Fairness Doctrine

Contract is an agreement between two or more parties that is indented to be legally enforceable. A contract can be in writing or made orally and can be entered into by signing a document, agreeing to something on the telephone or clicking on ‘I agree’ on a web page. There is a distinction between B2B (also know as, business to business) and B2C (business to consumer) contracts. In its simplest form, B2B refers to transections between two businesses where both the buyer and the seller are…

depends on the other matters including procedural fairness, efficiency and the quality of the rules. This report also reinforced the tenets of the presumption of innocent until proved guilty, that the accused is under no obligation to assist the prosecution and that “in the interest of the community that the risk of conviction of the innocent be minimised even if this may result in the acquittal from time to time of the guilty”. This doctrine of evidence law, particularly in the criminal…

answered are, is Jack mature enough to take a decision, regarding his cancer treatment and whether “mature minor” doctrine comes into play in refusing the medical treatment. There is also the question of child negligence by father as petitioned by the child protective services. The arguments of the parties are, Jack argues that, he came to this conclusion only…

made by the American judicial system but paid for by indigenous people who to this day suffer from the effects of American settlement. As reviewer Christopher Tomlin writes, "Robertson's narrative is far less concerned with parsing its legal doctrine, than with the historical circumstances of the case itself." Robertson begins his story in the middle of the 18th century,…

the Convention . The Courts will then consider the reasonableness of the restriction and if it is necessary in a democratic society. In making this decision, the court will apply the doctrine of proportionality. The doctrine of proportionality relates to the interpretation of statutory provisions to maintain fairness and justice. Here, the court ensures that the means employed to achieve a goal, impinges on the minimum extent to preserve the interest of the public. The court will consider if…

Introduction Legal formalism is a belief, in the capacity of legal rules, to determine the outcomes to legal disputes without having recourse to the judge’s political beliefs or sense of fairness. Formalism posits that judicial interpreters can and should be tightly constrained by the objectively determinable meaning of a statute; if unelected judges exercise much discretion in these cases, democratic governance is threatened. Legal-formalist have been severely criticised by, among others,…

philosophy based on Kant’s categorical imperative has always been to be happy and true to myself. My personal ethical maxim, on the other hand, has always been to be considerate and kind to those around me. I was taught since an early age Aristotle 's fairness philosophy, treating equals equally and unequals unequally. My parents and siblings taught me to have good manners, to speak the truth, and to be respect those around me. Even though I try my best to be kind and respectful to others at…

John Rawls in his “A Theory of Justice” tries to identify an alternative viable theory of social justice to other predominant doctrines, which have dominated our philosophical tradition. While the author acknowledges that most citizens and institutions recognise the principle of social justice, he also underlines that their conceptions on the distribution of basic rights and duties are influenced by their interests and hence, are not always to the advantage of all citizens. In fact, Rawls…

Common law and the Doctrine of Precedence are vital parts of the Australian legal system that enforces that cases of similar nature are treated in a similar way. This principle has been present within Australian courts since the country’s colonisation in 1788, and has continued to aid courts in the decision of verdicts to the current day. Before the 13th century in England, trials for cases concerning the law were carried out through ways of feudal law, which is the notion that wealthy men…

media, as it “cannot act as a watchdog for the public, which is its Constitutional role” (“Rules for Media Threaten Free Speech” 2). Resulting from the Fairness Doctrine that was revoked in the mid 1980s because its suppression of viewpoints on public issues, a new FCC restriction, the Localism Doctrine, has been attempted to be put in place. The Doctrine would further implement government restrictions on television media, placing government opinions in the mouth of journalists if their…