Precedent

racial minority in accordance with majority mentality without consideration of the minority’s feelings and the potential good that may come out of saving the group. Next, the latter of Williams’ effects is the precedent effect in which other agents may act in accordance with the set precedent in an alternate, dissimilar situation. A common element in both situations is that if neither men take responsibility, another agent will, resulting in a more unfavourable outcome in which both men take…

One of the legal precedents is Parens Patriae, this tradition maintains that the state has the responsibility to intercede in the life of a child when his or her family is not been able to do the job successfully (NCJRS, 2000). This gave the state the right to step in to place children into programs that benefited them. Another precedents is Parental Delinquency Laws, these laws specify that parents can be held liable for “contributing…

Constitution is thus necessarily subject to the restraints of due process, and regulation which is reasonable in relation to its subject and is adopted in the interests of the community is due process” (West Coast Hotel Co. v. Parrish, 1937). From past precedent in Allgeyer v. Louisiana, 1896, it is proven that there is a linkage between economic liberty and due process. However, the decision in it does not apply to this case because Allgeyer and Company’s liberty of doing business outside the…

although actus reus was proved, mens rea was not, because Mr. Howard didn’t hit Kyle on the head to hurt him, he only did so to keep the class going and prevent another student from facing harm. The Crown’s main argument relied on Mr. Howard’s precedent of being a harsh teacher, and his form of punishment could have caused emotional trauma. While this is legitimate, Mr. Howard is still protected under the criminal code. To protect Mr. Howard’s rights to discipline his students without being…

investigate the accusations of sexual assault claims against Senator Hill. The congressional power of inquiry is enforced both in Kilbourn v. Thompson and McGrain v. Daugherty, as well as the power to punish witnesses who do not comply. However, the precedent sent forth Kilbourn states that inquiries must not invade areas reserved to other branches of government, must deal with subjects of which Congress could legislate, and must be within the scope of a subject of congressional interest. The…

J. Cecelia Shaulis April 13, 2015 Pols-Y 211 Dalecki Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution. This means that they can declare federal laws…

Divergent Leader of England Queen Elizabeth I, commonly called “The Virgin Queen,” was the Queen of England throughout the late Sixteenth Century. She proceeded to become queen following her half half-sister, Queen Mary of Scots, reign. She set precedents in forth that are still being followed today many national leaders and everyday people. Queen Elizabeth I was a divergent, caring leader and the epitome of a non-conformist, revolutionizing a nation. Queen Elizabeth I aimed to protect her…

Goncalves-Peña writes about how courts have responded to variety of political asylum cases relating to gang threats in Central America. Specifically, she looks at how courts have interpreted the meanings and boundaries of political asylum. The article is analytical and references refugee law to define refugee and accounts of asylum. The article also looks at court cases, including INS v. Elias, Desir v. Ilchert, Zayas-Marini v. INS, and Osorio v. INS. The author explains that state policies…

Common law is the development of systems and rules to articulate a decision based on precedent, tradition and customs. History has developed, through these techniques, to create an ideology that results in a massive grey area within the words. Laws have and will always be words on a piece of paper, the customs of the laws are unique. These customs, precedents, and traditions have created institutional inequality built into the architecture of law. This relationship is presented by Galanter,…

two cases had on the nation. It has to take two cases to change the way people looked at the word “Equal”, and what it truly meant. Going back to the 1800’s starts the case of Plessy vs. Ferguson. Plessy vs. Ferguson case is a case that set a precedent of “separate but equal” was not the way we were suppose to be looking at black and white races. This case, Plessy got in trouble for sitting…