Supreme Court of Canada

process or collide with the rights of others” (McCarthy et al., 2014, p. 98). The Supreme Court applies the First Amendment in many cases regarding free speech. Through these various cases, the Supreme Court has established four legal principles to guide student expression rights in public educational facilities (McCarthy et al., 2014, p. 95). The first decision on student expression rights heard by the Supreme Court was in 1969, in the Tinker v. Des Moines Independent School District. The…

Howard and treated his symptoms. He was screened and subsequently admitted to the hospital. The court did not find the defendant in violation of EMTALA. The plaintiff party appealed the decision. In the appellate decision, the courts ruled for the Plaintiff, declaring that EMTALA requires a hospital to treat a patient with an emergency condition in such a way that, at the time of the patient's release, no further…

so, the court can command the witness to produce the relevant articles which might enlighten the judge or jury over the case. These relevant articles may be documents, papers, articles, record, exhibits, microscopic slides, test results etc. EVIDENCES PRESENTED The evidences presented by the expert witnesses are Exculpatory evidence, Inculpatory evidence and Demonstrative evidence. An Expert Evidence is Fact Evidence not Hearsay Evidence. Hearsay Evidence is not acceptable in the court of Law.…

In the creation and exploration of a good government the ideas of antifederalism and federalism are to be examined. Federalism creating a strong national government inturn a nation brought together and united while antifederalism being smaller pieces being united and leaving a nation divided. The support of antifederalism can be seen in Lincoln's Inaugural Address: I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I…

The United States Supreme Court case of Miranda v. Arizona was one of the most unique cases in US Supreme Court history. The case developed an issue for Congress if there could be a fair trial in States courts with a defendant’s rights not being given after they’ve been detained for their given crime. The result of the Supreme Court case of Miranda v. Arizona helped justify the full knowledge of legal and citizen rights that a defendant has in court. Ernesto Miranda was a Hispanic male who was…

The Teletubby with a Motive The newspaper details the event of a peculiar man, Terez Owens, dressed in a teletubby costume who broke into his friend's home and stole food a couple days before Halloween. Though the friend chose to press charges over the damages made to his house from the break-in, the man is only charged with "criminal mischief and disorderly conduct" (Weinreich, 2014). Owens had broken a window and door, cutting himself in the process , and then raided his friend's fridge for…

identities intended to mislead law enforcement. Prior to the trial, Selalla claimed having limited knowledge of English and in response, the trial court hired a Spanish/English interpreter to assist Selalla. However, the Public Defender’s office took liberty in hiring another interpreter to facilitate communication between the defense counsel and Selalla. The trial court then dismissed the interpreter it had hired citing that retaining more than one publicly-funded interpreter is unwarranted.…

Weber specifies formal and substantive rationality in terms of law making (legislation) and law finding (adjudication) as the two central aspects of law. Weber categorizes law making and law finding processes based on their rationality and formality. This leads to a classification of law as rational or irrational according to either their formal or substantive aspects. As a result, a fourfold ideal-typical types of law emerges; formally rational, formally irrational, substantively rational and…

The second amendment was one of the original rights added to the constitution in the United States Constitution Bill of Rights. It was accepted into law in December 1791. The law states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” This means that the people have the right to carry weapons and join in militias. The amendment was added as a compromise between the Federalists and the…

direction of a matter presented to them without the interference of preceding or strict regulations that are established by statutes (Bushway et al. 2012). Judicial discretion is assigned by the legal apparatus within a given jurisdiction, meaning that court decisions may be subject to contest through the utilization of higher powers. Judges are supposed to practice the discretion allowances up to the limit specified by the law, failure to which decisions may be subjected to comprehensive…