Judicial discretion

However, the constitution forbids new laws concerning slavery till 1808. Some believed that slavery should not expand west, although it ended up being the states choice. In Virginia, all slave owners were allowed to free their slaves at their own discretion as of 1782. Furthermore, our national debt “according to Hamilton’s calculations, reached a daunting size of 77.1 million,” (Founding Brothers p.55). Not everyone agreed with Hamilton’s action plan…

Elements of Battery The law of torts is the compensation of losses suffered by private individuals in their legally protected interest through socially unreasonable conduct. Moreover, the law of torts seeks to protect bodily integrity and is actionable per se. Consider the following case of Moon v. Whitehead, the legal issue considered was consent in the tort of battery. Ms. Whitehead the respondent, plead that she retired to bed in an apartment she and the appellant were sharing in Sydney for…

The book “Tyranny of Good Intentions” reviews how the American justice system and the government have shifted over time. The book highlights accidental/and/or unforeseeable consequences of otherwise well intentioned policies and laws. In their book, Paul Roberts and Lawrence Stratten argue that a legal system designed to protect individual rights and ensure justice has become hostile and prone to abuse. The book starts out by highlighting the many cases in which citizens have been targeted, had…

As a result law, rooted in dharma and based on caste was neither egalitarian nor recognised equality of all before law. Caste was the undercurrent in deciding duties, rights or judicial punishments. The higher orders were shielded and were the beneficiaries of extreme privileges while the burden of obligations largely fell on lower orders. Noted scholar, Romila Thapar who has compared the Buddhist and Hindu traditions commented that as Buddhism was a reaction against caste, they recognised that…

aspects of medicine, such as surgery and trauma, use blood transfusions for the preservation of life. Philip Baron, a professor or law, argues that the state has interests in preserving human life as well as “protecting the professional ethics and discretion of the medical profession”. These two interests create conflict between upholding patient autonomy and preserving human life. Medical and legal precedents provide physicians with ways to treat Jehovah’s Witnesses that consider both the…

In the United States, the use of mandatory minimums became commonplace with support from both sides of the political spectrum. With public support for tough laws, these sentencing minimums were enacted across the country due to increasing crime rates. However, in certain states, lawmakers and taxpayers are beginning to see that these laws cost more than they help. In Tallahassee, Florida, a twenty-five-year drug sentence for selling thirty-five pills for $300 will cost taxpayers an average of…

maintain its secrecy. The law of trade secrets, unlike the law of patents or copyright, is a creature of the common law rather than of statute. The development of the law of trade secret is based on cases brought before the court and the court has the discretion…

Gerrymandering is very essential in our society because it entitles equal representation of seats that represents each district. Gerrymandering is a method that filters seats in the House of Representatives, no state will have too many seats and nor too little representation depending on the census, which is conducted every ten years. Gerrymandering is a method that filters out the too little representation or too much representation for each state district. This term brings a balance of…

Although Secondary Victimisation affects a victim in a severely psychological level, sometimes understanding why the criminal justice system might put regulations on a victims’ statement or powers might help. The Government is the person/group technically suing the offender, not the victim, is by technically the victim would have no say on any deals made by the prosecution. The rights of Offender; legal Counsel, to be included and informed of all actions; right to a fair trial; ‘Innocence until…

The two most important resulting features of implied powers are those of law making and foreign policy. The President has broad discretion in choosing how to exercise these implied powers. Second, these implied powers are not plenary in nature. They are subject to three basic limitations: (1) the President may not, without congressional authorization, use these powers to change domestic…