Procedural law

creative role in shaping the law depends on the legal reasoning we believe in (Part B) and what our conception of the law is (Part C). This essay will take the position that judges do shape the law, however the extent of which is contingent on our belief of what the law is. Consequently, the type of law we believe in, and how Part C impacts our views on the extent of judges and Parliament’s roles in determining the law will be discussed. The underlying logics of public law will follow, and the…

The Sierra Club maintained that many parts of the future development breached federal laws and regulations controlling the conservation of national parks. Sierra Club maintained that they had standing to take legal action due to they were a "membership corporation with a special interest in the conservation and the sound maintenance of the…

Fidelity to the law and specifically the constitution and the effectiveness of the measures taken to curb crime have for a long time been the yard sticks used to measure the accuracy of actions taken by police officers. The authors point out that police officers do not…

WEEK 8 REFLECTION Is lawmaking a procedural or political process? How? Lawmaking is a political process. It starts with a bill etering the House abs the Senate. The bill is then referred to the sub-committee for for hearings and mark-ups. After that the bill is returned to the House and Senate Floor for debate and amendments. Then to the Conference committee for reconciliation of the differences between House and Senate. If majority of conferees from each body approves the reconciled bill it…

The first authoritative source that has been used for the presentation is a book called ‘Medical Law’. Chapter 9 of the book provides detailed information about the pathways available for the detention of an individual under the Mental Health Act 1983 (MHA 1983). According to the book, section 2 and section 3 of the Act are the main grounds for compulsory detention. The purpose of section 2 is to carry out a detailed assessment on an individual and then to decide whether there is a need for a…

we must recognize and interpret its meaning. The Fourth Amendment is the protection of our citizen privacy against certain governmental interferences (Bohm & Haley, 2014, p. 105). The procedural rights of The Fourth Amendment are the search and seizure of citizens property and/or person in violation of the criminal law, with a meaningful interference by the government. There has to be probable cause. A search and seizure have to be within reason, with a descriptive warrant explaining exactly…

Crimes Act 1900 (NSW) was also refused. Additionally, witnesses have appealed and want publicly funded legal representation as well as Mr. Kalajzich as he believes without it there would be no fair trial because he could not afford it. The common law; however; does not recognize a right of an accused to be funded by public representation. Rule-…

barons in the 19th century although they are not unethically tormenting they are breaking this class down.We see this every where in our country and its been going on for decades. Although we cannot stop all this from happening we can and have created laws the protect our young to help them become better than those who wish to throw away their privileges or to one day be the one to make the difference.…

Cooper (2014), offers a distinction between liberal justice; the protection of values reasonable people hold and Dr. Tyler’s procedural justice, in which he describes and defend in his lecture; Legitimacy of Policing; defining how people feel about legitimacy in laws and those who are charged with upholding the law. Citizens express a strong opinion toward justice and the law but more importantly, they express those opinions through their behaviors and actions (Tyler, 2012). It is this…

due to a surplus of cattle in Texas. The law required that the Crescent City Live-Stock Landing and Slaughter-House Company allow any person to slaughter animals in the slaughterhouse for a fixed fee. Butchers sought out a suit to challenge the monopoly, stating that the state law violated their right to practice their trade. Procedural History: Privileges or Immunities Clause of the Fourteenth Amendment declares: “No State shall make or enforce any law which shall abridge the privileges or…