Procedural law

to political standings. The courts are viewed, as impartial interpreters of the law. In contrast, people perceive that lawmakers are political in excess. If a party has majority, it has to power to influence what kind of policy is enacted, or not enacted for that matter. Politics is how things get done in the legislative branch. Courts have no power to actually change law. Even the Supreme Court cannot change the law, merely declare it unconstitutional. This gives the illusion of having no need…

“Freeze! put your hands up”. The purpose of the Miranda rights is to safeguard the Constitutional rights of each citizen of the United States of America.The fifth amendment of the Constitution in particular protects the person from incriminating themselves. Imagine if you got arrested and the fifth amendment is not read to you. “Have you been to jail? ‘No?’ Well now you are going there.” Do you ever fear you’re going to jail for no reason without warrant of arrest or trial by jury? How would you…

Introduction Within the Canadian criminal justice system, the concept of due process maintains fairness and equality for everyone involved. All accused parties are given the ability to be presumed innocent until proven guilty, therefore, the onus is placed upon the prosecution to prove that the defendant is indeed guilty beyond reasonable doubt. Since the introduction of the Charter of Rights and Freedoms as part of the Constitution Act, 1982, the rights for the accused have increased…

are times when such interrogations can lead to the juvenile giving a false confession to a crime that they have no detailed knowledge about because the child will feel that it is the expectation of them. Sometimes even just being in the presence of law enforcement officers is enough intimidation for the juvenile to give a false confession so that they can have a sense of euphoria in the idealization that they have done the right…

decentralisation with shifting focus to the mechanisms used to control the labour market; in particular, employment protection laws such as those surrounding unfair dismissal. In effort to find ways to deregulate the market by regulating it in ways that would…

From a written viewpoint, the idea of having a different legitimate structure for juvenile guilty parties is moderately new. All through history, children as young as 7 years of age who were blamed for crimes were detained with adult offenders. In the mid nineteenth century, the thought of changing youth guilty parties flourished in the United States. The House of Refuge in New York, which opened in 1824, was the main juvenile place of change in the United States (). This was the primary attempt…

It has to be so open, obvious and apparent that the owner has the opportunity to declare their title rights. See Klein v. De Rosa, the law admits that after 15 years, the proprietor has consented with the usage. The Reasoning The easement helps increase the value of the property than utterly facilitating a passage to the grantor. The absence of inheritance in terms are insignificant when…

raised in state courts (Steiker and Steiker, 2006). The application of stringent standards for appellate review has exaggerated the difficulty for reversal (Joy and McMunigal, 2003). The capital punishment system, collapsing under the weight of these procedural problems, has been depriving individuals’…

‘The interpretation of the law falls within the function of the Judiciary,’ like within the case of the Queen v. Dudley and Stephens. This responsibility that the judges and lords have when preceding over cases, particularly ‘hard cases’, has resulted in several different theories developed to aid the judge. One of which is the positivist school of judicial reasoning associated with the work of Austin and Hart, and a counterpart of Dworkin’s interpretive model. Lord Coleridge’s verdict in the…

Abbott v. Gould, Inc., 232 Neb. 907, 443 N.W.2d 591 (Neb. 1989) Facts: Several former employees and personal representatives (Plaintiffs) of Gould, Inc. (Defendant/Appellee), sued to recover damages against their former employer and Robert J. Fitzgibbons, Sr., M.D (Defendant) based on allegations that they were responsible for damages based on their conduct. The Defendant demurred in part, on the grounds that the district court lacked subject matter jurisdiction in the matter. The Defendant…