to Carmen (2010) “Under the exclusionary rule, evidence obtained in violation of the Fourth Amendment cannot be used in a criminal trial against the victim of the illegal search and seizure. The Constitutions does not require this remedy; it is a doctrine of judicial design.” Mr. May’s invokes his Fifth Amendment to remain silent and request an attorney; at this point Cruz and Hamrick have no choice but to hold him over to see a magistrate to a preliminary hearing. During the preliminary…
they use the power of constitution to divide people like thin rail tracks that separate societal groups by virulent discrimination. The dictators there will arrest, attack, or even kill some individuals who dare defy their party, disapprove their doctrines, and expose their mistakes. On the other hand, the constitution of democracy should be better because the balance of justice determines the sense of human rights, as well as decide the destiny of a country. Eventually, negative or positive…
The separation thesis suggests that the law and morality are distinct in terms of conception. In this regard, the definition of law should be completely freed from moral ideals. Moreover moral considerations must not be included in the definition of legal terms such as legal validity, laws, and legal systems. Legal positivism suggests that there are no moral constraints on the validity of legal rules. The positivist community agrees that it is possible to have legal systems without moral…
Significance of the Title The novel’s title is used symbolically. It shows the nature of capitalism. In the title, the nature of capitalism is depicted as a competitive one. Just like in the jungle, where creatures compete for survival, there is a lack of fairness in this era of capitalism. 5 Sinclair depicts the world of Packingtown like a Darwinian jungle. In this jungle, the strongly structured animals prey on the weak structured for survival. 4The weak are struggling for survival, and the…
Social network sites are an evolving form of communication that has allowed individuals from all societies to share their ideas and concerns through the internet. People use social network sites such as Twitter, Facebook, Email, and other sites to display and send messages that can either be positive or negative. Initially, individuals used these social network sites to strengthen their relationships with their friends. However, as social media developed it has divided individuals, which damaged…
Legal systems can be dated back to the ancient peoples. There are many different legal systems that have evolved in other parts of the world. There are two types of legal system, the secular and religious legal system. It is argued that the Australian legal system is radically different to other legal systems. This, however, is not the case through findings and comparison with the Madayin legal system and Talmudic Jewish legal system. There are many similarities found such as the outcome that…
as to avoid federal regulations or limits, as by donating to a party organization rather than to a particular candidate or campaign. 7. Separation of Powers- Separation between, the executive, judicial, and legislative branch. 8. Prior Restraint Doctrine- is censorship imposed, usually by a government, on expression before the expression actually takes place. An alternative is to allow the expression to take place and to take appropriate action afterward, if the expression is found to violate…
see the personality and political orientation of individual judges, community sentiments, particular economics realities, and political imperatives as all contributing to the growth of statutory law and judicial decisions. In other words, a legal doctrine can be understood with an empirical study of the social, economic, and political context in which this principle takes shape. Karl Llewellyn, perhaps the most prominent of American legal realists, has noted that realism is less a philosophy of…
As per the first question SC learned defined “state” under article 12 of Constitution. Even though BCCI at time performs functions for the public, it may not make much difference in the case. To define the state, court though of many case such as Sukhdev and Ors. etc v. Bhagatram Sarfar Singh Raguvanshi and And. etc (1975) SCC 421, in this case question was whither or employee under Oil and natural Gas Commission and Indian Fiance Corporation and Life Insurance Corporation under Article 14 and…
Christianity and Islam have many similarities and some fundamental differences. In God is Not One (2010), Stephen Prothero emphasizes the differences among the faiths. In contrast, in Huston Smith’s book, The World’s Religions (1958), Smith emphasizes what religions have in common. The differences among the faiths were mainly addressed by Stephen Prothero – such as: the Bible and the Qur’an, sin, and what happens after death. Opposed to Smith, who mainly focused on what the religions have in…