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Essay The English Reformation
The English Reformation
During the reign of King Richard II "England was experiencing her first serious outbreak of heresy
for nearly a millennium." This widespread heresy, known as Lollardy, held the reformation of the
Catholic Church as its main motivation, and was based upon the ideas of John Wyclif, an Oxford
scholar. "All kinds of men, not only in London but in widely–separated regions of the country,
seized the opportunity to voice criticisms both constructive and destructive of the present state of the
Church." While commoners protested and pressed for reform, going so far as to present their
manifesto, the "Twelve Conclusions," to Parliament, members of the royal household were
protecting John Wyclif and his ideas, John of ... Show more content on Helpwriting.net ...
"It thus followed that it was the duty of the king to reform the Church." Eleven years after Wyclif's
death, a group of Lollards came before Parliament with their complaints, and asked "the Lords and
the Commons in Parliament to lead the way to reformation."
Wyclif's, and by extension the Lollards, views also included the supreme importance of the
Scriptures as a guide to living a Christian life, as opposed to the Catholic view which placed the
Scripture along side the advise and beliefs of the Church hierarchy. This resulted in the translation of
the Gospels and the Bible into English so that all people could read and understand the Scriptures.
The Lollards rebelled against the idea that the host and wine could be turned into the body and blood
of Jesus, "and called for a return to primitive simplicity and morality." Two main areas of contention
for the Lollards, as well as the royal administration, however, were the Church's exorbitant wealth
and the supremacy of the pope. After the Peasant Revolt of 1381 "priests did their best to associate
the attacks by peasants on ecclesiastical and secular property with Wyclif's teaching on lordship
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Judicial Synthesis Essay
After the Revolution, the new American country wanted nothing to do with anything that looked like
a monarch or strong central figure. However, the weakness of the Confederation government and the
incredibly powerful state legislatures caused many to reconsider the need for an executive. During
the Constitutional Convention, a debate rose over the strength of the executive, and whether or not it
should be subservient to the legislature. During the convention, the faction that favored a weak
executive came out ahead, with the convention agreeing on a leader that would serve for a single
seven–year term and be appointed by the legislature, however the executive would have a veto
power. Trough savvy navigating during committee action, Gouverneur ... Show more content on
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By making the tie breaker go to Congress, he was able to get the rest of the framers to agree with his
plan. He also used extremely vague language in the vesting clause, which left a lot a leeway for
future presidents. Interestingly, the framers spent no time debating or clarifying this language like
they did with both the legislative and judicial branches. There are three predominate theories about
the power of the president and executive branch; constitutional theory, stewardship theory, and
prerogative theory. Constitutional theory argues that presidential power is strictly limited to the
powers enumerated in the constitution and those granted by Congress. Stewardship theory on the
other hand holds that presidents can do anything not explicitly forbidden by the constitution or laws
passed by Congress under its constitutional powers. Prerogative theory is the most expansive, and
argues that the president may act according to their discretion for what they feel is best for the
common good, without heeding laws and sometimes breaking them. One of the clearest example of
this theory is Lincoln's actions during the Civil War, when he took steps like suspending the writ of
habeas corpus around the nation's capital to help the war
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Aristotelian Ethics and its Context Essay
Ethics as Politics: On Aristotelian Ethics and its Context
ABSTRACT: This paper argues that the assertion of Nicomachean Ethics I.ii that the art that treats
of ethics is politics is to be understood properly not in the sense of politics qua nomothetike but just
as politike, i.e., direct, participatory politics as was enjoyed in the Athenian polis and as the formed
background to Aristotle's philosophizing on the nature of ethics. The ethical import of politics can be
retrieved from Aristotle's Ethics (in both versions) and Politics by dwelling on the connection of
eudaimonia and humanity's function as such. Aristotle does not construe this function as
contemplation but rather as the practical application of reason–reason leading to ... Show more
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In a word, I suggest that increasingly for us (as for republican antiquity) ethics expresses itself as
politics, by which I emphatically do not mean "ethics is ideological politics," but ethics increasingly
expresses itself for us as direct, participatory politics. (2)
In saying that ethics expresses itself as politics I mean that political activity itself, not the policies or
institutions it seeks to implement, functions as ethical ground.
Aristotle's Nicomachean Ethics commences with the–for moderns–startling suggestion that the art
that treats of ethics is politics. (3) While Aristotle does not immediately make plain the sense in
which politics is "authoritative and architectonic" for ethics, he later (Book VI.viii.l/2; 1141b25)
specifies it as nomothetike, i.e., the legislative (or better, constitutional) branch of politike. Aristotle
concedes a source of confusion here: nomothetike is one branch of a body of knowledge (politike);
but the other branch, for its part, goes by the same name: politike! (1141b25–26). Of politics in this
other sense
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The Habeas Corpus Law in the US
Habeas Corpus U.S.
Introduction
Many may not know this but following his inauguration, President Obama did put in some orders to
basically just shut down the U.S. prison at Guantanamo Bay within one year. However, about two
years later, nevertheless, Obama's plan to close Guantanamo is in disasters. In excess of 180
prisoners that still remain at Guantanamo, and new legislation is making it tremendously
problematic to transfer extra prisoners from the naval base. Defense Secretary Robert Gates lately
named the forecasts for conclusion "very, very low," and the management is trying to press forward
with new military command trials that are at the base. In a lot of different ways, the United States is
actually further from closing Guantanamo now than it was after Obama's inauguration. However, if
we go back to the Bush years, we will discover that actually right after the U.S. attack of
Afghanistan in 2001, the Bush administration had started developing a plan for holding and
questioning apprehended prisoners. Most of these prisoners were then sent to a prison that was
inside a U.S. naval base at Guantanamo Bay, which happened to be on land that had been rented
from the supervision of Cuba. Ever since 2002, over 800 men were held as prisoners at "GITMO." A
Most have been let go deprived of charges or revolved to other administrations. In 2011, Congress
exactly forbade the spending of reserves to transfer GITMO detainees to imprisonment amenities
which are in the mainland
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Procedural Analysis : Procedural Fairness
"The concept of procedural fairness forms the basis for a ground of judicial review under the
common law and the ADJR Act, requiring that certain standards and procedures be observed
throughout the decision making process. In subjecting an administrative decision to judicial review,
a Court will be restricted from looking at the substance of the decision maker's assessment of facts,
and can only examine the process by which that decision was made". Outline the elements required
in order to have an administrative decision subject to judicial review. Explain the concept of
procedural fairness in this context, and to what extent is the above quote an accurate reflection of an
individual's right to access judicial review. Make reference to the ... Show more content on
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It applies not only to decisions made by the judicial branch of Government; nowadays, decisions
made by executive bodies which take on an administrative role are also subject to the same rules.
The implementation of privative clauses into legislation has in some circumstances limited the
access of an individual to judicial review of decision, subsequently leading to recurring controversy
in regards to whether or not a failure of an administrative body to observe procedural fairness
provides a ground whereby an individual should be allowed to access the Court to have a decision
reviewed. In Australia, the main source of judicial review is found within our Constitution; s75(3)
states that High Court with have original jurisdiction over all matters in which the Commonwealth,
or a person suing or being sued on behalf of the Commonwealth is a party, and under s75(5), will
also have jurisdiction over matters where in which a writ of Mandamus or prohibition or an
injunction is sought against an officer of the Commonwealth . With the High Court's jurisdiction
essentially defined by a series of constitutional writs, 'jurisdictional error' has become a unifying
principle for judicial review . In order to evaluate the ability of a person to seek judicial review of an
administrative decision, it is essential to understand how our system has developed over time. It is
important to
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Habeas Corpus Essay
What comes to mind when you hear "The War on Terror"? For someone like myself I immediately
go back to my tenth grade English class the morning of September 11, 2001 and the devastating
effects of terrorism and what we as a country need to/ should do to keep ourselves safe. Sometimes
you need to detain a large quantity of suspects to find the few terrors amongst the many innocent,
Habeas Corpus is made to help protect and weed out the innocent and when that right is violated in
hopes of find the bad within the good it is no longer an acceptable way to fight terrorism. Several
case have come to the Supreme courts and no one can clearly answer to what extent the war on
terror justifies the President's unspecified time limit on enemy combatants ... Show more content on
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This shows us how important the framers viewed Habeas Corpus. Today we see Habeas Corpus
being used in a multitude of different ways. It can apply to conviction reprieve in criminal matters
even after the final judgement. It is applicable to people in police custody but are not charged with a
crime. It applies to those who are awaiting trial but who have not been able to make an excessive
bail. It applies to death row prisoners who challenge their death sentence and to inmates who remain
in custody after their sentence has been fulfilled. Habeas Corpus applies to both adults and children
whose liberty is restrained in some manner but are not in the actual custody of police or other public
authority. It also applies equally to those who have been detained because of mental conditions. It
extends to those who are already released on bail and who are challenging the manner and/or power
of the limitations that bail places on their liberty.
Six weeks after the events of September 11, 2001, President George W. Bush signed the United
States of America Patriot Act and it restricted the Writ of Habeas Corpus for our resident
immigrants. The purpose of the act was to seal up the cracks from the assortment of anti–terrorist
laws Congress had passed during the previous decade. President Bush's speech in November 2001,
targeted terrorists and terrorism
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An Examination of the Boundaries of, and the Theoretical...
TUMAINI UNIVERSITY
IRINGA UNIVERSITY COLLEGE
FACULTY OF LAW
RESEARCH PROPOSAL
RESEARCHERS:
❑ JESCA KABISSA ❑ PETER R. THADEO
SUPERVISOR:
❑ MISS. RUHUNDWA
TOPIC: AN EXAMINATION OF THE BOUNDARIES OF, AND THE THEORETICAL
JUSTIFICATION FOR JUDICIAL REVIEW IN TANZANIA.
CONTENT PAGE 1. Introduction
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2 1.
Administrative Authority, the overview ––––––––––––––––– – 2 2. Types of Administrative
Authority ––––––––––––––––––––––––––– 2 2. Useful of the study ... Show more content on
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This shows us that, the administrative authorities practice or perform functions of legislature and
judiciary: this is so because of the impossibility in having rigid form of separation of powers due to
complexity of modern conditions. Generally, for administrative authority or executive to function
well, it needs legislative powers in order to make rules on how to enforce law and also judicial
powers to decide on their own merits. That is why the delegation of quasi–legislative and quasi–
judicial functions to a number of administrative authorities and tribunals has become unavoidable. 1.
Useful of the Study
Tanzania is a democratic and socialist state which adheres to multi–party democracy[5], governed
with democratic government based on the basic constitutional principles[6], therefore, this study
will be useful in examining the boundaries of judicial review and indicate clear whether the
government of the United Republic of Tanzania, by allowing the judicial control over administrative
actions, generally adhere to the basic constitutional principles.
Background to the Problem
1. Judicial review, defined
Judicial review[7] is the court's power to review the actions of other branches or levels of
government especially the court power to invalidate legislative and executive
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The Removal of the Cherokee Essay
The tragedy of the Cherokee nation has haunted the legacy of Andrew Jackson"'"s Presidency. The
events that transpired after the implementation of his Indian policy are indeed heinous and
continually pose questions of morality for all generations. Ancient Native American tribes were
forced from their ancestral homes in an effort to increase the aggressive expansion of white settlers
during the early years of the United States. The most notable removal came after the Indian
Removal Act of 1830. The Cherokee, whose journey was known as the '"'Trail of Tears'"', and the
four other civilized tribes, Chickasaw, Choctaw, Creek and Seminole, were forced to emigrate to
lands west of the Mississippi River, to what is now day Oklahoma, against their ... Show more
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Life was never the same after the Spaniards arrived. The Spaniards brought foreign diseases, horses,
chains, knives, and guns to America. The Spaniards did not settle the area north of the Rio Grande
because Spanish explorer Desoto did not discover gold. Spain reacted to news of Desoto"'"s failure
by blaming the Indians for his defeat. The Spanish developed a prejudice against the Indians, which
others followed.#
During the American Revolution the Cherokees, discontented with the colonists"'" expansionist
habits sided with the British. In the early periods of the Revolutionary War Southern militia attacked
the Cherokee people. A peace treaty with the Cherokee"'"s was made on May 20, 1777,
acknowledging defeat at the hand of the Americans. Consequently, the Cherokee Nation ceded large
amounts of land in the Carolinas and Eastern Georgia to the United States. After the Revolution
General Elijah Clarke of the Georgia Militia attacked the Cherokee nation on behalf of the American
'"'revolutionaries.'"' In 1787 he defeated Indians at Jack's Creek and prompted the Cherokee nation
to cede more land in Northeastern Georgia. To thank Clarke for his service the Georgia House of
Assembly granted him a plantation, which was located on old Indian land. #
After the Revolutionary War the Cherokee Nation '"'placed itself under the protection of the United
States and agreed to specified boundaries for its territory'"'
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The Criminal Justice System : An Instrument Of Social Control
INTRODUCTION
Criminal Justice in general terms refers to the agencies of government charged with enforcing law,
adjudicating crime, and correcting criminal conduct in the society. The criminal justice system is
essentially an instrument of social control used by the government. Society considers some
behaviors so dangerous and destructive that it either tries to strictly control their occurrence or
outlaws them outright. It is therefore, the job of the agencies of justice to prevent these behaviors by
apprehending and punishing transgressors or deterring their future occurrence.
Two central philosophies anchor the commonly accepted idea of criminal justice. The first is a
ardent requirement for increased conviction rates and the second is the perception that the people in
prisons deserve punishment rather than rehabilitation. These philosophies have especially grave
consequences for the underprivileged and marginalized.
The criminal justice system is based on laws that are arbitrary and operate to the disadvantage of the
poor and come across as law for the poor rather than law of the poor. It applies on the weaker
sections of the community, regardless constitutional guarantees to the contrary.
There are scarcely any public to advocate for new laws to help the deprived and there are virtually
none to compel the government along with the legislature to amend the laws to protect the weak and
the poor. Even after so many years of independence, no sincere efforts have been made
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Stamp Act Research Paper
There were several Acts and policies signed by the British Parliament that had led to the Tea Party
such as the Stamp Act of 1765, the Townshend Acts, and the Tea Act. All three of these acts share
one thing in common and that is patriots and/or colonists opposing what was said and done by the
Acts. First and the most certainly the start of the discontent of the citizens, came the Stamp Act
which was a tax passed by British Parliament on March 22nd 1765. "The Stamp Act, imposed by the
British Parliament upon the American colonies in 1765, was the first major impetus given toward
the American Revolution."(Ritcheson, 543) The Act was inflicted on all colonists and required them
to pay a fee on every part of printed paper they had used. Colonists however weren't bothered by the
immediate cost but by the standard it was presumably going to enable. ... Show more content on
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They were used as means to manage commerce. On the other hand, the Stamp Act was viewed by
the British as the opposite. Without the colonial legislature's approval, they raised money in the
colonies. At that time, the majority of the colonists never put a foot down to maim the Stamp Act
except for the one and only Patrick Henry. In an attempt to make the Stamp Act more fair and
lenient towards the colonists, Henry Created the Stamp Act Resolves. The colonists were heavily
influenced by the Resolves for they were "published widely in newspapers across the
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The Strict Constructionist View Of The Presidency
The presidency has been titled the most prestigious executive position in the United States of
America, yet it is the most restricted. Presidents possess vast formal powers, nonetheless these
powers are restricted due to constitutional check and balances. Article II of the constitution contains
the constitutional powers of the government, which delivers the method of election, and provide a
permanent four year term. When reading the 2nd Article of the Constitution, many are struck by
how much attention is given to the process of the presidential election, and the slight attention paid
to the powers of the president once in office. Factually, several presidents have taken a restrictive
view of their duties, and the process through which a president is nominated and ... Show more
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According to section 2 of the Pfiffner and Davidson textbook, William Taft's view of the Executive
functions is, as he conceived it was that "the president can exercise no power which cannot fairly
and reasonably traced to some specific grant of power or justly implied and included within such
express grant as proper and necessary to its exercise. Such specific grant must be either in the
federal constitution or in act of congress passed in pursuance thereof." In other words, William Taft
believed that he couldn't accomplish anything the constitution did not allow. He believed that as a
president, power must be right and blameless by affirmative constitutional provisions or those
powers are nonexistent. Furthermore, one can look at the strict constructionist presidency theory and
realize how much it limits president's actions; even in emergency situations. As a reader, it is
apparent that William Taft was very observant of the law. In many ways, Taft considered himself a
"progressive" because of his profound belief in the law and because he saw the law as the most
powerful tool that should be used to solve society's
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National Security Outline Essay
TABLE OF CONTENTS FOR NSL READING
CHAPTER 1: National Security Law and the Role of Tipson 1
CHAPTER 2: Theoretical approaches to national security & world order 4
CHAPTER 3: Development of the International Law of Conflict Management 5
CHAPTER 4: The Use of Force in International Relations: Norms Concerning the Initiation of
Coercion (JNM) 7
CHAPTER 5: Institutional Modes of Conflict Management 17
The United Nations System 17
Proposals for Strengthening Management Institutional Modes of Conduct 23
CHAPTER 6: The Laws of War and Neutrality 24
CHAPTER 7: War Crimes and Nuremberg Principle 28
CHAPTER 12: Nuclear Weapons: Deployment, Targeting and Deterrence 33
CHAPTER 13: Arms Control in the Nuclear Age 36
Chapter 14: ... Show more content on Helpwriting.net ...
–Military Sufficiency
–Issue is how much military capability is enough – is it enough to have the same capabilities as
potential threats or should we pursue superior capabilities –US leaders have varied greatly on how
much is enough –Domestic strength
–Important goal is to seek political cohesion, economic vitality, and good educational policies at
home because it will help country to prevail during war (increases domestic support and morale)
–Economic vitality and educational strength also provide resources to implement national security,
help develop weapons to compete with enemies, and allow country to mobilize quickly in time of
crisis –World Order –Some argue that balance of power is best way to achieve world order
–Others argue that we need to organize and civilize international politics to achieve world order – 4
variations on how to do this:
–1–Judicial approach – resolve differences between countries through third–party judges and
arbitrators
–2–Contractual approach –use collective agreements to limit use of force (consider Kellogg–Briand
Pact) –3–Legislative approach – League of Nations, UN
–4–Diplomatic approach – use diplomacy between national leaders to achieve stability –Global
Welfare –Protecting human rights and promoting democracy are the important methods here –Doing
these will improve domestic strength and world order as
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William The Conqueror Case Study
Equity has brought benefits to many litigants who would otherwise have been severely
disadvantaged by the common law. Discuss, with reference to decided cases. William the Conqueror
found England with no single system of law common to the whole country. The law was mainly sets
of customary rules which differed from area to area. For example, in one area you could get away
with stealing, in another it would be seen as crime. There was no such thing as ' The English Legal
System" until William's invasion in 1066. William developed the legal system and introduced many
rules. William preserved some of the old customary laws and used them as a basis for common laws.
He introduced the feudal system and King's justice, these were made to ... Show more content on
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The second remedy is specific performance in which the court compels a party to fulfill a previous
agreement, as in the case of [Wrath v Tyler]. Rectification which is the amendment of documents
which previously did not express its true intention such as in the case of [Re Posner] in which the
testator was allowed to rectify his will to reflect his true intentions, is another form of remedy. The
fourth remedy is rescission where a contract is nullified, thus allowing two parties to return to their
original positions prior to the agreement as seen in [Tumstem v Bhanderi] On the other hand, equity
also introduced modern remedies which are Mareva Injunction and the Anton Piller order. The
former which is freezing order where the court has the authority to restrain a person from
transferring his assests away from the court's jurisdiction such as to another country is first
established in the case of [Mareva v International Bulkcarries]. The latter is the search order
granting access into another's premise to search or remove any documents or evidences. As in the
case of [Anton Piller v Manufacturing Processes Ltd], the defendant was suspected of selling away
his campany's technical drawings to the rival company hence court granted the Anton Piller order to
search his house. Last but not least, equity also established maxims to ensure decisions were morally
fair. One of the popular maxims is " He who comes to equity must
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Malaysian Legal System
lalJURISDICTION OF THE COURT
1.0 INTRODUCTION
The jurisdiction and powers of court under the Malaysian hierarchy of courts are contained
principally in the Courts of Judicature Act 1964 (Act 91) for the superior courts that is, the Federal
Court, the Court of Appeal and the High Courts, and in the Subordinate Courts Act 1948 (Act 92)
for the subordinate courts that is the Sessions, Magistrate's and Penghulu's Courts.
2.0 MALAYSIAN JUDICIAL STRUCTURE
Malaysian judicial structure can be divided into 2 section which are : 1) Superior Courts
Federal Court, Special Court, Court of Appeal and High Court
2) Subordinate Courts
Sessions Court, Magistrates' Court and Court for Children
"Promotion of judges, wherever such a system ... Show more content on Helpwriting.net ...
However the Federal Court also goes on circuit to the major towns of Penang, Ipoh, Kota Bharu,
Johor Bahru, Alor Setar, Kuantan, Malacca, Kuching and Kota Kinabalu (section 75 of the Courts of
Judicature Act 1964).
Jurisdiction
Article 121(2) of the Federal Constitution confers the Federal Court with the following jurisdiction–
(a) to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof;
(b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and
(c) such other jurisdiction as may be conferred by or under federal law.
Criminal Appeals
The Federal Court may subject to section 87 of the Courts of Judicature Act 1964 hears and
determines appeals against decisions of the Court of Appeal relating to any criminal matter decided
by the High Court in the exercise of its original jurisdiction.
Civil Appeals
Section 96 of the Courts of Judicature Act 1964 provides that an appeal against the decision of the
Court of Appeal may be made to the Federal Court with with the leave of the Federal Court. Leave
is only granted if–
(a) the decision of the Court of Appeal is in respect of any civil cause or matter decided by the High
Court in exercise of its original jurisdiction where it involves a question of general principle of law
decided for the first time or a question of importance upon which further argument and a decision of
the Federal Court would be to public advantage; or
(b) the
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What Is The Darnell's Case
Darnell's Case
Introduction
The Vlad's case also called as Darnell's case was an important English case law fought by Five
Knights, one of them being Thomas Darnell (also called as Five Knights case) against the forced
loans declared by King Charles I in Common Law Court.
Facts–
The Kingdom of Great Britain was in war with Spain and French and the King of Britain, Charles I
was in need of money and he had exhausted all the sources to raise the money. The Parliament of
1626 had not voted for taxation, Charles decided to demand money from his subjects by sending
request letters . As most of them denied to pay the money, Charles declared Forced Loans(The Loan
of Five Subsidies) and denial to repayment will be answerable to Privy Council. Apart levying
forced loans, Charles also began to billet his soldiers in the houses of civilians all along the South
Coast of England and the soldiers were immune from local being military subjects. ... Show more
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The Knights demanded a show cause from the Crown for their arrest and they be released on bail. In
November 1627, their appeal was on writ of Habeas Corpus before King's Bench
Judgement–
The Counsel on behalf of Five Knights pleaded that, the knights be released on the bail as it is their
right and by the virtue of writ of Habeas Corpus to obtain the show cause for imprisonment. The
Counsel also argued that Clause 39 of Magna Carta provides that, No man should lose his liberty
without due process of law. The King's Bench rejected to bail the knights on the ground that Crown
can commit without
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Law of Writs
Law of Writs In common law, a writ is a formal written order issued by a body with administrative
or judicial jurisdiction. In modern usage, this body is generally a court. Writs are extraordinary legal
remedies offered to individuals who do not obtain adequate protection under ordinary law. The main
types of writs are warrants and prerogative but there are many others also. Writs under English law
The origin of writs can be drawn from the English judicial system. The law of writs has its origin
from the orders passed by the King's Bench in England. Writs were issued on a petition presented to
the king in council and were considered as a royal order. Writs were a written order in the name of
the king which acted as groundwork for ... Show more content on Helpwriting.net ...
The first case reported on the writ of mandamus was the middletone case in 1573. When it will lie 1.
Thus a writ of mandamus can only be granted when there is in the applicant a right to compel the
performance of some duty cast upon the authority. The duty sought to be enforced must be a public
duty. A private right cannot be enforced by the writ of mandamus. 2. The writ of mandamus can be
issued to public authority to restrain it from acting under a law which has been declared
unconstitutional. When it will not lie 1. When the duty is merely discretionary in nature the writ of
mandamus will not lie. 2. A writ of mandamus does not lie against a private individual or any private
organisation because they are not entrusted with a public duty. 3. A writ of mandamus cannot be
granted to enforce an obligation arising out of contract. Prohibition A writ of prohibition is issued
primarily to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to
the rules of natural justice. It is issued by a superior court to inferior courts for the purpose of
preventing inferior courts from having a jurisdiction with which it was not legally vested or in other
words to compel inferior courts to keep
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Demographic Segmentation
Department of Social Sciences and Humanities
COLLEGE OF ARTS AND SCIENCES
San Beda College
Final Examination
Introduction to Political Science, Philippine Government and Constitution
I. MULTIPLE CHOICE QUESTIONS
1. The power of the government to enact laws promoting public welfare by restraining and
regulating the use of liberty and property is otherwise known: a. Taxation b. Eminent domain c.
Police power d. Ray–gun
2. The above–mentioned power is inherently vested upon the a. Judiciary branch b. Executive
branch c. Legislative branch d. Armed Forces of the Philippines
3. The statement "No person shall be deprived of his life, liberty or property" is a. Absolutely true b.
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d. To power to cram for exams with poise and grace.
14. The President may not make any appointments a. Two months before the next elections b. Two
months after the opening of the campaign period c. Two months before the next presidential
elections d. Two months during the next elections
15. An exception provided under the Constitution to the aforementioned prohibition is the temporary
appointment of a. Justices of the Supreme Court b. High–ranking armed forces officials, when
continued absence will cause disarray to the chain of command c. Executive positions, when
continued vacancies therein will prejudice public service d. State prosecutors, when continued lack
will result to injustice
16. Bogart was aboard PEKKA shipping lines. Unknown to him, his baggage was being inspected
by the shipping line's private security officers, who in turn found packs of shabu therein. The
security officers then reported the matter to the Philippine Coast Guard. In light of Article III,
Section 2 of the Constitution, the search conducted is a. Invalid because consent was not given prior
to the search. b. Invalid because the packs of shabu was not apparent on the outer surface of the
baggage, and therefore would not constitute any probable cause to effect a warrantless search. c.
Valid because had it not been for such random inspection, the shabu would not have been found. d.
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Administrative Law Essay
PART A: This problem is a straight forward problem in judicial review and prerogative remedies.
Judicial review can be done through Prerogative orders. Judicial review refers to the Court's review
of a lower or administrative body's factual or legal findings[1]. Prerogative remedies are remedies
which if not always are designed from the first for the control of governmental duties and powers,
have long been used for the purpose especially[2]. These remedies are such as certiorari, mandamus,
prohibition, quo warranto and habeas corpus. Appropriate remedies which Cristiano Ronaldo may
seek in an action before the High Court and the reasons for seeking of each of the remedies are;
Certiorari, this is an order issued by ... Show more content on Helpwriting.net ...
The public duty imposed should be of an imperative nature and not a discretionary one. The
applicant must have locus stand that is he must have sufficient interest in the matter he is applying
for lastly there should be no other appropriate remedy available to the applicant. In this problem the
conditions are present as Ronaldo has demanded the performance for the renewal of license and the
Director of Trade refused and he was not been given notice as noted in the case of Palm Beach Inn
Ltd and Another v. Commissioner for Tourism and Two Others[8]. Also Mr. Toure was having a
duty to perform on him thus to grant license. This duty was not of an imperative nature as the case
of considering the application of license and not discretion as per the case of Re Mohamed Aslam
Khan[9]. Also Ronaldo has a interest as he is an aggrieved person thus he has a locus standi as per
the case of Alfred Lakaru v. Town Director Arusha[10]. Lastly there is no other appropriate remedy
as the right to appeal is not indicated in the problem. Reasons in which Ronaldo can base in his
application are violation of the rules of natural justice as per the case of Simeoni Manyaki v.
Institute of Financial Management[11] Also there was irrelevant consideration as per the case of
Fernandez v. Kericho Liquor Licensing Board. Error of jurisdiction as per the case of R v.
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Checks And Balances Essay
When the United States constitution was written by the founding fathers almost 238 years ago, the
first three articles outlined both the powers and limitations of the three branches of government. In
Article 2 of the constitution, the duties of the President, the Executive branch, are defined and the
system of checks and balances are explained. These checks and balances are the Congress and the
Supreme Court. Our founding fathers designed the constitution specifically so that no one branch of
the American government would never be allowed to contain more power or have authority than the
other two. In recent times, however, the executive branch has grown more powerful during stressful
times. This power grab goes directly against what the founding fathers had in mind when they wrote
the U.S Constitution. The rights of the American people are guaranteed and protected by the
Constitution through this distribution of power. Giving more power to the executive branch would
lead to an unequal distribution of power, something our forefather carefully tried to prevent from
happening when they signed the Constitution. James Madison proclaimed in Federalist No. 47 that
all power should be distributed equally among the three branches of government or the United
States would conform to a dictatorship. "The accumulation of all power, legislative, executive, and
judiciary in the same hands...may justly be pronounced the very definition of tyranny."
There has been speculation that when the
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If God is good why is there evil in the world?
Whence Evil?
Theology – Essay
If God is Good why is there evil? Author: Ng Bak Soon
20/6/2013
Theology Essay
August 2013
Author: Ng Bak Soon
Essay Title: "If God is good why is there evil in the world"
Introduction
The problem of evil is as ancient as humanity itself. Since the dawn of man, thinkers, philosophers,
religionists and practically every human being who have suffered at the hands of evil have pondered
this enigma, either as a logical–intellectual–philosophical or emotional–religious–existential
problem. The preponderance of evil as a reality in human existence, and ... Show more content on
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The teleology of evil is ultimately embodied in a person, the person of the enemy of God.
Let it not be forgotten then at the outset of our discussion on God and evil, that the rampant
lawlessness and many faces of evil that we see around us is not just the mere issue of man's doings.
It is according to Saint Paul, none other than Satan's operation (v. 9a) in all power and signs and
wonders of a lie, and in all deceit of unrighteousness (vv. 9b, 10). The modern mind with its
scientific enlightenment, and anti–supernatural outlook, easily askew the personification of evil. But
the clear testimony of scripture is that evil is not just a "thing", a mere act of wrongdoing or
transgression.
It is all that to be sure, but even more so, the true nature of evil is that it is personified in scripture–
the evil one (Matt. 13:19, 38; Mk. 9:39; Jn. 17:15; Eph. 6:16; Col. 3:9) as scripture calls it–with a
mind and will of its own, that is totally and irrevocably opposed to God. Even as good is a person,
God Himself, for no one is good except God alone (Mark 10:18; Luke 18:19); even so we need to
realize in the depths of our being that evil is no less a person, Satan himself. To believe otherwise is
to downplay the reality, nature and insidiousness of evil.
According to
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Rule Of Law And Development
Rule of Law and Development
A Mutual Reinforcement
Executive Summary
The Post 2015 development agendas which are often called as the next generation MDGs includes
Rule of Law, one of the most crucial component of development around the world. Precisely for
developing countries like Bangladesh, the fragile state of rule of Law and access to justice
implicates the downward situation of development, especially from the human rights perspective.
This paper will analyze the sources, nature and elements of rule of law as well as development and
scrutinize the nexus between these two. In light of realistic experiences around the world, this paper
will try to find whether the implementation of rule of law practically substantiates the goals of
sustainable development. At the same time, the situation of Bangladesh as well as the possible way
outs will also be highlighted.
Contents o Introduction o Definition and the Elements of Rule of Law o Definition and the Elements
of Development o Why Rule of Law is a prerequisite for Development? o Linkage between Rule of
Law and Development o The Judicial & Institutional Experiences o The Bangladesh Scenario:
Problems and Recommendations o Rule of Law, Human Rights & Development: o Conclusion
1. Introduction
In recent years, the concept of the "rule of law" has been gaining increased attention in academic
and political circles. Now, a major opportunity to capitalize on the
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The Position of Islamic Lawin Malaysia
CHAPTER FOUR: THE POSITION OF ISLAMIC LAW IN MALAYSIA 4.1 Introduction It has
been argued, that if colonisation had not been responsible for the introduction and application of
English law, Islamic law would have developed to become the law of the land. Islamic law, coupled
with the customary law of the various races, indeed represent the indigenous sources or basic
foundation upon which the eventual growth of a legal system could have been founded.1 However,
the grant of the Charters of Justice 1826 to the Straits Settlements, and the eventual application of
English law both through the judicial process and through legislation in the Malay States had
effectively displaced Islamic law from its premier position. The role which Islamic ... Show more
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For example, it is stated (in traditional Malay language): "Orang berbuat bala cara laki–laki
perempuan titah Dewata Maha Raya jika merdehika bujang palu seratus rotan. Jika merdehika
beristeri atau perempuan bersuami ditanam hinggakan pinggang dihambalang dengan batu
matikan."8 This is the law relating to the punishment for zinā. It can be interpreted as: "Those who
commit unlawful intercourse between male and female, the order by the King are; if they are free
person (not a slave) and unmarried, they will be flogged hundred lashes and if the free man had a
wife or the free woman had a husband, they will be buried till waist and will be stoned to death."
This law is in line with Islamic teaching. When Malacca was a Malay kingdom, a compilation of
laws was made on the orders of the Ruler and this, the Ibid., p. 110. This stone was found near
Kampung Buluh in Sungai Tersat, Kuala Berang at Hulu Terengganu, which its date is 22 February
1303 or 4 Rajab 702 A.H. 8 See Ahmad Ibrahim, Perlaksanaan undang–undang hudūd di
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Life Changing Events Happened From New York City
Life changing events happened in New York City. On September 11th, 2001 was without a doubt,
one of the most terrorizing experiences in the history of our Nation. You heard screams of agony
from people who were trying to seek safety for their loved ones. Pillars of smoke filled the sky as
innocent people cried out with agony and hurt of the injured and of people who didn't understand
what was going on. The streets were filled with clouds of dust and debris. The news reporters told of
the gripping story of how terror had struck the very hearts of the American people. Our President,
George W. Bush gave clear and concise demands to the events within a few days following the
horrible attacks on the Twin Towers. The demands that later led to new ACT's being passed by
Congress, would have a drastic change to what we call Civil Liberties. By definition Civil Liberties
is the state of being subjected only to laws that are established for the good of the community,
especially in terms of our freedom of action and speech. When we think of the violation of Civil
Liberties we think of those who are detained under specific verbiage, all the while understanding the
Privilege of the Writ of Habeas Corpus will be measured for its effectiveness by ensuring the actions
against the War on Terror, are justified.
According to Mount (2010), the Writ of Habeas Corpus in the United States Constitution is traced
back to the early English times and later on America The Latin translation of Habeas
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Prosecutorial Discretion Case Study
Prosecutorial Discretion comes from the Bordenkircher v Hayes (1978) case. The Supreme Court
ruled  so long as the prosecutor has probable cause to believe that the accused committed an
offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring
before a grand jury, generally rests entirely in his discretion. (Whitebread, Slobogin, 2008, p591)
Some states require the prosecution to give them a detailed written reason as to why they chose to
dismiss a case. In most cases, the prosecutor has absolute authority and are rarely challenged.
Similar to most government officials, prosecutors also have both legislative and administrative
restrictions.
Prosecutors have the authority to dismiss charges and the authority to accept a plea deal of lesser
charges. The main reason that a prosecutor may not prosecute an individual is because of
insufficient ... Show more content on Helpwriting.net ...
This type of prosecution deals with the Due Process Clause. This principle came about during the
Supreme Court case Blackledge v Perry (1974). The case dealt with Perry being charged with a
misdemeanor the beginning of his trial, but he beat the charges. The prosecutor then decided to
charge him with a felony, in which, he plead guilty. The result of the case stated that the Due
Process Clause imposes as a limited prohibition on prosecutorial use of charging prerogative to the
extent that prerogative is used to penalize the exercise of legal rights (Whitebread  Slobogin,
2008,p605). Although this was one Supreme Court decision, the court decided that they needed
another decision in order to ensure that prosecutors were not being vindictive. The case North
Carolina v Pearce (1969) decision stated that vindictiveness against a defendant for having
successful attacked his first conviction must play no part in the sentence he receives after a new
trial (Whitebread  Slobogin, 2008,
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The Legacy Of Abraham Lincoln
Abraham Lincoln, son of Thomas and Nancy Lincoln, was born February 12, 1809. He grow up in
Hodgenville, Kentucky in a period when slavery was legal. His father Thomas did not approve
slavery reason why his family didn't own any slaves. Thomas Lincoln move to Indiana in 1816 with
is family and two years later his wife died of milk sickness. The life in Indiana not being what they
wanted Thomas then decided to move is family to Illinois. We have to know where Abraham came
from in order to understand is political orientation in order to be able to make a judgment on what
he may have or not done right and wrong. At the age of 23 Abraham decided to leave his parent to
live on his own. And later started his political career by joining the ... Show more content on
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After lost his son, Edward, in 1850 Abraham took a break from politics to focus on his family. Later
after his son Thomas birth in 1853 he decided to go back in to politic in order to stop the spread of
slavery in the USA. Popular Sovereignty is the principle that the authority of the government is
created and sustained by the consent of its people, through their elected representatives who are the
source of all political power. Senator Douglas was trying to make people to vote if slavery should
continue or bane from the USA. Abraham was against slavery and took action to fight The Kansas–
Nebraska Act and also against Senator Douglas. He then left the Whig party to join the Republican
Party and to a shot in 1858 against Douglas for the senate in one of his speech Lincoln said A
house divided against itself cannot stand. I believe this government cannot endure, permanently half
slave and half free. I do not expect the Union to be dissolved– I do not expect the house to fall– but I
do expect it will cease to be divided.  Although Lincoln wasn't popular, The Republicans think is
ready to be vice president or even better president of the United States. But he self wasn't convince
of his chance due to his unpopularity and past failure. His Party convince him to give it a try, in
1960 he was invited at the Copper Union in New York City and the speech that he gave was so
powerful that it became so popular. That even gave a boost into his popularity and get him
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One Significant Change That Has Occurred in the World...
E SSAYS ON TWENTIETH–C ENTURY H ISTORY In the series Critical Perspectives on the
Past, edited by Susan Porter Benson, Stephen Brier, and Roy Rosenzweig Also in this series: Paula
Hamilton and Linda Shopes, eds., Oral History and Public Memories Tiffany Ruby Patterson, Zora
Neale Hurston and a History of Southern Life Lisa M. Fine, The Story of Reo Joe: Work, Kin, and
Community in Autotown, U.S.A. Van Gosse and Richard Moser, eds., The World the Sixties Made:
Politics and Culture in Recent America Joanne Meyerowitz, ed., History and September 11th John
McMillian and Paul Buhle, eds., The New Left Revisited David M. Scobey, Empire City: The
Making and Meaning of the New York City Landscape Gerda Lerner, Fireweed: A ... Show more
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The beginnings and ends of what we choose to call centuries are almost invariably years of little
significance. But there is little agreement over when the twentieth century c.e. arrived, and there
were several points both before the year 2000 (the collapse of the Soviet Union, the reunification of
Germany, the surge of globalization from the mid–1990s) and afterward (9/11, or the global
recession of 2008) when one could quite plausibly argue that a new era had begun. A compelling
case can be made for viewing the decades of the global scramble for colonies after 1870 as a
predictable culmination of the long nineteenth century, which was ushered in by the industrial and
political revolutions of the late 1700s. But at the same time, without serious attention to the
processes and misguided policies that led to decades of agrarian and industrial depression from the
late 1860s to the 1890s, as well as the social tensions and political rivalries that generated and were
in turn fed by imperialist expansionism, one cannot begin to comprehend the causes and
consequences of the Great War that began in 1914. That conflict determined the contours of the
twentieth century in myriad ways. On the one hand, the war set in motion transformative processes
that were clearly major departures from those that defined the nineteenth–century world order. On
the other, it perversely unleashed forces
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Library Management
Library and Information Center Management
Recent Titles in Library and Information Science Text Series
Library and Information Center Management, Sixth Edition Robert D. Stueart and Barbara B.
Moran United States Government Information: Policies and Sources Peter Hernon, Harold C.
Relyea, Robert E. Dugan, and Joan F. Cheverie Library Information Systems: From Library
Automation to Distributed Information Access Solutions Thomas R. Kochtanek and Joseph R.
Matthews The Complete Guide to Acquisitions Management Frances C. Wilkinson and Linda K.
Lewis Organization of Information, Second Edition Arlene G. Taylor The School Library Media
Manager, Third Edition Blanche Woolls Basic Research Methods for Librarians Ronald R. Powell
and Lynn ... Show more content on Helpwriting.net ...
Stueart and Barbara B. Moran All rights reserved. No portion of this book may be reproduced, by
any process or technique, without the express written consent of the publisher. Library of Congress
Catalog Card Number: 2007007922 ISBN: 978–1–59158–408–7 978–1–59158–406–3 (pbk.) First
published in 2007 Libraries Unlimited, 88 Post Road West, Westport, CT 06881 A Member of the
Greenwood Publishing Group, Inc. www.lu.com Printed in the United States of America
The paper used in this book complies with the Permanent Paper Standard issued by the National
Information Standards Organization (Z39.48–1984). 10 9 8 7 6 5 4 3 2 1
To our grandchildren Annika, Jacob, Katherine, Madison, Magnus, and Molly
Contents
Illustrations . . . . . Preface . . . . . . . . . Acknowledgments . The Web Site . . . . .
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. .xvii . . xxi . .xxv .xxvii
Section 1: Introduction
1–Managing in Today's Libraries and Information Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The
Importance of Management. . . . . . . . . . . . What Is Management? . . . . . . . . . . . . . . . . . . . Who Are
Managers?. . . . . . . . . . . . . . . . . . . . . What Do Managers Do?
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Sterickland V. Taylor Case Summary
Mickens v. Taylor, 535 U.S. 162, 122 S. Ct. 1237, 152 L. Ed. 2d 291 (2002) Facts: Mickens
(respondent) was indicted the planned homicide of Lobby, and he was sentenced to death. After five
years he recorded a request for a writ of habeas corpus. In the writ he asserted that he had been
denied of successful help of insight since one of his court–selected lawyers had an irreconcilable
circumstance, to be specific, his lead trial lawyer Saunders had spoken to Lobby at the season of the
homicide. Three weeks after Saunders had met with Corridor, who was then killed, Saunders was
selected as advice for Mickens. Saunders did not tell Mickens that he had spoken to Lobby, but
rather Mickens found out about the past representation when an assistant ... Show more content on
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In Strickland v. Washington, 466 U.S. 668 (1984), we built up that keeping in mind the end goal to
set up incapable help of advice under the 6th Amendment, a respondent needs to build up that
insight's execution was equitably inadequate and that yet for that lacking execution, the trial result
would have been distinctive. There are exemptions to the general standard. In situations where a
barrier counsel has a dynamic irreconcilable situation, we assume that the trial result has without a
doubt been influenced, and we don't require the respondent to demonstrate likely impact. In
Holloway v. Arkansas, 435 U.S. 475 (1978), we held that a programmed inversion is proper when
the trial court does not ask into a numerous representation irreconcilable situation that is raised by
resistance counsel. In Cuyler v. Sullivan, 446 U.S. 335 (1980), we didn't extend Holloway's
programmed inversion standard to situations where no complaint has been made to a different
representation circumstance. In those cases, a litigant must show that an irreconcilable situation
really influenced the sufficiency of his representation. Sullivan additionally tended to the subject of
when the trial court has an obligation to ask into the legitimacy of various representation. It said
request is essential just when the trial court knows or sensibly ought to realize that a specific clash
exists. For today's situation we should decide how the assumed irreconcilable circumstance agrees
with these cases. Here, guard counsel did not challenge his failure to speak to Mickens successfully,
and the trial court did not make the Sullivan–ordered investigation into the respectability of
numerous representation. Therefore, Mickens still had the weight of demonstrating that the
irreconcilable situation
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History of Common Law
HISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United
Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The
legal system of England and Wales (the laws of England and Wales from 1967). These laws
mainly deal with issues of property, theft, inheritance, money... The legal system of England and
Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana).
THREE MAJOR LEGAL SYSTEMS IN THE WORLD * Religious law It refers to the notion of a
religious system or document being used as a legal source. * Civil law It derives from Roman law
traditions. It's also known as Continental European law. Laws recognized as authoritative are ...
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According to historians, English law is the offspring (daughter) of Frankish law (= early text in
French + private law + technical terms) * Domesday Book = a great land survey commissioned by
William I to assess (value) the extent of the land and resources being owned in England, and the
extent of the taxes he could raise. This book also relates the importance of a uniform legal system
among people within the territory. Local courts came under the administration of Norman rules. *
Laws of Henry I or Leges Henrici Primi (≈ 1115) = a legal treatise in England. It lists and explains
the laws (how to conduct legal proceedings). Laws were actually issued by earlier monarchs that
were still in force in Henry's reign. It covers a diverse range of subjects: ecclesiastical cases;
treason; murder; theft; feud; amounts of judicial fines... * Ranulf de Glanvill gt; reputed author of
a book on English law. It was with his assistance that Henry II completed his famous judicial
reforms. HENRY II (1154–89): Separation of the power of church * Changes implemented: Henry II
began to send judges from central court (Supreme Court) into local courts in order to limit the jury's
movements at Westminster (kings are dependent of the goodwill of law to maintain power). Henry
wanted to diminish the power of the church, so he
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9/11 Federal Powers
There are a few expressed powers mentioned in Article II section 2 of the U.S. Constitution. One of
these expressed powers is for the president to be Commander in Chief of the Army and Navy when
actually called into service. What does the power entail in today's world? After 9/11 the powers
under the Commander in Chief grew substantially since the Supreme Court declared that the
congressional intent supported the actions of the Commander in Chief. Not all good things come
when someone gains more power than they have had before. Under the Bush administration
members of the Taliban were rounded up and placed in Guantanamo Bay as detainees. The Bush
administration believed that since they prison was in Cuba it fell outside of the U.S. Judicial
jurisdiction. With the case of Rasul v. Bush in 2004 determined that the detainees in Guantanamo
Bay had the right to habeas corpus petitions. A writ of habeas corpus is used when bringing a
detainee or prisoner in front of the court to decide if the imprisonment is lawful or not. ... Show
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This power is one of the least limited powers granted to the president under the Constitution. The
power of pardoning someone came from the royal English Prerogative of Kings. Charles Pickney
decided to propose the option of giving the chief the power to pardon someone on the 29th of May
1787. He did so since neither the New Jersey plan nor the Virginia Plan gave the chief the power to
do so. Alexander Hamilton reflects this in The Federalist No. 74, in which he argues that humanity
and good policy require that the benign prerogative of pardoning was necessary to mitigate the
harsh justice of the criminal code. The pardon power would provide for exceptions in favor of
unfortunate guilt. The President's Broad Power to Pardon and Commute. The Heritage
Foundation. N.p., n.d. Web. 11 Aug.
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Administrative Law
Week Two THE FEDERAL SYSTEM OF JUDICIAL REVIEW If you want to challenge a decision
made by a Cth statutory body, e.g. the Australian Electoral Commission of the Australian Taxation
Office, you must turn to the federal system of judicial review. The HC was given original
jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by
officers of the Cth. However, it is not easy to get to the HC – it reserves itself for important
decisions. The Federal Ct was created in 1976 to relieve the workload of the HC and today nearly all
judicial review applications go firstly to the Fed Ct. THERE ARE TWO WAYS OF GOING TO
THE FEDERAL CRT: 1. Common law jurisdiction (given to it by s.39B ... Show more content on
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– The ABT had extensive powers and its ultimate power was to revoke a commercial TV license. –
S.88 of the ABT Act said the tribunal may suspend or revoke a commercial TV license. But
certain preconditions to taking that step were set out in the legislation. The one in question, part B
provided that the tribunal is satisfied that the licensee is no longer a fit and proper person. Here,
the licensee was the QTL – Therefore the two step process. (the final decision is to suspend or
revoke, but to get there, it has to be satisfied of the latter). – The ABT was halfway through its
proceedings when Bond sought ADJR Act review. – In the process of satisfying itself that the
licensee (the coy) is a fit and proper person, it reached a no. of conclusions of fact. Firstly, that Bond
had agreed to pay the Premier of Qld $400,000 to settle his defamation claim not believing that the
sum was justified by that sum alone, but believing that if he did not settle at that figure, the Premier
might harm Bond's interests in Qld. They also found that Bond gave false evidence to the Tribunal.
– On that basis, the ABT made two findings. Firstly, it made a conclusion that Mr Bond would not
be a fit and proper person to hold a broadcasting license and secondly, because he was the Managing
Director and had the controlling interest in the company that was the licensee, the licensee was no
longer a fit and proper person to hold the TV license. –
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Requesting a Writ of Mandamus in Nj
I. Why do we want a Writ of Mandamus?
In general, a writ of mandamus can be described as an order, commanding the performance of an
act that the law requires as a clearly defined duty, arising from an office, trust, or station. 55 C.J.S.
Mandamus § 1. Moreover, a writ of mandamus may be issued to command a nongovernmental body,
such as a medical licensing board, to perform a specified duty imposed by law, and can also be
invoked to control flagrant abuses of discretion. Id. For example, in some instances, upon judicial
review, if a court is satisfied that the applicant is entitled to a license, it may order the license issued
notwithstanding the boards denial of the license. 70 C.J.S. Physicians and Surgeons § 38.
In New Jersey, ... Show more content on Helpwriting.net ...
Thus, this first element is likely satisfied.
III. Which division of the New Jersey Superior Court is the most appropriate forum?
As mentioned above, the last element a court considers when determining whether to permit review
is whether the proper forum has been selected. Rule 2:2–3(a) was promulgated by the Supreme
Court pursuant
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Is There a Fundamental Difference between Religious...
Is there a fundamental difference between religious terrorism and secular terrorism?
Introduction
Terrorism has existed as long ago as classical times although its modern counterpart has appeared
during the French Revolution with Montesquieu's Reign of Terror. More recently, terrorism has
assumed a new guise with much of its deeds perpetrated in the name of religion. Although religious
terrorism is popularly associated with Islamism, it is not necessarily so. Almost all religions have
started practicing some sort of violence and aggression against outsiders, and religious terrorism
seems to be on the rise. The following essay seeks to demarcate between terrorism and normal
violence on the one hand, and between secular terrorism and religious terrorism on the other. It also
questions whether religious terrorism is worse than secular terrorism and which will be more likely
to increase in the future.
Terrorism: What it is and how it differs from other forms of violence
Terrorism in its simplest form is a practice of violence where the perpetrator strongly believes in his
cause and is willing to die for the perpetration of his violence. Terrorism today extends beyond the
perpetrator's local country and has become a global phenomenon.
On more specific level, there are 4 distinctions between terrorism and violence:
Terrorists are better trained and more self–disciplined than 'regular' criminals who practice petty
violence. The latter is often opportunistic, sometimes
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Case Analysis : Grady Vs Corbin
Grady vs Corbin was a United States Supreme Court decision in 1990, which held that the Double
Jeopardy Clause in the 5th Amendment to the Constitution bars subsequent prosecutions for an
offense which the defendant has already been prosecuted. Essentially, the Double Jeopardy Clause
of the 4th Amendment says no one shall be tried twice for the same offense. The double jeopardy
clause serves two functions, both of which should be considered when faced with a double jeopardy
problem. One traditional function of the double jeopardy prohibition has been to prevent multiple
prosecutions in more than one proceeding, to bar successive prosecutions for the same offense. The
purpose of which is to ensure final resolution of substantive criminal ... Show more content on
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He was served with two uniform traffic tickets directing him to appear at a Town Justice Court. One
ticket charged him with the misdemeanor of driving while intoxicated (DUI), and the other charged
him with failing to keep to the right of the median. When Corbin pleaded guilty to the traffic tickets
in the Town Justice Court, the presiding judge was not informed of the fatality or of a pending
homicide investigation. Subsequently, a grand jury indicted Corbin, charging him with reckless
manslaughter, criminally negligent homicide, and third–degree reckless assault. A bill of particulars
identified the three reckless or negligent acts on which the prosecution would rely to prove the
charges: (1) operating a motor vehicle on a public highway in an intoxicated condition; (2) failing to
keep right of the median; and (3) driving at a speed too fast for the weather and road conditions.
Corbin 's motion to dismiss the indictment on, inter alia, constitutional double jeopardy grounds was
denied by the county court. Corbin then sought a writ of prohibition barring prosecution, which was
denied by the Appellate Division. The State Court of Appeals reversed the decision, finding that the
State's intention to rely on prior traffic offenses as the acts necessary to prove the homicide and
assault charges. The second prosecution would be barred if the prosecution sought to establish an
essential element of the second crime by proving the conduct for
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The Royal Perogative Essay
The royal prerogative is a source of constitutional law, it derives from common law powers that
have from the monarchy to the executive. The significance in constitutional law of the prerogative is
that it provides the executive with considerable power to act without following 'normal'
parliamentary procedures. As Dicey explained, the prerogative is 'every act which the executive
government can lawfully do without the authority of an Act of parliament.
In constitution terms it is therefore important to explore the means by which the UK constitution
secures the accountability for the exercise of prerogative powers by the executives.
Prerogative powers are those exercisable by the crown without statutory authority. Although
historically ... Show more content on Helpwriting.net ...
The bill of rights of (1688) can be seen as the historical origin of the supremacy of parliament and
since that point, many of the prerogative powers have been abolished or superseded by the state.
Prerogative powers, then can be described as the residual powers of the state that are not governed
by the legislation and do not require authorisation by parliament.
These include important matters of governance; the disposition of the armed forces; regulation of
the armed forces: the grant of honours; diplomatic relations and making of treaties; the appointment
of the minister and the dissolution of parliament.
The queen retains the personal power to grant certain honours, to assent the Bills passed by
parliament, to appoint the prime minister, and to dissolve parliament. The powers that fall within its
scope are often of crucial importance to government, and it is perhaps peculiar that the limitations
and controls upon the prerogative have not yet been formalised.
Modern prerogative powers may be defined as the legal powers inherent in Government, which do
not require the approval of Parliament for their exercise. It is traditionally been difficult to identify
and assess the extent of prerogative powers within no codified list of those that exist. In October
2009 the Government published a review of
... Get more on HelpWriting.net ...

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Essay The English Reformation

  • 1. Essay The English Reformation The English Reformation During the reign of King Richard II "England was experiencing her first serious outbreak of heresy for nearly a millennium." This widespread heresy, known as Lollardy, held the reformation of the Catholic Church as its main motivation, and was based upon the ideas of John Wyclif, an Oxford scholar. "All kinds of men, not only in London but in widely–separated regions of the country, seized the opportunity to voice criticisms both constructive and destructive of the present state of the Church." While commoners protested and pressed for reform, going so far as to present their manifesto, the "Twelve Conclusions," to Parliament, members of the royal household were protecting John Wyclif and his ideas, John of ... Show more content on Helpwriting.net ... "It thus followed that it was the duty of the king to reform the Church." Eleven years after Wyclif's death, a group of Lollards came before Parliament with their complaints, and asked "the Lords and the Commons in Parliament to lead the way to reformation." Wyclif's, and by extension the Lollards, views also included the supreme importance of the Scriptures as a guide to living a Christian life, as opposed to the Catholic view which placed the Scripture along side the advise and beliefs of the Church hierarchy. This resulted in the translation of the Gospels and the Bible into English so that all people could read and understand the Scriptures. The Lollards rebelled against the idea that the host and wine could be turned into the body and blood of Jesus, "and called for a return to primitive simplicity and morality." Two main areas of contention for the Lollards, as well as the royal administration, however, were the Church's exorbitant wealth and the supremacy of the pope. After the Peasant Revolt of 1381 "priests did their best to associate the attacks by peasants on ecclesiastical and secular property with Wyclif's teaching on lordship ... Get more on HelpWriting.net ...
  • 2.
  • 3. Judicial Synthesis Essay After the Revolution, the new American country wanted nothing to do with anything that looked like a monarch or strong central figure. However, the weakness of the Confederation government and the incredibly powerful state legislatures caused many to reconsider the need for an executive. During the Constitutional Convention, a debate rose over the strength of the executive, and whether or not it should be subservient to the legislature. During the convention, the faction that favored a weak executive came out ahead, with the convention agreeing on a leader that would serve for a single seven–year term and be appointed by the legislature, however the executive would have a veto power. Trough savvy navigating during committee action, Gouverneur ... Show more content on Helpwriting.net ... By making the tie breaker go to Congress, he was able to get the rest of the framers to agree with his plan. He also used extremely vague language in the vesting clause, which left a lot a leeway for future presidents. Interestingly, the framers spent no time debating or clarifying this language like they did with both the legislative and judicial branches. There are three predominate theories about the power of the president and executive branch; constitutional theory, stewardship theory, and prerogative theory. Constitutional theory argues that presidential power is strictly limited to the powers enumerated in the constitution and those granted by Congress. Stewardship theory on the other hand holds that presidents can do anything not explicitly forbidden by the constitution or laws passed by Congress under its constitutional powers. Prerogative theory is the most expansive, and argues that the president may act according to their discretion for what they feel is best for the common good, without heeding laws and sometimes breaking them. One of the clearest example of this theory is Lincoln's actions during the Civil War, when he took steps like suspending the writ of habeas corpus around the nation's capital to help the war ... Get more on HelpWriting.net ...
  • 4.
  • 5. Aristotelian Ethics and its Context Essay Ethics as Politics: On Aristotelian Ethics and its Context ABSTRACT: This paper argues that the assertion of Nicomachean Ethics I.ii that the art that treats of ethics is politics is to be understood properly not in the sense of politics qua nomothetike but just as politike, i.e., direct, participatory politics as was enjoyed in the Athenian polis and as the formed background to Aristotle's philosophizing on the nature of ethics. The ethical import of politics can be retrieved from Aristotle's Ethics (in both versions) and Politics by dwelling on the connection of eudaimonia and humanity's function as such. Aristotle does not construe this function as contemplation but rather as the practical application of reason–reason leading to ... Show more content on Helpwriting.net ... In a word, I suggest that increasingly for us (as for republican antiquity) ethics expresses itself as politics, by which I emphatically do not mean "ethics is ideological politics," but ethics increasingly expresses itself for us as direct, participatory politics. (2) In saying that ethics expresses itself as politics I mean that political activity itself, not the policies or institutions it seeks to implement, functions as ethical ground. Aristotle's Nicomachean Ethics commences with the–for moderns–startling suggestion that the art that treats of ethics is politics. (3) While Aristotle does not immediately make plain the sense in which politics is "authoritative and architectonic" for ethics, he later (Book VI.viii.l/2; 1141b25) specifies it as nomothetike, i.e., the legislative (or better, constitutional) branch of politike. Aristotle concedes a source of confusion here: nomothetike is one branch of a body of knowledge (politike); but the other branch, for its part, goes by the same name: politike! (1141b25–26). Of politics in this other sense ... Get more on HelpWriting.net ...
  • 6.
  • 7. The Habeas Corpus Law in the US Habeas Corpus U.S. Introduction Many may not know this but following his inauguration, President Obama did put in some orders to basically just shut down the U.S. prison at Guantanamo Bay within one year. However, about two years later, nevertheless, Obama's plan to close Guantanamo is in disasters. In excess of 180 prisoners that still remain at Guantanamo, and new legislation is making it tremendously problematic to transfer extra prisoners from the naval base. Defense Secretary Robert Gates lately named the forecasts for conclusion "very, very low," and the management is trying to press forward with new military command trials that are at the base. In a lot of different ways, the United States is actually further from closing Guantanamo now than it was after Obama's inauguration. However, if we go back to the Bush years, we will discover that actually right after the U.S. attack of Afghanistan in 2001, the Bush administration had started developing a plan for holding and questioning apprehended prisoners. Most of these prisoners were then sent to a prison that was inside a U.S. naval base at Guantanamo Bay, which happened to be on land that had been rented from the supervision of Cuba. Ever since 2002, over 800 men were held as prisoners at "GITMO." A Most have been let go deprived of charges or revolved to other administrations. In 2011, Congress exactly forbade the spending of reserves to transfer GITMO detainees to imprisonment amenities which are in the mainland ... Get more on HelpWriting.net ...
  • 8.
  • 9. Procedural Analysis : Procedural Fairness "The concept of procedural fairness forms the basis for a ground of judicial review under the common law and the ADJR Act, requiring that certain standards and procedures be observed throughout the decision making process. In subjecting an administrative decision to judicial review, a Court will be restricted from looking at the substance of the decision maker's assessment of facts, and can only examine the process by which that decision was made". Outline the elements required in order to have an administrative decision subject to judicial review. Explain the concept of procedural fairness in this context, and to what extent is the above quote an accurate reflection of an individual's right to access judicial review. Make reference to the ... Show more content on Helpwriting.net ... It applies not only to decisions made by the judicial branch of Government; nowadays, decisions made by executive bodies which take on an administrative role are also subject to the same rules. The implementation of privative clauses into legislation has in some circumstances limited the access of an individual to judicial review of decision, subsequently leading to recurring controversy in regards to whether or not a failure of an administrative body to observe procedural fairness provides a ground whereby an individual should be allowed to access the Court to have a decision reviewed. In Australia, the main source of judicial review is found within our Constitution; s75(3) states that High Court with have original jurisdiction over all matters in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth is a party, and under s75(5), will also have jurisdiction over matters where in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth . With the High Court's jurisdiction essentially defined by a series of constitutional writs, 'jurisdictional error' has become a unifying principle for judicial review . In order to evaluate the ability of a person to seek judicial review of an administrative decision, it is essential to understand how our system has developed over time. It is important to ... Get more on HelpWriting.net ...
  • 10.
  • 11. Habeas Corpus Essay What comes to mind when you hear "The War on Terror"? For someone like myself I immediately go back to my tenth grade English class the morning of September 11, 2001 and the devastating effects of terrorism and what we as a country need to/ should do to keep ourselves safe. Sometimes you need to detain a large quantity of suspects to find the few terrors amongst the many innocent, Habeas Corpus is made to help protect and weed out the innocent and when that right is violated in hopes of find the bad within the good it is no longer an acceptable way to fight terrorism. Several case have come to the Supreme courts and no one can clearly answer to what extent the war on terror justifies the President's unspecified time limit on enemy combatants ... Show more content on Helpwriting.net ... This shows us how important the framers viewed Habeas Corpus. Today we see Habeas Corpus being used in a multitude of different ways. It can apply to conviction reprieve in criminal matters even after the final judgement. It is applicable to people in police custody but are not charged with a crime. It applies to those who are awaiting trial but who have not been able to make an excessive bail. It applies to death row prisoners who challenge their death sentence and to inmates who remain in custody after their sentence has been fulfilled. Habeas Corpus applies to both adults and children whose liberty is restrained in some manner but are not in the actual custody of police or other public authority. It also applies equally to those who have been detained because of mental conditions. It extends to those who are already released on bail and who are challenging the manner and/or power of the limitations that bail places on their liberty. Six weeks after the events of September 11, 2001, President George W. Bush signed the United States of America Patriot Act and it restricted the Writ of Habeas Corpus for our resident immigrants. The purpose of the act was to seal up the cracks from the assortment of anti–terrorist laws Congress had passed during the previous decade. President Bush's speech in November 2001, targeted terrorists and terrorism ... Get more on HelpWriting.net ...
  • 12.
  • 13. An Examination of the Boundaries of, and the Theoretical... TUMAINI UNIVERSITY IRINGA UNIVERSITY COLLEGE FACULTY OF LAW RESEARCH PROPOSAL RESEARCHERS: ❑ JESCA KABISSA ❑ PETER R. THADEO SUPERVISOR: ❑ MISS. RUHUNDWA TOPIC: AN EXAMINATION OF THE BOUNDARIES OF, AND THE THEORETICAL JUSTIFICATION FOR JUDICIAL REVIEW IN TANZANIA. CONTENT PAGE 1. Introduction ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2 1. Administrative Authority, the overview ––––––––––––––––– – 2 2. Types of Administrative Authority ––––––––––––––––––––––––––– 2 2. Useful of the study ... Show more content on Helpwriting.net ... This shows us that, the administrative authorities practice or perform functions of legislature and judiciary: this is so because of the impossibility in having rigid form of separation of powers due to complexity of modern conditions. Generally, for administrative authority or executive to function well, it needs legislative powers in order to make rules on how to enforce law and also judicial powers to decide on their own merits. That is why the delegation of quasi–legislative and quasi– judicial functions to a number of administrative authorities and tribunals has become unavoidable. 1. Useful of the Study Tanzania is a democratic and socialist state which adheres to multi–party democracy[5], governed with democratic government based on the basic constitutional principles[6], therefore, this study will be useful in examining the boundaries of judicial review and indicate clear whether the government of the United Republic of Tanzania, by allowing the judicial control over administrative actions, generally adhere to the basic constitutional principles.
  • 14. Background to the Problem 1. Judicial review, defined Judicial review[7] is the court's power to review the actions of other branches or levels of government especially the court power to invalidate legislative and executive ... Get more on HelpWriting.net ...
  • 15.
  • 16. The Removal of the Cherokee Essay The tragedy of the Cherokee nation has haunted the legacy of Andrew Jackson"'"s Presidency. The events that transpired after the implementation of his Indian policy are indeed heinous and continually pose questions of morality for all generations. Ancient Native American tribes were forced from their ancestral homes in an effort to increase the aggressive expansion of white settlers during the early years of the United States. The most notable removal came after the Indian Removal Act of 1830. The Cherokee, whose journey was known as the '"'Trail of Tears'"', and the four other civilized tribes, Chickasaw, Choctaw, Creek and Seminole, were forced to emigrate to lands west of the Mississippi River, to what is now day Oklahoma, against their ... Show more content on Helpwriting.net ... Life was never the same after the Spaniards arrived. The Spaniards brought foreign diseases, horses, chains, knives, and guns to America. The Spaniards did not settle the area north of the Rio Grande because Spanish explorer Desoto did not discover gold. Spain reacted to news of Desoto"'"s failure by blaming the Indians for his defeat. The Spanish developed a prejudice against the Indians, which others followed.# During the American Revolution the Cherokees, discontented with the colonists"'" expansionist habits sided with the British. In the early periods of the Revolutionary War Southern militia attacked the Cherokee people. A peace treaty with the Cherokee"'"s was made on May 20, 1777, acknowledging defeat at the hand of the Americans. Consequently, the Cherokee Nation ceded large amounts of land in the Carolinas and Eastern Georgia to the United States. After the Revolution General Elijah Clarke of the Georgia Militia attacked the Cherokee nation on behalf of the American '"'revolutionaries.'"' In 1787 he defeated Indians at Jack's Creek and prompted the Cherokee nation to cede more land in Northeastern Georgia. To thank Clarke for his service the Georgia House of Assembly granted him a plantation, which was located on old Indian land. # After the Revolutionary War the Cherokee Nation '"'placed itself under the protection of the United States and agreed to specified boundaries for its territory'"' ... Get more on HelpWriting.net ...
  • 17.
  • 18. The Criminal Justice System : An Instrument Of Social Control INTRODUCTION Criminal Justice in general terms refers to the agencies of government charged with enforcing law, adjudicating crime, and correcting criminal conduct in the society. The criminal justice system is essentially an instrument of social control used by the government. Society considers some behaviors so dangerous and destructive that it either tries to strictly control their occurrence or outlaws them outright. It is therefore, the job of the agencies of justice to prevent these behaviors by apprehending and punishing transgressors or deterring their future occurrence. Two central philosophies anchor the commonly accepted idea of criminal justice. The first is a ardent requirement for increased conviction rates and the second is the perception that the people in prisons deserve punishment rather than rehabilitation. These philosophies have especially grave consequences for the underprivileged and marginalized. The criminal justice system is based on laws that are arbitrary and operate to the disadvantage of the poor and come across as law for the poor rather than law of the poor. It applies on the weaker sections of the community, regardless constitutional guarantees to the contrary. There are scarcely any public to advocate for new laws to help the deprived and there are virtually none to compel the government along with the legislature to amend the laws to protect the weak and the poor. Even after so many years of independence, no sincere efforts have been made ... Get more on HelpWriting.net ...
  • 19.
  • 20. Stamp Act Research Paper There were several Acts and policies signed by the British Parliament that had led to the Tea Party such as the Stamp Act of 1765, the Townshend Acts, and the Tea Act. All three of these acts share one thing in common and that is patriots and/or colonists opposing what was said and done by the Acts. First and the most certainly the start of the discontent of the citizens, came the Stamp Act which was a tax passed by British Parliament on March 22nd 1765. "The Stamp Act, imposed by the British Parliament upon the American colonies in 1765, was the first major impetus given toward the American Revolution."(Ritcheson, 543) The Act was inflicted on all colonists and required them to pay a fee on every part of printed paper they had used. Colonists however weren't bothered by the immediate cost but by the standard it was presumably going to enable. ... Show more content on Helpwriting.net ... They were used as means to manage commerce. On the other hand, the Stamp Act was viewed by the British as the opposite. Without the colonial legislature's approval, they raised money in the colonies. At that time, the majority of the colonists never put a foot down to maim the Stamp Act except for the one and only Patrick Henry. In an attempt to make the Stamp Act more fair and lenient towards the colonists, Henry Created the Stamp Act Resolves. The colonists were heavily influenced by the Resolves for they were "published widely in newspapers across the ... Get more on HelpWriting.net ...
  • 21.
  • 22. The Strict Constructionist View Of The Presidency The presidency has been titled the most prestigious executive position in the United States of America, yet it is the most restricted. Presidents possess vast formal powers, nonetheless these powers are restricted due to constitutional check and balances. Article II of the constitution contains the constitutional powers of the government, which delivers the method of election, and provide a permanent four year term. When reading the 2nd Article of the Constitution, many are struck by how much attention is given to the process of the presidential election, and the slight attention paid to the powers of the president once in office. Factually, several presidents have taken a restrictive view of their duties, and the process through which a president is nominated and ... Show more content on Helpwriting.net ... According to section 2 of the Pfiffner and Davidson textbook, William Taft's view of the Executive functions is, as he conceived it was that "the president can exercise no power which cannot fairly and reasonably traced to some specific grant of power or justly implied and included within such express grant as proper and necessary to its exercise. Such specific grant must be either in the federal constitution or in act of congress passed in pursuance thereof." In other words, William Taft believed that he couldn't accomplish anything the constitution did not allow. He believed that as a president, power must be right and blameless by affirmative constitutional provisions or those powers are nonexistent. Furthermore, one can look at the strict constructionist presidency theory and realize how much it limits president's actions; even in emergency situations. As a reader, it is apparent that William Taft was very observant of the law. In many ways, Taft considered himself a "progressive" because of his profound belief in the law and because he saw the law as the most powerful tool that should be used to solve society's ... Get more on HelpWriting.net ...
  • 23.
  • 24. National Security Outline Essay TABLE OF CONTENTS FOR NSL READING CHAPTER 1: National Security Law and the Role of Tipson 1 CHAPTER 2: Theoretical approaches to national security & world order 4 CHAPTER 3: Development of the International Law of Conflict Management 5 CHAPTER 4: The Use of Force in International Relations: Norms Concerning the Initiation of Coercion (JNM) 7 CHAPTER 5: Institutional Modes of Conflict Management 17 The United Nations System 17 Proposals for Strengthening Management Institutional Modes of Conduct 23 CHAPTER 6: The Laws of War and Neutrality 24 CHAPTER 7: War Crimes and Nuremberg Principle 28 CHAPTER 12: Nuclear Weapons: Deployment, Targeting and Deterrence 33 CHAPTER 13: Arms Control in the Nuclear Age 36 Chapter 14: ... Show more content on Helpwriting.net ... –Military Sufficiency –Issue is how much military capability is enough – is it enough to have the same capabilities as potential threats or should we pursue superior capabilities –US leaders have varied greatly on how much is enough –Domestic strength –Important goal is to seek political cohesion, economic vitality, and good educational policies at home because it will help country to prevail during war (increases domestic support and morale) –Economic vitality and educational strength also provide resources to implement national security, help develop weapons to compete with enemies, and allow country to mobilize quickly in time of crisis –World Order –Some argue that balance of power is best way to achieve world order –Others argue that we need to organize and civilize international politics to achieve world order – 4 variations on how to do this: –1–Judicial approach – resolve differences between countries through third–party judges and arbitrators –2–Contractual approach –use collective agreements to limit use of force (consider Kellogg–Briand Pact) –3–Legislative approach – League of Nations, UN –4–Diplomatic approach – use diplomacy between national leaders to achieve stability –Global Welfare –Protecting human rights and promoting democracy are the important methods here –Doing these will improve domestic strength and world order as ... Get more on HelpWriting.net ...
  • 25.
  • 26. William The Conqueror Case Study Equity has brought benefits to many litigants who would otherwise have been severely disadvantaged by the common law. Discuss, with reference to decided cases. William the Conqueror found England with no single system of law common to the whole country. The law was mainly sets of customary rules which differed from area to area. For example, in one area you could get away with stealing, in another it would be seen as crime. There was no such thing as ' The English Legal System" until William's invasion in 1066. William developed the legal system and introduced many rules. William preserved some of the old customary laws and used them as a basis for common laws. He introduced the feudal system and King's justice, these were made to ... Show more content on Helpwriting.net ... The second remedy is specific performance in which the court compels a party to fulfill a previous agreement, as in the case of [Wrath v Tyler]. Rectification which is the amendment of documents which previously did not express its true intention such as in the case of [Re Posner] in which the testator was allowed to rectify his will to reflect his true intentions, is another form of remedy. The fourth remedy is rescission where a contract is nullified, thus allowing two parties to return to their original positions prior to the agreement as seen in [Tumstem v Bhanderi] On the other hand, equity also introduced modern remedies which are Mareva Injunction and the Anton Piller order. The former which is freezing order where the court has the authority to restrain a person from transferring his assests away from the court's jurisdiction such as to another country is first established in the case of [Mareva v International Bulkcarries]. The latter is the search order granting access into another's premise to search or remove any documents or evidences. As in the case of [Anton Piller v Manufacturing Processes Ltd], the defendant was suspected of selling away his campany's technical drawings to the rival company hence court granted the Anton Piller order to search his house. Last but not least, equity also established maxims to ensure decisions were morally fair. One of the popular maxims is " He who comes to equity must ... Get more on HelpWriting.net ...
  • 27.
  • 28. Malaysian Legal System lalJURISDICTION OF THE COURT 1.0 INTRODUCTION The jurisdiction and powers of court under the Malaysian hierarchy of courts are contained principally in the Courts of Judicature Act 1964 (Act 91) for the superior courts that is, the Federal Court, the Court of Appeal and the High Courts, and in the Subordinate Courts Act 1948 (Act 92) for the subordinate courts that is the Sessions, Magistrate's and Penghulu's Courts. 2.0 MALAYSIAN JUDICIAL STRUCTURE Malaysian judicial structure can be divided into 2 section which are : 1) Superior Courts Federal Court, Special Court, Court of Appeal and High Court 2) Subordinate Courts Sessions Court, Magistrates' Court and Court for Children "Promotion of judges, wherever such a system ... Show more content on Helpwriting.net ... However the Federal Court also goes on circuit to the major towns of Penang, Ipoh, Kota Bharu, Johor Bahru, Alor Setar, Kuantan, Malacca, Kuching and Kota Kinabalu (section 75 of the Courts of Judicature Act 1964). Jurisdiction Article 121(2) of the Federal Constitution confers the Federal Court with the following jurisdiction– (a) to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof; (b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and (c) such other jurisdiction as may be conferred by or under federal law. Criminal Appeals The Federal Court may subject to section 87 of the Courts of Judicature Act 1964 hears and determines appeals against decisions of the Court of Appeal relating to any criminal matter decided by the High Court in the exercise of its original jurisdiction. Civil Appeals Section 96 of the Courts of Judicature Act 1964 provides that an appeal against the decision of the Court of Appeal may be made to the Federal Court with with the leave of the Federal Court. Leave is only granted if– (a) the decision of the Court of Appeal is in respect of any civil cause or matter decided by the High
  • 29. Court in exercise of its original jurisdiction where it involves a question of general principle of law decided for the first time or a question of importance upon which further argument and a decision of the Federal Court would be to public advantage; or (b) the ... Get more on HelpWriting.net ...
  • 30.
  • 31. What Is The Darnell's Case Darnell's Case Introduction The Vlad's case also called as Darnell's case was an important English case law fought by Five Knights, one of them being Thomas Darnell (also called as Five Knights case) against the forced loans declared by King Charles I in Common Law Court. Facts– The Kingdom of Great Britain was in war with Spain and French and the King of Britain, Charles I was in need of money and he had exhausted all the sources to raise the money. The Parliament of 1626 had not voted for taxation, Charles decided to demand money from his subjects by sending request letters . As most of them denied to pay the money, Charles declared Forced Loans(The Loan of Five Subsidies) and denial to repayment will be answerable to Privy Council. Apart levying forced loans, Charles also began to billet his soldiers in the houses of civilians all along the South Coast of England and the soldiers were immune from local being military subjects. ... Show more content on Helpwriting.net ... The Knights demanded a show cause from the Crown for their arrest and they be released on bail. In November 1627, their appeal was on writ of Habeas Corpus before King's Bench Judgement– The Counsel on behalf of Five Knights pleaded that, the knights be released on the bail as it is their right and by the virtue of writ of Habeas Corpus to obtain the show cause for imprisonment. The Counsel also argued that Clause 39 of Magna Carta provides that, No man should lose his liberty without due process of law. The King's Bench rejected to bail the knights on the ground that Crown can commit without ... Get more on HelpWriting.net ...
  • 32.
  • 33. Law of Writs Law of Writs In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage, this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also. Writs under English law The origin of writs can be drawn from the English judicial system. The law of writs has its origin from the orders passed by the King's Bench in England. Writs were issued on a petition presented to the king in council and were considered as a royal order. Writs were a written order in the name of the king which acted as groundwork for ... Show more content on Helpwriting.net ... The first case reported on the writ of mandamus was the middletone case in 1573. When it will lie 1. Thus a writ of mandamus can only be granted when there is in the applicant a right to compel the performance of some duty cast upon the authority. The duty sought to be enforced must be a public duty. A private right cannot be enforced by the writ of mandamus. 2. The writ of mandamus can be issued to public authority to restrain it from acting under a law which has been declared unconstitutional. When it will not lie 1. When the duty is merely discretionary in nature the writ of mandamus will not lie. 2. A writ of mandamus does not lie against a private individual or any private organisation because they are not entrusted with a public duty. 3. A writ of mandamus cannot be granted to enforce an obligation arising out of contract. Prohibition A writ of prohibition is issued primarily to prevent an inferior court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice. It is issued by a superior court to inferior courts for the purpose of preventing inferior courts from having a jurisdiction with which it was not legally vested or in other words to compel inferior courts to keep ... Get more on HelpWriting.net ...
  • 34.
  • 35. Demographic Segmentation Department of Social Sciences and Humanities COLLEGE OF ARTS AND SCIENCES San Beda College Final Examination Introduction to Political Science, Philippine Government and Constitution I. MULTIPLE CHOICE QUESTIONS 1. The power of the government to enact laws promoting public welfare by restraining and regulating the use of liberty and property is otherwise known: a. Taxation b. Eminent domain c. Police power d. Ray–gun 2. The above–mentioned power is inherently vested upon the a. Judiciary branch b. Executive branch c. Legislative branch d. Armed Forces of the Philippines 3. The statement "No person shall be deprived of his life, liberty or property" is a. Absolutely true b. ... Show more content on Helpwriting.net ... d. To power to cram for exams with poise and grace. 14. The President may not make any appointments a. Two months before the next elections b. Two months after the opening of the campaign period c. Two months before the next presidential elections d. Two months during the next elections 15. An exception provided under the Constitution to the aforementioned prohibition is the temporary appointment of a. Justices of the Supreme Court b. High–ranking armed forces officials, when continued absence will cause disarray to the chain of command c. Executive positions, when continued vacancies therein will prejudice public service d. State prosecutors, when continued lack will result to injustice 16. Bogart was aboard PEKKA shipping lines. Unknown to him, his baggage was being inspected by the shipping line's private security officers, who in turn found packs of shabu therein. The security officers then reported the matter to the Philippine Coast Guard. In light of Article III, Section 2 of the Constitution, the search conducted is a. Invalid because consent was not given prior to the search. b. Invalid because the packs of shabu was not apparent on the outer surface of the
  • 36. baggage, and therefore would not constitute any probable cause to effect a warrantless search. c. Valid because had it not been for such random inspection, the shabu would not have been found. d. ... Get more on HelpWriting.net ...
  • 37.
  • 38. Administrative Law Essay PART A: This problem is a straight forward problem in judicial review and prerogative remedies. Judicial review can be done through Prerogative orders. Judicial review refers to the Court's review of a lower or administrative body's factual or legal findings[1]. Prerogative remedies are remedies which if not always are designed from the first for the control of governmental duties and powers, have long been used for the purpose especially[2]. These remedies are such as certiorari, mandamus, prohibition, quo warranto and habeas corpus. Appropriate remedies which Cristiano Ronaldo may seek in an action before the High Court and the reasons for seeking of each of the remedies are; Certiorari, this is an order issued by ... Show more content on Helpwriting.net ... The public duty imposed should be of an imperative nature and not a discretionary one. The applicant must have locus stand that is he must have sufficient interest in the matter he is applying for lastly there should be no other appropriate remedy available to the applicant. In this problem the conditions are present as Ronaldo has demanded the performance for the renewal of license and the Director of Trade refused and he was not been given notice as noted in the case of Palm Beach Inn Ltd and Another v. Commissioner for Tourism and Two Others[8]. Also Mr. Toure was having a duty to perform on him thus to grant license. This duty was not of an imperative nature as the case of considering the application of license and not discretion as per the case of Re Mohamed Aslam Khan[9]. Also Ronaldo has a interest as he is an aggrieved person thus he has a locus standi as per the case of Alfred Lakaru v. Town Director Arusha[10]. Lastly there is no other appropriate remedy as the right to appeal is not indicated in the problem. Reasons in which Ronaldo can base in his application are violation of the rules of natural justice as per the case of Simeoni Manyaki v. Institute of Financial Management[11] Also there was irrelevant consideration as per the case of Fernandez v. Kericho Liquor Licensing Board. Error of jurisdiction as per the case of R v. ... Get more on HelpWriting.net ...
  • 39.
  • 40. Checks And Balances Essay When the United States constitution was written by the founding fathers almost 238 years ago, the first three articles outlined both the powers and limitations of the three branches of government. In Article 2 of the constitution, the duties of the President, the Executive branch, are defined and the system of checks and balances are explained. These checks and balances are the Congress and the Supreme Court. Our founding fathers designed the constitution specifically so that no one branch of the American government would never be allowed to contain more power or have authority than the other two. In recent times, however, the executive branch has grown more powerful during stressful times. This power grab goes directly against what the founding fathers had in mind when they wrote the U.S Constitution. The rights of the American people are guaranteed and protected by the Constitution through this distribution of power. Giving more power to the executive branch would lead to an unequal distribution of power, something our forefather carefully tried to prevent from happening when they signed the Constitution. James Madison proclaimed in Federalist No. 47 that all power should be distributed equally among the three branches of government or the United States would conform to a dictatorship. "The accumulation of all power, legislative, executive, and judiciary in the same hands...may justly be pronounced the very definition of tyranny." There has been speculation that when the ... Get more on HelpWriting.net ...
  • 41.
  • 42. If God is good why is there evil in the world? Whence Evil? Theology – Essay If God is Good why is there evil? Author: Ng Bak Soon 20/6/2013 Theology Essay August 2013 Author: Ng Bak Soon Essay Title: "If God is good why is there evil in the world" Introduction The problem of evil is as ancient as humanity itself. Since the dawn of man, thinkers, philosophers, religionists and practically every human being who have suffered at the hands of evil have pondered this enigma, either as a logical–intellectual–philosophical or emotional–religious–existential problem. The preponderance of evil as a reality in human existence, and ... Show more content on Helpwriting.net ... The teleology of evil is ultimately embodied in a person, the person of the enemy of God. Let it not be forgotten then at the outset of our discussion on God and evil, that the rampant lawlessness and many faces of evil that we see around us is not just the mere issue of man's doings. It is according to Saint Paul, none other than Satan's operation (v. 9a) in all power and signs and wonders of a lie, and in all deceit of unrighteousness (vv. 9b, 10). The modern mind with its scientific enlightenment, and anti–supernatural outlook, easily askew the personification of evil. But the clear testimony of scripture is that evil is not just a "thing", a mere act of wrongdoing or transgression. It is all that to be sure, but even more so, the true nature of evil is that it is personified in scripture– the evil one (Matt. 13:19, 38; Mk. 9:39; Jn. 17:15; Eph. 6:16; Col. 3:9) as scripture calls it–with a mind and will of its own, that is totally and irrevocably opposed to God. Even as good is a person, God Himself, for no one is good except God alone (Mark 10:18; Luke 18:19); even so we need to realize in the depths of our being that evil is no less a person, Satan himself. To believe otherwise is to downplay the reality, nature and insidiousness of evil. According to
  • 43. ... Get more on HelpWriting.net ...
  • 44.
  • 45. Rule Of Law And Development Rule of Law and Development A Mutual Reinforcement Executive Summary The Post 2015 development agendas which are often called as the next generation MDGs includes Rule of Law, one of the most crucial component of development around the world. Precisely for developing countries like Bangladesh, the fragile state of rule of Law and access to justice implicates the downward situation of development, especially from the human rights perspective. This paper will analyze the sources, nature and elements of rule of law as well as development and scrutinize the nexus between these two. In light of realistic experiences around the world, this paper will try to find whether the implementation of rule of law practically substantiates the goals of sustainable development. At the same time, the situation of Bangladesh as well as the possible way outs will also be highlighted. Contents o Introduction o Definition and the Elements of Rule of Law o Definition and the Elements of Development o Why Rule of Law is a prerequisite for Development? o Linkage between Rule of Law and Development o The Judicial & Institutional Experiences o The Bangladesh Scenario: Problems and Recommendations o Rule of Law, Human Rights & Development: o Conclusion 1. Introduction In recent years, the concept of the "rule of law" has been gaining increased attention in academic and political circles. Now, a major opportunity to capitalize on the ... Get more on HelpWriting.net ...
  • 46.
  • 47. The Position of Islamic Lawin Malaysia CHAPTER FOUR: THE POSITION OF ISLAMIC LAW IN MALAYSIA 4.1 Introduction It has been argued, that if colonisation had not been responsible for the introduction and application of English law, Islamic law would have developed to become the law of the land. Islamic law, coupled with the customary law of the various races, indeed represent the indigenous sources or basic foundation upon which the eventual growth of a legal system could have been founded.1 However, the grant of the Charters of Justice 1826 to the Straits Settlements, and the eventual application of English law both through the judicial process and through legislation in the Malay States had effectively displaced Islamic law from its premier position. The role which Islamic ... Show more content on Helpwriting.net ... For example, it is stated (in traditional Malay language): "Orang berbuat bala cara laki–laki perempuan titah Dewata Maha Raya jika merdehika bujang palu seratus rotan. Jika merdehika beristeri atau perempuan bersuami ditanam hinggakan pinggang dihambalang dengan batu matikan."8 This is the law relating to the punishment for zinā. It can be interpreted as: "Those who commit unlawful intercourse between male and female, the order by the King are; if they are free person (not a slave) and unmarried, they will be flogged hundred lashes and if the free man had a wife or the free woman had a husband, they will be buried till waist and will be stoned to death." This law is in line with Islamic teaching. When Malacca was a Malay kingdom, a compilation of laws was made on the orders of the Ruler and this, the Ibid., p. 110. This stone was found near Kampung Buluh in Sungai Tersat, Kuala Berang at Hulu Terengganu, which its date is 22 February 1303 or 4 Rajab 702 A.H. 8 See Ahmad Ibrahim, Perlaksanaan undang–undang hudūd di ... Get more on HelpWriting.net ...
  • 48.
  • 49. Life Changing Events Happened From New York City Life changing events happened in New York City. On September 11th, 2001 was without a doubt, one of the most terrorizing experiences in the history of our Nation. You heard screams of agony from people who were trying to seek safety for their loved ones. Pillars of smoke filled the sky as innocent people cried out with agony and hurt of the injured and of people who didn't understand what was going on. The streets were filled with clouds of dust and debris. The news reporters told of the gripping story of how terror had struck the very hearts of the American people. Our President, George W. Bush gave clear and concise demands to the events within a few days following the horrible attacks on the Twin Towers. The demands that later led to new ACT's being passed by Congress, would have a drastic change to what we call Civil Liberties. By definition Civil Liberties is the state of being subjected only to laws that are established for the good of the community, especially in terms of our freedom of action and speech. When we think of the violation of Civil Liberties we think of those who are detained under specific verbiage, all the while understanding the Privilege of the Writ of Habeas Corpus will be measured for its effectiveness by ensuring the actions against the War on Terror, are justified. According to Mount (2010), the Writ of Habeas Corpus in the United States Constitution is traced back to the early English times and later on America The Latin translation of Habeas ... Get more on HelpWriting.net ...
  • 50.
  • 51. Prosecutorial Discretion Case Study Prosecutorial Discretion comes from the Bordenkircher v Hayes (1978) case. The Supreme Court ruled so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion. (Whitebread, Slobogin, 2008, p591) Some states require the prosecution to give them a detailed written reason as to why they chose to dismiss a case. In most cases, the prosecutor has absolute authority and are rarely challenged. Similar to most government officials, prosecutors also have both legislative and administrative restrictions. Prosecutors have the authority to dismiss charges and the authority to accept a plea deal of lesser charges. The main reason that a prosecutor may not prosecute an individual is because of insufficient ... Show more content on Helpwriting.net ... This type of prosecution deals with the Due Process Clause. This principle came about during the Supreme Court case Blackledge v Perry (1974). The case dealt with Perry being charged with a misdemeanor the beginning of his trial, but he beat the charges. The prosecutor then decided to charge him with a felony, in which, he plead guilty. The result of the case stated that the Due Process Clause imposes as a limited prohibition on prosecutorial use of charging prerogative to the extent that prerogative is used to penalize the exercise of legal rights (Whitebread Slobogin, 2008,p605). Although this was one Supreme Court decision, the court decided that they needed another decision in order to ensure that prosecutors were not being vindictive. The case North Carolina v Pearce (1969) decision stated that vindictiveness against a defendant for having successful attacked his first conviction must play no part in the sentence he receives after a new trial (Whitebread Slobogin, 2008, ... Get more on HelpWriting.net ...
  • 52.
  • 53. The Legacy Of Abraham Lincoln Abraham Lincoln, son of Thomas and Nancy Lincoln, was born February 12, 1809. He grow up in Hodgenville, Kentucky in a period when slavery was legal. His father Thomas did not approve slavery reason why his family didn't own any slaves. Thomas Lincoln move to Indiana in 1816 with is family and two years later his wife died of milk sickness. The life in Indiana not being what they wanted Thomas then decided to move is family to Illinois. We have to know where Abraham came from in order to understand is political orientation in order to be able to make a judgment on what he may have or not done right and wrong. At the age of 23 Abraham decided to leave his parent to live on his own. And later started his political career by joining the ... Show more content on Helpwriting.net ... After lost his son, Edward, in 1850 Abraham took a break from politics to focus on his family. Later after his son Thomas birth in 1853 he decided to go back in to politic in order to stop the spread of slavery in the USA. Popular Sovereignty is the principle that the authority of the government is created and sustained by the consent of its people, through their elected representatives who are the source of all political power. Senator Douglas was trying to make people to vote if slavery should continue or bane from the USA. Abraham was against slavery and took action to fight The Kansas– Nebraska Act and also against Senator Douglas. He then left the Whig party to join the Republican Party and to a shot in 1858 against Douglas for the senate in one of his speech Lincoln said A house divided against itself cannot stand. I believe this government cannot endure, permanently half slave and half free. I do not expect the Union to be dissolved– I do not expect the house to fall– but I do expect it will cease to be divided. Although Lincoln wasn't popular, The Republicans think is ready to be vice president or even better president of the United States. But he self wasn't convince of his chance due to his unpopularity and past failure. His Party convince him to give it a try, in 1960 he was invited at the Copper Union in New York City and the speech that he gave was so powerful that it became so popular. That even gave a boost into his popularity and get him ... Get more on HelpWriting.net ...
  • 54.
  • 55. One Significant Change That Has Occurred in the World... E SSAYS ON TWENTIETH–C ENTURY H ISTORY In the series Critical Perspectives on the Past, edited by Susan Porter Benson, Stephen Brier, and Roy Rosenzweig Also in this series: Paula Hamilton and Linda Shopes, eds., Oral History and Public Memories Tiffany Ruby Patterson, Zora Neale Hurston and a History of Southern Life Lisa M. Fine, The Story of Reo Joe: Work, Kin, and Community in Autotown, U.S.A. Van Gosse and Richard Moser, eds., The World the Sixties Made: Politics and Culture in Recent America Joanne Meyerowitz, ed., History and September 11th John McMillian and Paul Buhle, eds., The New Left Revisited David M. Scobey, Empire City: The Making and Meaning of the New York City Landscape Gerda Lerner, Fireweed: A ... Show more content on Helpwriting.net ... The beginnings and ends of what we choose to call centuries are almost invariably years of little significance. But there is little agreement over when the twentieth century c.e. arrived, and there were several points both before the year 2000 (the collapse of the Soviet Union, the reunification of Germany, the surge of globalization from the mid–1990s) and afterward (9/11, or the global recession of 2008) when one could quite plausibly argue that a new era had begun. A compelling case can be made for viewing the decades of the global scramble for colonies after 1870 as a predictable culmination of the long nineteenth century, which was ushered in by the industrial and political revolutions of the late 1700s. But at the same time, without serious attention to the processes and misguided policies that led to decades of agrarian and industrial depression from the late 1860s to the 1890s, as well as the social tensions and political rivalries that generated and were in turn fed by imperialist expansionism, one cannot begin to comprehend the causes and consequences of the Great War that began in 1914. That conflict determined the contours of the twentieth century in myriad ways. On the one hand, the war set in motion transformative processes that were clearly major departures from those that defined the nineteenth–century world order. On the other, it perversely unleashed forces ... Get more on HelpWriting.net ...
  • 56.
  • 57. Library Management Library and Information Center Management Recent Titles in Library and Information Science Text Series Library and Information Center Management, Sixth Edition Robert D. Stueart and Barbara B. Moran United States Government Information: Policies and Sources Peter Hernon, Harold C. Relyea, Robert E. Dugan, and Joan F. Cheverie Library Information Systems: From Library Automation to Distributed Information Access Solutions Thomas R. Kochtanek and Joseph R. Matthews The Complete Guide to Acquisitions Management Frances C. Wilkinson and Linda K. Lewis Organization of Information, Second Edition Arlene G. Taylor The School Library Media Manager, Third Edition Blanche Woolls Basic Research Methods for Librarians Ronald R. Powell and Lynn ... Show more content on Helpwriting.net ... Stueart and Barbara B. Moran All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2007007922 ISBN: 978–1–59158–408–7 978–1–59158–406–3 (pbk.) First published in 2007 Libraries Unlimited, 88 Post Road West, Westport, CT 06881 A Member of the Greenwood Publishing Group, Inc. www.lu.com Printed in the United States of America The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48–1984). 10 9 8 7 6 5 4 3 2 1 To our grandchildren Annika, Jacob, Katherine, Madison, Magnus, and Molly Contents Illustrations . . . . . Preface . . . . . . . . . Acknowledgments . The Web Site . . . . . . . . . . . . . . . . . . . . . . . . .
  • 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • 59. . .xvii . . xxi . .xxv .xxvii Section 1: Introduction 1–Managing in Today's Libraries and Information Centers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The Importance of Management. . . . . . . . . . . . What Is Management? . . . . . . . . . . . . . . . . . . . Who Are Managers?. . . . . . . . . . . . . . . . . . . . . What Do Managers Do? ... Get more on HelpWriting.net ...
  • 60.
  • 61. Sterickland V. Taylor Case Summary Mickens v. Taylor, 535 U.S. 162, 122 S. Ct. 1237, 152 L. Ed. 2d 291 (2002) Facts: Mickens (respondent) was indicted the planned homicide of Lobby, and he was sentenced to death. After five years he recorded a request for a writ of habeas corpus. In the writ he asserted that he had been denied of successful help of insight since one of his court–selected lawyers had an irreconcilable circumstance, to be specific, his lead trial lawyer Saunders had spoken to Lobby at the season of the homicide. Three weeks after Saunders had met with Corridor, who was then killed, Saunders was selected as advice for Mickens. Saunders did not tell Mickens that he had spoken to Lobby, but rather Mickens found out about the past representation when an assistant ... Show more content on Helpwriting.net ... In Strickland v. Washington, 466 U.S. 668 (1984), we built up that keeping in mind the end goal to set up incapable help of advice under the 6th Amendment, a respondent needs to build up that insight's execution was equitably inadequate and that yet for that lacking execution, the trial result would have been distinctive. There are exemptions to the general standard. In situations where a barrier counsel has a dynamic irreconcilable situation, we assume that the trial result has without a doubt been influenced, and we don't require the respondent to demonstrate likely impact. In Holloway v. Arkansas, 435 U.S. 475 (1978), we held that a programmed inversion is proper when the trial court does not ask into a numerous representation irreconcilable situation that is raised by resistance counsel. In Cuyler v. Sullivan, 446 U.S. 335 (1980), we didn't extend Holloway's programmed inversion standard to situations where no complaint has been made to a different representation circumstance. In those cases, a litigant must show that an irreconcilable situation really influenced the sufficiency of his representation. Sullivan additionally tended to the subject of when the trial court has an obligation to ask into the legitimacy of various representation. It said request is essential just when the trial court knows or sensibly ought to realize that a specific clash exists. For today's situation we should decide how the assumed irreconcilable circumstance agrees with these cases. Here, guard counsel did not challenge his failure to speak to Mickens successfully, and the trial court did not make the Sullivan–ordered investigation into the respectability of numerous representation. Therefore, Mickens still had the weight of demonstrating that the irreconcilable situation ... Get more on HelpWriting.net ...
  • 62.
  • 63. History of Common Law HISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales (the laws of England and Wales from 1967). These laws mainly deal with issues of property, theft, inheritance, money... The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD * Religious law It refers to the notion of a religious system or document being used as a legal source. * Civil law It derives from Roman law traditions. It's also known as Continental European law. Laws recognized as authoritative are ... Show more content on Helpwriting.net ... According to historians, English law is the offspring (daughter) of Frankish law (= early text in French + private law + technical terms) * Domesday Book = a great land survey commissioned by William I to assess (value) the extent of the land and resources being owned in England, and the extent of the taxes he could raise. This book also relates the importance of a uniform legal system among people within the territory. Local courts came under the administration of Norman rules. * Laws of Henry I or Leges Henrici Primi (≈ 1115) = a legal treatise in England. It lists and explains the laws (how to conduct legal proceedings). Laws were actually issued by earlier monarchs that were still in force in Henry's reign. It covers a diverse range of subjects: ecclesiastical cases; treason; murder; theft; feud; amounts of judicial fines... * Ranulf de Glanvill gt; reputed author of a book on English law. It was with his assistance that Henry II completed his famous judicial reforms. HENRY II (1154–89): Separation of the power of church * Changes implemented: Henry II began to send judges from central court (Supreme Court) into local courts in order to limit the jury's movements at Westminster (kings are dependent of the goodwill of law to maintain power). Henry wanted to diminish the power of the church, so he ... Get more on HelpWriting.net ...
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  • 65. 9/11 Federal Powers There are a few expressed powers mentioned in Article II section 2 of the U.S. Constitution. One of these expressed powers is for the president to be Commander in Chief of the Army and Navy when actually called into service. What does the power entail in today's world? After 9/11 the powers under the Commander in Chief grew substantially since the Supreme Court declared that the congressional intent supported the actions of the Commander in Chief. Not all good things come when someone gains more power than they have had before. Under the Bush administration members of the Taliban were rounded up and placed in Guantanamo Bay as detainees. The Bush administration believed that since they prison was in Cuba it fell outside of the U.S. Judicial jurisdiction. With the case of Rasul v. Bush in 2004 determined that the detainees in Guantanamo Bay had the right to habeas corpus petitions. A writ of habeas corpus is used when bringing a detainee or prisoner in front of the court to decide if the imprisonment is lawful or not. ... Show more content on Helpwriting.net ... This power is one of the least limited powers granted to the president under the Constitution. The power of pardoning someone came from the royal English Prerogative of Kings. Charles Pickney decided to propose the option of giving the chief the power to pardon someone on the 29th of May 1787. He did so since neither the New Jersey plan nor the Virginia Plan gave the chief the power to do so. Alexander Hamilton reflects this in The Federalist No. 74, in which he argues that humanity and good policy require that the benign prerogative of pardoning was necessary to mitigate the harsh justice of the criminal code. The pardon power would provide for exceptions in favor of unfortunate guilt. The President's Broad Power to Pardon and Commute. The Heritage Foundation. N.p., n.d. Web. 11 Aug. ... Get more on HelpWriting.net ...
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  • 67. Administrative Law Week Two THE FEDERAL SYSTEM OF JUDICIAL REVIEW If you want to challenge a decision made by a Cth statutory body, e.g. the Australian Electoral Commission of the Australian Taxation Office, you must turn to the federal system of judicial review. The HC was given original jurisdiction by s.75 of the Cth Constitution to judicially review (to issue writs) decisions made by officers of the Cth. However, it is not easy to get to the HC – it reserves itself for important decisions. The Federal Ct was created in 1976 to relieve the workload of the HC and today nearly all judicial review applications go firstly to the Fed Ct. THERE ARE TWO WAYS OF GOING TO THE FEDERAL CRT: 1. Common law jurisdiction (given to it by s.39B ... Show more content on Helpwriting.net ... – The ABT had extensive powers and its ultimate power was to revoke a commercial TV license. – S.88 of the ABT Act said the tribunal may suspend or revoke a commercial TV license. But certain preconditions to taking that step were set out in the legislation. The one in question, part B provided that the tribunal is satisfied that the licensee is no longer a fit and proper person. Here, the licensee was the QTL – Therefore the two step process. (the final decision is to suspend or revoke, but to get there, it has to be satisfied of the latter). – The ABT was halfway through its proceedings when Bond sought ADJR Act review. – In the process of satisfying itself that the licensee (the coy) is a fit and proper person, it reached a no. of conclusions of fact. Firstly, that Bond had agreed to pay the Premier of Qld $400,000 to settle his defamation claim not believing that the sum was justified by that sum alone, but believing that if he did not settle at that figure, the Premier might harm Bond's interests in Qld. They also found that Bond gave false evidence to the Tribunal. – On that basis, the ABT made two findings. Firstly, it made a conclusion that Mr Bond would not be a fit and proper person to hold a broadcasting license and secondly, because he was the Managing Director and had the controlling interest in the company that was the licensee, the licensee was no longer a fit and proper person to hold the TV license. – ... Get more on HelpWriting.net ...
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  • 69. Requesting a Writ of Mandamus in Nj I. Why do we want a Writ of Mandamus? In general, a writ of mandamus can be described as an order, commanding the performance of an act that the law requires as a clearly defined duty, arising from an office, trust, or station. 55 C.J.S. Mandamus § 1. Moreover, a writ of mandamus may be issued to command a nongovernmental body, such as a medical licensing board, to perform a specified duty imposed by law, and can also be invoked to control flagrant abuses of discretion. Id. For example, in some instances, upon judicial review, if a court is satisfied that the applicant is entitled to a license, it may order the license issued notwithstanding the boards denial of the license. 70 C.J.S. Physicians and Surgeons § 38. In New Jersey, ... Show more content on Helpwriting.net ... Thus, this first element is likely satisfied. III. Which division of the New Jersey Superior Court is the most appropriate forum? As mentioned above, the last element a court considers when determining whether to permit review is whether the proper forum has been selected. Rule 2:2–3(a) was promulgated by the Supreme Court pursuant ... Get more on HelpWriting.net ...
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  • 71. Is There a Fundamental Difference between Religious... Is there a fundamental difference between religious terrorism and secular terrorism? Introduction Terrorism has existed as long ago as classical times although its modern counterpart has appeared during the French Revolution with Montesquieu's Reign of Terror. More recently, terrorism has assumed a new guise with much of its deeds perpetrated in the name of religion. Although religious terrorism is popularly associated with Islamism, it is not necessarily so. Almost all religions have started practicing some sort of violence and aggression against outsiders, and religious terrorism seems to be on the rise. The following essay seeks to demarcate between terrorism and normal violence on the one hand, and between secular terrorism and religious terrorism on the other. It also questions whether religious terrorism is worse than secular terrorism and which will be more likely to increase in the future. Terrorism: What it is and how it differs from other forms of violence Terrorism in its simplest form is a practice of violence where the perpetrator strongly believes in his cause and is willing to die for the perpetration of his violence. Terrorism today extends beyond the perpetrator's local country and has become a global phenomenon. On more specific level, there are 4 distinctions between terrorism and violence: Terrorists are better trained and more self–disciplined than 'regular' criminals who practice petty violence. The latter is often opportunistic, sometimes ... Get more on HelpWriting.net ...
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  • 73. Case Analysis : Grady Vs Corbin Grady vs Corbin was a United States Supreme Court decision in 1990, which held that the Double Jeopardy Clause in the 5th Amendment to the Constitution bars subsequent prosecutions for an offense which the defendant has already been prosecuted. Essentially, the Double Jeopardy Clause of the 4th Amendment says no one shall be tried twice for the same offense. The double jeopardy clause serves two functions, both of which should be considered when faced with a double jeopardy problem. One traditional function of the double jeopardy prohibition has been to prevent multiple prosecutions in more than one proceeding, to bar successive prosecutions for the same offense. The purpose of which is to ensure final resolution of substantive criminal ... Show more content on Helpwriting.net ... He was served with two uniform traffic tickets directing him to appear at a Town Justice Court. One ticket charged him with the misdemeanor of driving while intoxicated (DUI), and the other charged him with failing to keep to the right of the median. When Corbin pleaded guilty to the traffic tickets in the Town Justice Court, the presiding judge was not informed of the fatality or of a pending homicide investigation. Subsequently, a grand jury indicted Corbin, charging him with reckless manslaughter, criminally negligent homicide, and third–degree reckless assault. A bill of particulars identified the three reckless or negligent acts on which the prosecution would rely to prove the charges: (1) operating a motor vehicle on a public highway in an intoxicated condition; (2) failing to keep right of the median; and (3) driving at a speed too fast for the weather and road conditions. Corbin 's motion to dismiss the indictment on, inter alia, constitutional double jeopardy grounds was denied by the county court. Corbin then sought a writ of prohibition barring prosecution, which was denied by the Appellate Division. The State Court of Appeals reversed the decision, finding that the State's intention to rely on prior traffic offenses as the acts necessary to prove the homicide and assault charges. The second prosecution would be barred if the prosecution sought to establish an essential element of the second crime by proving the conduct for ... Get more on HelpWriting.net ...
  • 74.
  • 75. The Royal Perogative Essay The royal prerogative is a source of constitutional law, it derives from common law powers that have from the monarchy to the executive. The significance in constitutional law of the prerogative is that it provides the executive with considerable power to act without following 'normal' parliamentary procedures. As Dicey explained, the prerogative is 'every act which the executive government can lawfully do without the authority of an Act of parliament. In constitution terms it is therefore important to explore the means by which the UK constitution secures the accountability for the exercise of prerogative powers by the executives. Prerogative powers are those exercisable by the crown without statutory authority. Although historically ... Show more content on Helpwriting.net ... The bill of rights of (1688) can be seen as the historical origin of the supremacy of parliament and since that point, many of the prerogative powers have been abolished or superseded by the state. Prerogative powers, then can be described as the residual powers of the state that are not governed by the legislation and do not require authorisation by parliament. These include important matters of governance; the disposition of the armed forces; regulation of the armed forces: the grant of honours; diplomatic relations and making of treaties; the appointment of the minister and the dissolution of parliament. The queen retains the personal power to grant certain honours, to assent the Bills passed by parliament, to appoint the prime minister, and to dissolve parliament. The powers that fall within its scope are often of crucial importance to government, and it is perhaps peculiar that the limitations and controls upon the prerogative have not yet been formalised. Modern prerogative powers may be defined as the legal powers inherent in Government, which do not require the approval of Parliament for their exercise. It is traditionally been difficult to identify and assess the extent of prerogative powers within no codified list of those that exist. In October 2009 the Government published a review of ... Get more on HelpWriting.net ...