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 legal controversies can be so complex that it must keep going up the judicial system until the highest authority determines the absolute verdict.…
Civil laws are laws that are set in place to help protect people rights when it comes down to person to person. One example might be landlord, tenant situation where the tenant is failing to pay rent which was agreed upon, and an agreement was signed. This is where civil law would step in and assist the landlord. As described in our book, Criminal law is dealing with wrong doings against society. These laws are put in place and have consequences.…
Our Federal Court system is primarily composed of three high power jurisdictions that operate much differently than that of the state courts. Federal Courts consist of federal district courts, United States courts of appeal, and the Supreme Court of the United States; however, these courts have limitations in cases that solely focus on the Constitution and federal law. Federal district courts are considered general trial courts that consist of over six hundred and seventy-five district court judges nationwide, and they have ranked the lowest courts out of the entire federal court system. United States courts of appeal, however, are ranked second in the system and are composed of six judges on the first circuit and can reach up to twenty-nine…
1. Introduction Focusing on the case of Daniel Garcia, this paper examines the limits of a universal individualist legal framework for the rights of undocumented migrant children in Canada. Daniel Garcia was an eighteen-year old when he was apprehended by police in Toronto and deported from Canada in 2011 (CITE). As the analysis will show, this case exemplifies the problems of Canada’s Immigration and Refugee Protection Act (2001) and sheds lights on how the law breaches children’s rights as defined by the UN Convention on the Rights of the Child. It is an exemplary case of how a universal rights framework has serious limitations for undocumented migrants, including children, arguably the most vulnerable undocumented migrants of all.…
Social and human service workers are likely to become involved with the processes of the Australian legal system as part of their evolving practice. The legal system and human services professions may function in parallel or even mutually opposed. However, they often seek the same outcomes or changes, especially in relation to the disadvantage and protection of vulnerable people (Kennedy, Richards, & Leiman, 2013). This paper will describe a case observed at Beenleigh Magistrates Courthouse, its role and place in the Australian legal hierarchy of courts. Then it will explain the roles and responsibilities of the court personnel, including the potential roles of social work/human services personnel in this case.…
Sometimes in the United States legal system there are flaws that are glossed over in favor of convenience. This system has been supported by the fact that the legal system is recognized for quantity of cases that it solves rather than the quality of the cases. The average American citizen is actually the main cause for these flaws due to their lack of understanding of the legal system as a whole. Unless a case is particularly devastating the average citizen won’t even hear about it, but will instead continue to praise the legal system because they feel that is working well without any first-hand knowledge of whether this information is true or not. This practice almost encourages the United States legal system to quickly spit out cases that may not be carried out well, but encourage that sense of safety, thus creating flaws in the system.…
Once we mention the great contribution that America has done for itself and citizens, it must be the Constitution. The great Constitution created the relative integrated law-making system for America. As we know, no single country or government can stand without laws, and there is no doubt that an influential law-making system can bring most of the benefits to the government and citizens. In addition, the part of the Constitution that has the important function and great effect on law enforcement is the three branches of the Constitution. The three branches are legislative branch, executive branch and judicial branch.…
Studying the law, on the outside, seems to be dry as dust. With the archaic wording of the law to the sheer volume of laws to keep track of, it’s easy to dismiss law as only being important to attorneys and those that work for them. Yet law isn’t a world of its own. It is our world. A key part to understanding our world is understanding our laws, as both shape the other.…
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.…
The United State’s Constitution helped establish the judicial system under Article III with three sections going over the judicial powers, trial by jury and original jurisdiction and jury trials, and treason. The courts are structured and function by the use of the constitution. Danielle Finck tells us that “The judiciary, established in Article III of the Constitution, is the least well-defined of the three branches of government. Article III speaks of judicial power that is vested in a Supreme Court and of the power of the Court to hear cases arising under the Constitution of the United States” (139). The judicial system uses the court to show its power in the government and the policies made.…
However, the author is perfectly aware of the boredom of his incipit, yet he decided to keep it. The reason is strictly connected to the essence of every legal system: its legitimacy and authority are achieved by following formalities and patterns that make the law predictable. Doing so, the people can have the…
In criminal process the defendant is one of the main subjects of law. Deprivation of liberty places the individual in a situation extremely vulnerable. It is important that the deprivation of liberty to be more limited and strictly follow the procedure defined in international documents and national legislation. The right not to be deprived arbitrarily of their liberty is a fundamental right and is expressed in all documents for human rights. Personal freedom is closely related with the concept of human dignity and it is a prerequisite for enjoying freedom and other human rights.…
The legal system of various countries relies upon the legal structure and legal traditions that have been recognized within that countries justice system. There is an historical attribute to many justice systems but many countries tend to navigate towards a modern way of operating. The customs and traditions these countries are accustomed to have evolved to address modern situations and therefore we will analyze the legal system of Greece and the country of Kazakhstan. Based on information about the government of Greece, its governance is a centralized state where the earlier system of government was established by the Turkish administration (Lambropoulou, 2005).…
Civil law systems give their legislatures the power to make laws not to judges. Judges in this system makes their decisions based on legal codes, laws, and statues. Each case that a judge hears is treated as an individual incident without precedent. In the Islamic system the Qur’an, the Sunna, judicial consensus, and analogical reasoning are the basis for judges to make decisions (Vago,…
Law is a set of rules. Law can be utilized to anyone and is to restrict the human. The Malaysian Judicial System is based on the English legal system which succeeded by the history of the British. Malaysian Judicial System set for the cases like criminal and civil litigation. Litigation is a court process of starting and sustain or protecting a legal action.…