doctrine of liberty of contract came to define the time. Firmly, the Court established that the ‘freedom, or liberty of contract was a basic, fundamental right protected by the liberty and property provisions of the Due Process Clause of the fifth and Fourteenth Amendments’. As a natural right freedom of contract received the greatest judiciaal protection by the Constitution.” –p 108.
Spouses are no different. They are also protected by the same constituion and advocated …show more content…
The Respondent in this case had demonstrated cruel bahavior and dviolent act against his wife. He had ordered her from the family home and threatened to do her bodily farm. After one year of separation, the husband promised to change in order to convince his wife back home. Just about one month after moving back home, the husband continued abusing his wife. It’s not just his abusive acts, but he had continued to ill treated and cursed his wife on many occasions. Above all, he declared that he did not love either his wife or his …show more content…
There was not many chances to obtain direct evidence; therefore, most of alleged adulteries are based on cercumstantial evidences. However, in Capone, the court rationalized that “Proof to support the charge of adultery ‘must be sufficiently strong to lead the guarded discretion of a reasonable and just mind to conclusion of adultery as a necessary inference’.” Nowadays, the technology, iphone, iPad, body cameras, spycams and various hitech products (surveillance), public have seen by their own eyes so many videos, iamges posted on internet indiscriminately, e.g. Saudi case recently posted on Youtuble, has become the irreplaceable direct evidence to prove adultery or sexual assault. Beyond that, there are numerous circumstantial evidence which may convince the court of jury that certain party did in fact commited adultery, in various sexual acts, not necessary sexual intercourse, such as emails, photographs, social media,
Spouses are no different. They are also protected by the same constituion and advocated …show more content…
The Respondent in this case had demonstrated cruel bahavior and dviolent act against his wife. He had ordered her from the family home and threatened to do her bodily farm. After one year of separation, the husband promised to change in order to convince his wife back home. Just about one month after moving back home, the husband continued abusing his wife. It’s not just his abusive acts, but he had continued to ill treated and cursed his wife on many occasions. Above all, he declared that he did not love either his wife or his …show more content…
There was not many chances to obtain direct evidence; therefore, most of alleged adulteries are based on cercumstantial evidences. However, in Capone, the court rationalized that “Proof to support the charge of adultery ‘must be sufficiently strong to lead the guarded discretion of a reasonable and just mind to conclusion of adultery as a necessary inference’.” Nowadays, the technology, iphone, iPad, body cameras, spycams and various hitech products (surveillance), public have seen by their own eyes so many videos, iamges posted on internet indiscriminately, e.g. Saudi case recently posted on Youtuble, has become the irreplaceable direct evidence to prove adultery or sexual assault. Beyond that, there are numerous circumstantial evidence which may convince the court of jury that certain party did in fact commited adultery, in various sexual acts, not necessary sexual intercourse, such as emails, photographs, social media,