Common law rules

Chapter 5: PLEA BARGAINING 5.1 Introduction The justice system is the mechanism that upholds the rule of law. Our courts provide a forum to resolve disputes and to test and enforce laws in a fair and rational manner. The courts are an impartial forum, and judges are free to apply the law without regard to the government's wishes or the weight of public opinion. Court decisions are based on what the law says and what the evidence proves; there is no place in the courts for suspicion, bias or…

Khulumani v. Barclay National Bank, Ltd. Adopted in 1789, the Alien Tort Claims Act allowed even those who are not citizens of the United States to bring forth civil suits in U.S. courts for injuries related to violations of a U.S. treaty or international law. The plaintiffs in the case of Khulumani v. Barclay National Bank, Ltd sought damages against a collection of corporations including, but not limited to, BP, General Electric, IBM, Citigroup, Ford, GM, and Barclays. In Khulumani v. Barclay…

B. PUBLIC INTEREST EXCEPTION An exception to the common law duty of confidentiality permits disclosure of information where to do so is in the public interest. There have been no reported New Zealand or Australian cases in which disclosure of genetic information to at-risk relatives has been considered. While the public interest exception is notable for its flexibility, existing case law suggests that it is very unlikely the exception would be expanded in this instance. First, disclosure must…

example of the conservation of efficiency over morality is conviction of Adnan Masud Syed for the first degree murder of Hae Min Lee. While he may not be a victim of extreme circumstances such as the tampering of evidence he is still a victim of a faulty law system. The most glaring flaw in the case against Adnan is the complete and utter lack of any factual evidence. The only actual evidence that the state can supply in the case is a couple of fingerprints in Hae’s car that were a byproduct…

agendas, varying from activities such as hacking and terrorism. It is often difficult for domestic law enforcement and national security agencies to persecute criminals as there are multiple forms of disguising identity either through disposable technology or masking VPNs (Virtual Private Networks). The Telecommunications (Interception and Access) Act 1979 (Cth) was created for the…

police brutality will be examined in State v. Steele and Kingsley v. Hendrickson et al. In the past ten years, there has been an alarming rate of police misconduct and police brutality, which continues to be a problem in terms of prosecuting corrupt law enforcement officials in the field. A vast increase in the use of deadly force and police misconduct was conducted by Bowling Green State University, which evaluated 6, 724 cases in which a police officer was arrested for some form of police…

will ask sheriff, and/or any executive role officers to take actions in case of misconduct and to give proper training to their subordinate staff. I will ask them to implement the idea of procedural justice as identified by Professor Tom Tyler of Yale Law School . This is an evidence-based and cost-effective way to reduce crime. The several critical dimensions of procedural fairness identified by him includes (1) voice (the perception that your side of the story has been heard); (2) respect…

state law being that some decisions are unjust, unworthy of law. In my view, law as ‘state law’ offers the most compelling account for the paradox that is defining law. The following arguemnts will be premised upon the concepts of an unjust law still technically existing as law and the weaknesses that Socrates identifies for law as social order and law as justice or right as less subjective and more likely to hold true when the philosophy is applied to real situations. II. STATE LAW Laws can…

in the legal profession and requires many years of study and practice to be proficient at applying its principles. Even though it is difficult to grasp all the aspects involved in the different facets of the law as it pertains to business, understanding at least the basics of contract law is vitally important for managers and business owners because they will most likely be dealing with contracts on a regular basis in order to successfully meet their business obligations. A contract is a way…

core thesis that can be found in part I, that dissent is of importance in the legal system as it allows for all the potential and possibility in law to be achieved, is supported well throughout the article, as to be discussed in this essay. The article has the fundamental purpose of confirming that dissenting opinions are of value in the development of the law. The author demonstrates that dissent is an important topic to discuss…