Procedural law

the study of the law as a therapeutic agent. TJ focuses on the law´s impact on emotional life and on psychological well-being. TJ humanize the law and the legal process with emotional aspects. TJ is a perspective that regards the law as a social force that creates behaviors and effects. These effects fall within the realm of TJ which goals is to give the law more value through justice and due process. The concept of therapeutic jurisprudence TJ is an interdisciplinary study of law and its…

Thus in the Slaughter house cases (1873) 16 Wallace 36 and III J Hunn v. Illinois the court was prepared only to accept the procedural interpretations of Due Process and was not prepared to "Constitute the Court as a perpetual censor upon all legislation of the States, on the civil rights of their own citizens, with authority to nullify such as it did not approve as consistent with those rights". The facts of these cases may be noted to be as under: The slaughter house cases (1873) 16 Wallace…

Procedural History: the Magna Carta case was only heard in the Supreme Court, the reason of it only been to the Supreme Court is because Magna Carta was the most important documents in history as it is outlined main and basic rights of everyone, and it also defined that everyone was subject to law, including the king. Since it was a incredibly significant case it was only heard by our senior judges in the Supreme Court. Summary of the facts leading up to the case being brought: Richard I of…

Muller v. Oregon (1908) Facts: Curt Muller was convicted of violating Oregon labor laws, by making a female employee in his Laundromat work longer than ten hours in a single workday. Procedural History: Muller appealed his conviction to the Oregon Supreme Court, which upheld the original conviction. The case then was brought before the U.S. Supreme Court. Issue: Whether Oregon’s labor law which prohibited women from working longer than ten hours in a single work day interferes with the…

Colonial Puritan philosophy regarding juvenile behavior was enacted into law, in 1646 Massachusetts passed the Stubborn Child Law, which created the first status offense which was an act considered illegal for minors only. Also, according to the common law, a youth under the age of 14 may or could be adjudged incapable of discerning right from wrong this appeared to the court and jury that he could discern between good and evil. These trials and punishments were based on age and any one older…

Most jurisdiction do not contain provisions dealing with consolidation and neither does the UNCITRAL Model Law on International Commercial Arbitration. The U.S., England (sec. 35 Arbitration Act 1996), France (art. 1520 Code of Civil Procedure), Switzerland (art. 373(3) Code of Civil Procedure) , allow consolidation only if parties consent thereto. Some countries…

rights due to its personal, unique makeup and the fact that it is stored in a database. The consideration for all members of society is still a struggling issue as the rights and freedoms of criminals are still at risk within the boundaries of the law. It is questioned whether DNA…

many instances where it does not that can lead to barriers for youth who are in conflict with the law. First I will look at a few instances where the YCJA complies with the UNCRC. The first principle that YCJA adheres to is the dignity and worth of the child as well as reintegration, in article 40(1) of the UNCRC it states, “every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity…

component of The Bill of Rights. Research by the Legal Information Institute (n.d.) Illustrated that The Fifth Amendment is divided into criminal and civil laws. In criminal circumstances, it guarantees the right to a grand jury, forbids double jeopardy, and protects against self-incrimination. In terms of civil rights, it requires that due process of law be part of any proceeding that denies a citizen life, liberty, or property when the government takes private property for public use. To…

bondage and subjugation, in the past it was legitimate to purchase slaves and after period of time you can offer them, so they were regard people as same as the merchandise. There was no law to secure individuals in numerous countries around the globe. That made a few nations to consider the human rights and make a law to control these rights and to leave every single individual in peace with no kind of discretionary oppression. For example, Universal Declaration of Human Rights in 1948, the…