Federal Rules of Civil Procedure

generate a better solution in order to get a more harmonised results. There is modern jurists that mentioned maslahah as one of the proofs to invoke Istihsan in the field of Islamic jurisprudence. It is invoked when the application of the general legal rule causes inconvenience to be adapted to the modern society and results in undesirable results. It is an instrument of change and adaptability in the Islamic jurisprudence where it encourages and promotes the values of equity and fairness in…

to this is yes. The directive to provide a blood test for nicotine levels is three fold; one, it is an invasion of ones privacy to require them to provide this type of test when nicotine is legal, two, it is outside the scope of the CEO’s proper rules of conduct, and three, he is using his position of CEO to coerce and threaten them with their jobs if they don’t comply. 3. Can he offer compensation for participating in a cessation program? The short answer is yes. As a CEO he is responsible…

courts although, most cases do not even make it to court at all. Most criminal and civil disputes are settled outside of court due to not enough time and resources for each case to be heard and resolved. Cases heard by state courts are most criminal, probate, contract, tort, and family law cases. In civil court cases their is a plantiff that hears the case who will decide if it will be brought to state or federal court. You can only start in the district courts if your case meets certain…

their savings with a false promise of consistent profits in return. He was eventually caught in December 2008 and was charged with 11 counts of fraud, money laundering, perjury, and theft (Yang). On June 29, 2009, he was sentenced to 150 years in federal prison to pay the consequences of running the largest fraudulent scheme in United States history (Berman & Knight). Madoff was able to hold on to his investors and fulfill his promise of consistent return of profits by using the money from new…

step in. A draft is created for the law by an agency and it is reviewed. The Federal Register Act of 1935 and the Administration Procedure Act of 1946 requires that each proposed law after reviewed is published for the audience. This allows for the audience affected by the law to be given a chance to express their opinions. After this, the law is reviewed again and agreed upon and the final publication occurs. The rule then takes effect but can always be reviewed by the Congress or be legally…

Most governments all over the world exist mainly to invent and carry out policies to improve upon the livelihood Standard of its citizens. Research has established that citizens are more likely to hold accountable policies carried out by the regime when their inputs are selected into consideration at the preparation phase. Nevertheless, one of the reasons most public policies Fail and hence manifest in bad governance in developing societies like Nigeria is the fact that citizens lack access to…

The preliminary hearing provides a check against unwarranted prosecutions. Neubauer & Fradella (2014) teach, “During a preliminary hearing, the prosecutor must prove to a judge that a crime was committed and that there is probable cause to believe the defendant committed the crime. Given the low burden of proof, most of the time a judge finds that probable cause is present and orders the defendant held for further proceedings. There are very few cases dismissed at the preliminary hearing for…

allows following set procedures and routine. My current job definitely reflects…

can be submitted, what the jury is allowed to hear and the credentials of those allowed to represent the defendant” (Schmalleger, 2011, p. 20). Procedural law protects the rights of criminal suspects by specifying step-by-step rules that outline the legal criminal procedure by which the criminal justice system functions and the substantive criminal law can be enforced (Schmalleger, 2011). Procedural law acts as a balance between the rights of criminal suspects and the state’s interests in…

The accuracy of forensic science is important to improve. It is important to improve forensic evidence in litigation law, such as the Rule 702 and cases like the Daubert case (National Research Council, 2009). This case if all scientific testimony and evidence in court must be reliable and relevant. This is directly related to forensic evidence being able to be accurate enough to be used…