and rape. We will focus on the Civil War period, specifically, how rape, race were connected to consent and how they differ in antebellum and postbellum period. According to Diane Sommerville “The legal definition of rape throughout antebellum America turned on the use of force and the lack of consent.” (43). This shows us that rape was either through coercion or lacking of consent, however, rape in nineteenth century depends…
they conducted a negligent investigation in relation to the balcony rapist and failed to warn women whom they knew to be potential targets of Callow of the fact that they were at risk. Secondly, she said that the MTPF being a public body having the statutory duty to protect the public in accordance with the Canadian Charter of Rights and Freedoms and may not act in a way that is discriminatory because of gender. On the other hand, a few years ago I knew someone personally who was sexually…
Rape and assault are not kidding social and general medical problems in the United States. Ladies are overwhelmingly the casualties of rape and assault, while men are about dependably the culprits. Ladies are far more averse to report an assault or attack when they know their aggressor, consequently case of rapes are extraordinarily under-revealed. There is an infinite difference between rape and sexual assault. Rape is the crime normally dedicated by a man, about forcing someone else with…
What is rape? The definition of rape is the crime of forcing another person to have sexual intercourse with the offender against his or her will. Rape is not as black and white as the definition portrays it. Laws about what rape is and isn 't differ from state to state and even country to country. In the United States of America, it is illegal for an eighteen-year-old to have sex with someone who is 16, but in Great Britain, the age of consent is 16. Not only does it vary from country, but also…
Public Administrators are often placed in a situation that requires them to practice discretion. By discretion, I am referring to the ability to decide and make important decisions, when instructions are not clear or given; on what is right and wrong in a particular situation. This goes back to Finer and Friedrich on how they believe public professionals should handle situations. Finer suggested that they should strictly follow the guidelines of the legislature. While Friedrich stated that they…
Task 1 Judicial precedent is based on the Latin maxim: stare decisis, meaning 'let the decision stand '. Precedent in law is to follow a previous judgment or decision that has been made in court. This is recorded in a law report, and used as an authority for reaching the same decision in subsequent cases. This makes precedents binding, and therefore they must be followed through the court hierarchy, from the Supreme Court down to the Magistrates. Distinguishing a case means a court decides the…
TASK 0NE BY SAM; Judicial precedent is quite a broad doctrine in the English legal system, means a fundamental legal principle or decision made in a higher or lower court in hierarchy, the decisions made may usually influence the future occurrences by either becoming binding or persuasive precedents. The doctrine is highly influenced by three Latin legal terminologies which are; obiter Dicta, ratio decided and stare decisis. In the persuasive precedent where court is not obliged to adhere to…
Statutory interpretation may be required when the meaning of the legislation enacted by the Parliament is unclear. This may occur due to many reasons such as; legislation failing to consider a specific point, a broad term being used to cover numerous possibilities , ambiguity, a drafting error, new technological developments, and changes in the use of language over time. In this essay I will attempt to answer whether statutory interpretation gives unelected judges unprecedented power to…
Are here any limits on the principle of Parliamentary Sovereignty? In answering this question, I will first set out a traditional definition of Parliamentary sovereignty. I will then consider two different senses in which it might be said that there are limits on Parliament’s sovereignty. Parliamentary Sovereignty: a Definition The 19th century constitutional theorists, A.V. Dicey defined the doctrine of Parliamentary sovereignty (hereafter ‘PS’) in two parts: firstly, he argued,…
them you can become confused and frustrated. If you have been injured on-the-job, terms and dates have probably come up that you just don’t understand, and now you are overwhelmed. One of those terms you may have heard is “statutory employer.” Who is a Statutory Employer Statutory employer is a term used in the Colorado Workers’ Compensation Act, specifically at C.R.S. § 8-41-401. It states: Any person, company, or corporation operating or engaged in or conducting any business by leasing or…