the accused of a crime. Trial by jury created justice and a fair trial for peasants and serfs, who had previously been tortured. From the perspective of the peasants and serfs, this essay will discuss what changed and what continued, in relation to law and order in medieval England. Discussion will include crime and punishment and the determination of guilt and innocence, from the perspective of peasants and serfs. Crime and Punishment in medieval England was brutal and harsh, violating all…
The adversarial system that is used in Australia is said to be more concerned with resolving disputes than in discovering the truth. The adversarial system is commonly compared to the inquisitorial system used by our European counter-parts, and each has their own advantages and disadvantages. The adversarial system seeks the truth through opposing adversaries competing by putting their version of the truth forward via means of evidence, witnesses and arguments that they have prepared…
Board was unjustified in looking to extrinsic sources to discern the HCGPP’s meaning. We disagree. “‘The first step in determining legislative intent is to look at the statutory language and if the words of the statute, construed according to their common and everyday meaning, are clear and unambiguous. . . .’” Johnson v. Mayor & City Council of Balt. City, 387 Md. 1, 11 (2005) (quoting Oaks v. Connors, 339 Md. 24, 35 (1995)). “If the language of the statute is clear and unambiguous, we need…
Unlike the inquisitorial systems found in Europe, American jurisprudence is based on adversarial litigation and “winning.” This adversarial system fosters an environment that has led to incivility amongst lawyers, their clients, and tribunals. Incivility has grown to be an epidemic amongst lawyers, and has caused state and national bar associations to acknowledge and mitigate it. Civility is a necessary quality of my professional identity for the following reasons. First, I value productive,…
have rights under the law and we can help you enforce those rights if a company fails to follow the law. Fair Debt Collection Rules Debt collectors are not allowed to contact you at inconvenient times. This means they can not call you before 8 in the morning or after 9 at night unless you give them permission. Debt collectors are never to call you at work if you tell them you are not allowed to get calls there. You can express this in writing or orally, and they must obey. By law, debt…
Complainant’s Position The analysis of Ron engineering case is the leading Supreme Court of Canada decision on the law of tendering for contracts. The case concerned the issue of whether the acceptance of a call for tenders for a construction job could constitute a binding contract. Ron engineering wanted their refund for 150,000$ deposit they did but afterwards realize they made a mistake. A call for tenders was sent out in order to get the $150,000 back which would be lost if the tendered…
The civil and criminal justice system in America relies heavily on juries in deciding a person’s guilt, innocence, or even determining whether a specific party should be held negligent for a particular action or inaction. Jurors are summoned to serve on a jury in the community which they live. Lawyers want citizens to serve on a jury who can listen to facts and come to a conclusion based on the facts put on at trial. Jurors are supposed to be unbiased in a case; however, that is not always the…
Justice Scalia was the valedictorian of his 1960 Harvard Law School class, served on the Court of Appeals for the District of Columbia Circuit, and was known for frequent questioning on the bench that explored “the nuances of legal text” (Oyez). Because of his time as a lawyer and his time on the Court of Appeals…
Sidhu v Van Dyke This High Court of Australia decision revolved around a building, Oaks Cottage, situated on a 32 hectare rural property in New South Wales known as Burra Station. The appellant, Mr Sidhu, lived in the main homestead on Burra Station. The respondent, Ms Van Dyke, and her husband lived in Oaks Cottage, approximately 100 metres away. Ms Van Dyke and her husband paid rent to Mr Sidhu’s wife in respect of Oaks Cottage. Both the main homestead and Oaks Cottage were located on an…
In the world there is always minority being pulled over, accused and harassed because of how they look or their lifestyle by the police. Adnan Syed was accused of killing Hae his ex girlfriend and was sent to jail. While there was more evidence to be seen and others to be questioned threw the trial. This is why Adnan Syed deserves an appeal because the jury was biased, the cops singled in on him, and his lawyer was not thorough. During court the jury is not supposed to be biased to either…