Jurisprudence

Our government is divided into three branches as a way to prevent power from becoming unbalanced. The three branches are the executive, legislative, and judicial branches. The president and his staff form the executive, and the Senate and House of Representatives compose the legislative. The Supreme Court is the judicial. The purpose of this (the three branches of government) is to enforce, make, and interpret laws. The executive branch of the federal government enforces the laws of the United…

this case were clearly divided among ideological lines, and there were fundamental differences in the interpretation of the law relative to the case at hand and the issue of racism and discrimination at large. Using a legal realist approach to jurisprudence forwarded by Jerome Frank in “Law and the Modern Mind”, this paper will explore both the majority ruling and…

Sayyid Qutb is another key thinker in Muslim Brotherhood. Similar to Hassan al-Banna, Qutb strongly believes that Islam alone has had the capacity to solve all the problems in the world and leads humanity into bright future under its rules and principles because Islam, according to Qutb, is “a practical way of life and its solutions are based on the foundation of the wholesome nature of man” (155). He also thinks that the struggle for achieving the dominance of Islam “is not a temporary phase…

1. Explain what the 5 Pillars of Islam are. The five pillars of Islam or obligatory duties to God are the profession of faith (acknowledges a single God and Muhammad was his prophet which affirms Islam’s absolute monotheism to model themselves after his messenger), prayer (has to be performed five times a day to worship God by the muezzin (caller to prayer) from on the top of a mosque’s minaret as well as facing towards Mecca in a set ritual as part of an individual and communal obligation),…

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 legal reasoning. There is no exact authority of…

NOW COMES the Third-Party Defendant, Health Management Associates, Inc., sometimes denominated as “HMA” (hereinafter “Health Management”), by and through the undersigned counsel, and files this memorandum in support of its Motion to Dismiss, with prejudice, all the third-party claims brought against Health Management by the Defendant/Third-Party Plaintiff and Counterclaim Plaintiff (hereinafter “Dr. Stout”). As context, Plaintiff Statesville HMA Medical Group, LLC (hereinafter “the Practice”)…

Now coming to the second and most important part of Juvenile Justice i.e., the Justice itself. We need to understand What does justice seek to achieve? Extracting eye for an eye is not an objective of the punitive powers of state rather our justice means something more and meaningful, or else it will suffocate to death, the hope of using the Justice mechanism in a constructive manner applying corrective method to bring back a delinquent to the right path and rehabilitating them back in the…

The common law states anyone who assisted a person to bring about his or her death ought not to be subjected to criminal consequences even for those acting in a professional capacity, if found to be assisting or encouraging a person to commit suicide within their professional powers, they are likely to face prosecution in accordance with Section 2 of the Suicide Act 1961. In addition, if they are involved in arrangements amounting to euthanasia they will be prosecuted for manslaughter or murder.…

1. In what ways are the concepts of “crime” and “justice” related? What makes them different? Develop an example of (1) an unjust crime, (2) a just crime, (3) legal injustice, and (4) legal justice. How do you deal with the various cases you have described? How does your community deal with each? How does our country deal with each? After a crime has been committed, the desired outcome for the community is justice. This could be through retribution, punitive damages, or punishment for…

The United States (US) Supreme Court (SCOTUS) decision of Griswold v. Connecticut, established there is a right of privacy protected by the Bill of Rights in the US Constitution. Nevertheless, there is no such word of “privacy” in the entire US Constitution. The precedent established by Griswold v. Connecticut, has been used to decide various landmark cases. Decisions such as Roe v. Wade regarding abortion, and Lawrence v. Texas regarding sodomy, have been influenced by the precedent established…