Stare decisis

“Substantive criminal law arises from and defines the basic values by which members of society are able to live together with mutual respect. These are rules by which citizens determine what is right and wrong, what conduct is tolerated and what behaviour is condemned by the larger community.” (Davison, 2011). The Criminal Code of Canada as well as the Charter of Rights and Freedom reflects the social norms and the values upheld by the members of the Canadian society. This essay will be…

Good morning. My name is James Davis, and I am the prosecutor representing Jane Smith, age 36 of Raleigh, North Carolina. Our honorable judge, I trust that you will engage in the entire judging process in a rational, complete way, just as you would as the chief evaluator of any other case under your jurisdiction. After applying relevant rules and significant precedents to our current case, you will undoubtedly arrive at a solution where you will inevitably side with either the husband, the wife,…

1. Describe the importance of the Fourteenth Amendment of the U.S. Constitution on education in Texas. The importance of the Fourteenth Amendment is to furnish a basis for litigation against schools including claims to freedom of speech, press, and religion, due process, and rights to privacy. 2. What rights do parents have within Texas schools? How do these compare with parents’ rights in general? ▪Texas law on the other hand provides significant support for parent rights. ▪Parents are…

In 1787, the framers of the United States Constitution effectively separated the federal powers of the United States government into three separate but equal branches. These branches, the Legislative Branch, the Executive Branch, and the Judicial Branch, were all given specific powers that were outlined in their respective Constitutional articles (I, II, III). Specifically, the Judicial Branch was given the power to interpret the law by Article III of the Constitution. The Judicial Branch’s…

Our country’s past is full of heartache, promising times, and achievements. The Civil Right Movement had its perks and downfall in our country. Imagine us taken twenty steps forward, just to fall fifteen steps backward when trying to get equal rights for everyone. In my assignment, I will be discussing some of the events that occurred in this era of time and including some of my knowledge of them. I will be breaking up my events into three sections, going from the cases of Plessy v. Ferguson…

Foster v. Chatman Late 1980s a young man named Timothy Tyrone Foster, age 18 black African-Americans was charged with the murder of a white elderly woman named Queen White. During the court-martial, the persecuting attorney decided to use his Peremptory Strikes to remove all four black jurors. The prosecutor violates the race-neutral acts, the members of the jury pool used extreme strategy against the race matching of the defendant. Under the Supreme Court’s decision in Batson v. Kentucky, it…

Supreme Court. Marbury brought his case to the Supreme Courts under Article 2 Section 2 seeking a writ of mandamus making his case originating in the Supreme Court and not an appellate review. Marshall uses Original Intent, Original Meaning, and Stare Decisis as he uses the literal meaning of Article 3 Section…

.The division of power in Australia is the principle that sovereignty should be divided between the federal government and the state government, an example of this would be the case of the Commonwealth v Western Australia (1999) This case involved the implementation of the Mining Act 1978 (WA) to an area in Western Australia that under Defence Force regulations had been asserted as a defence practice area.The Commonwealth petitioned to the High Court for declarations that Mining Wardens do not…

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…

Justice is Not Just The justice system does not give a fair trial to those outside of cultural norms. These norms usually consist of “white, middle class” people. Trials are unfair because of stereotypes held by jurors and biased opinions against the poor and minority populations. These problems have been entrenched in our culture for centuries and are exposed in popular media and culture. Not only does the 1957 movie, Twelve Angry Men, show these biases, they are also shown in the more recent…