Legal separation

What if survival meant killing and eating the flesh of one 's own camrade? Given the choice between starvation and cannibalism, how would one make a cogent decision? That is exactly what occurred in Professor Lon L. Fuller 's fictional, legal case titled, "The Case of the Speluncean Explorers." The investigation explores the circumstances involving the death of a cave-explorer, Roger Whitmore. In summary, five cave-explorers were trapped in a cave after being blocked by a landslide. Fortunately…

Declaratory Theory Is A Fairy Tale Blackstone proposed the declaratory theory, namely judges are ‘not delegated to pronounce a new law, but to maintain and expound the old one’. Lord Esher’s judgment in Willis v Baddeley contended that judges ‘frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.’ They believe that judges’ role is just to discover law and apply it to different circumstances. However…

A sole proprietorship is a business in which the business has no legal existence separate from its owner (Entrepreneur, n.d., para. 1). In this form, Tilly would maintain all managerial control of the business and would only have single taxation. In order to obtain the necessary capital to start her business, she would…

speech and the right to worship. Meanwhile, a positive right is a claim to some good or service, such as rights to education or health care. Rights are also separated into moral and legal forms. A legal right is stipulated in a civil legal code, whereas a moral right is often defined as transcending local legal codes. Legal rights include the right to an attorney or to bear arms while moral rights include the right to life or the right to autonomy. 2. The two major views on the relationship…

Throughout history, there has been many debate over theorist in which set of laws is right to live by. Natural Law is one of the oldest theory of law that deals with human nature and sets of moral principles from god. Natural Law theorist such as, Aristotle, Immanuel Kant, and John Locke obey the laws that promote the greater good for society. The other law is Positivism; Positivism is the opposite of natural law where humans such as, the government and legislatures create the laws. Positivist…

consequences for any inaccurate information that they provide (Bright et al. 230). The GAL has proven to be one of the most discriminatory efforts of the court because the GAL often times favors the father over the mother and because they face no legal ramifications, they can falsify testimonies, which leaves the child in the hands of the lesser parental guardian (Neustein et al. 88). In Brisco v LaHue, it was determined that the GAL is guaranteed absolute immunity in the judicial process…

Australia is said to be a democracy and seen as being about the people, and fair for all. Thus, separation of powers was formed to make sure that this is the case. Separation of powers puts the institutions of government into three different branches. These branches are: The legislature which make the laws; the executive government put laws into action; and the third brach,the judiciary interprets the laws. Separation of Powers is said to be the cornerstone of fair government. It is supposed to…

rules and regulations that must be followed by the Australian people, government and legal system. One segment of the Commonwealth of Australia Constitution Act (1901) is considered to be a major base element of how Australia is run. This segment of the constitution is largely prescribed in the first three chapters of the Australian Constitution; this concept is often referred to as the Doctrine of the Separation of Powers. It…

specific ideas about how to create a government that was against the abuse of power. His main contribution to America’s system of constitutional government is the principle of the separation of powers by dividing the government into three branches: the legislative branch, the executive branch and the judicial branch. The separation of powers is a division of power among the three branches of government that serve two purposes. The first purpose is a part of the Madisonian system of checks and…

attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law. There are five main principles that constitutionalism is derived from, those principles are: Separation of Powers/ Checks and Balances, Federalism, Stare Decisis, Judicial Philosophy and finally the Protection for individual rights. Each of these aspects play a key role when dealing with constitutionalism. Throughout the book Toobin shares…