Civil law

I. THE THIN SKULL RULE AND THE FAULT: The Thin Skull rule is considered in the element of causation. However, due to the flexible attitude of the courts and case law (S v Van Den Burg) that has considered the foreseeability theory in legal causation. It can be said that the rule traverses a very thin line between causation and fault, specifically strict liability. The distinction of the thin skull as a ‘magic circle’ by Dean Prosser: “It is as if a magic circle were drawn about the person,…

In John Locke’s Second Treatise: “The True Original, Extent, and End of Civil Government,” he discusses the natural state of man, and the privileges that a man living in his natural state has. A man in his primitive, or original, state is allowed perfect freedom to all the resources that he may use. He is allowed the right to “punish the transgressors of that law to such a degree,” (Locke) but he must also work to preserve the rest of mankind that is operating within the natural state. Locke…

respect for the social contract and civil disobedience seem to be in direct opposition of each other. However, as king argues, by breaking unjust laws and accepting the chosen consequences for breaking the law the proponent of civil disobedience displays a rich love for the law. Similarly, Socrates values the law above all and honors his commitment to the Athenian law until his death. While some may argue that this affection prevents him from practicing civil disobedience; their argument…

What is civil forfeiture? This law is a nationwide procedure; however, Mississippi is considered the worst for encouraging this abuse called policing for profit. It’s a law where police and prosecutors confiscate the private property of an individual who is allegedly suspected of an illegal drug activity but has never been convicted. “What (doth it) profit, my brethren, through a man say he hath faith, and have not works?” (James 2:14 KJV). The state and federal civil asset forfeiture laws,…

Civil unions can also be referred to terms such as; domestic partnerships, and registered partnerships, all of which hold a similar meaning. The establishment of Civil Unions legally grants both heterosexual and same-sex couples rights similar to marriage in the states of Colorado, Hawaii, Illinois, and New Jersey where the legislation is lawful and will be recognized. Civil unions were first established in the country of Denmark in 1989 with the legislation of Denmark's National Registered…

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 people, who have a history of sexual violence, and who were…

concept of civil disobedience with the usage of several examples such as civil rights movement, and Pussy Riot act to support and substantiate the discussion. First, the concept will be defined, highlighting the contested nature and perception of it in the academia, as well as functions and critique of it. Second, the debates around the concept will be discussed. Afterwards, the questions of a moral right to civilly disobey the law will be discussed on the basis of the example of the Civil…

protested unjust laws, gone to war against tyrannical governments, and fought for the freedom of themselves and others. And in the modern day, as news spreads globally faster than ever before, people are always hearing about injustices, whether they be oppression of free speech in China, oppression of immigrants in America, or oppression of homosexuality in the Middle East. One method that people have devised to help stem the tide of injustices and oppression is to engage in civil disobedience,…

Civil disobedience is an peaceful act of disobeying a law or demand of a government or higher power. Nonviolent protest has been demonstrated since the ancient Greek times to the segregation of blacks and whites to today’s media. In various literature several authors had characters demonstrate the act of civil disobedience, however, this act has also been demonstrated by real life people such as Rosa Parks and her refusal to give her seat up for a white man. Film is another way civil…

they have to judge a case with the law of congress and the constitution to be able to see if it constitutional or unconstitutional. Overtime in the Supreme Court, there have been many cases with civil right and civil liberties. When defining civil rights, it is the rights given to citizens and is protected by the nation government. As all American citizens have freedom and rights that cannot be taken away. A Supreme Court case that has to do with an American civil rights is United State v.…