13Th Amendment

13th Amendment
The Court sees the Second Amendment as protecting a right of individuals to possess firearms
(505,Chemerinsky). With the Ratification of the Fourteenth Amendment in 1868 changed the
constitutional landscape and cemented a new basis for applying the Bill of Rights to the states. By
not fully incorporating the Bill of Rights this meant justices had to create their own standards for
what process is due under the Fourteenth Amendment (338,O'Brien). This is very important because
this deviated from methods of interpreting the Constitution and to establish their own thoughts
instead of holding up a strict constructionist view of the these incorporated laws. "The due process
revolution forged during the Warren Court years during the 1960's by extending the major
guarantees of the Bill of Rights to the states took on a life of its own"(407, O'Brien). This meant that
the Warren Court did nothing but reaffirm the ... Show more content on Helpwriting.net ...
One example of this was in the case of Richardson v. Wright (1972). This law required the
opportunity to appeal and provide sufficient evidence before the state can terminate disability
benefits (407,O'Brien). Today it is your right to appeal and to plead your case so the state won't cut
the benefits off since these individuals rely on these to sustain their economic lifestyles. The due
process clause was broken into two processes which were substantive and procedural due process.
"Procedural due process implies, the minimum objectives the government before it deprives any
citizen of life, liberty, or property" (545, Chemerinsky). Procedural due process refers to a specific
kind of notice and the opportunity to provide a cross examination for the recipient to plead its case
to not lose their benefits. The second process is
... Get more on HelpWriting.net ...

Compare And Contrast Procedural And Substantive Due Process
As one analyzes the differences between intent procedural and substantive due process, the purpose
of due process must be determined. The purpose of due process is assuring that no person shall be
deprived of "life, liberty, or property without due process of law". This is the only theory that is vital
to individual rights and freedoms than due process (Snyder, 2015). However, due process is not only
the opportunity to be heard, but to extend justice and fairness to the individual in relationship to
government. Hence, due process protects individuals from the encroachment of the state on person
right and interest (Snyder, 2012). Because, it is created in the provision of a fundamental balance
between the rights of individuals and the exercise of the authority of the state (Snyder, 2012).
The intent of procedural due process is a proposed step that must be followed while allowing student
and school personnel the opportunity in seeking redress for the alleged before any action is taken
against them ( Essex, 2012, pg. 83). The purpose of this concept is for procedural fairness. In
contrast, the intent of substantive due process is the process that ensures that a valid reason must be
in existence before an individual is deprived of life, liberty or property. So the means of achieving
this objective ... Show more content on Helpwriting.net ...
The law enacted in 974 by the congress guarantees the students a certain degree of confidentiality
and fundamental fairness regarding maintenance and the use of the student records (Essex, 2012,
pg., 189). Understanding FERPA is necessary to assess the school confidential policy worksheet will
be used to conduct the assessment of student current policies whereas pinpointing the issues
regarding student confidentiality. But, to develop proper policy and procedure federal guideline
must be adopted relative to maintaining and releasing student

A Speech For Running For A Texas House Of Representative
SHAKYA 4
1 Nisha Shakya Professor, S. Sharifian GOVT. 1 2306–71003 11/08/2017
As I am running for a Texas House of Representative, the agendas that I have set was to consider
social issues such as terrorism, health or mental sufferings and environmental degradation. My reach
of contribution to the society and campaign endorsement through a celebrity figure adds up to a
positive result. If my campaign becomes successful and I get elected, then the three committees that
I would serve would be Criminal Jurisprudence, Human Services, and Environmental Regulation.
To begin with, the Criminal Jurisprudence functions as a committee that shall have nine members. It
is applicable in legal decisions like penalties, criminal law, probation, revision ... Show more content
on Helpwriting.net ...
Since, there are limited amounts of officials in a particular committee, likely thoughts during a
meeting would draw more attention in a certain interest group.
The voter groups are the one who has the highest expectation towards their elected member. It is
first important to analyze the problems in a community to provide service for the voters. Anyone
could be a victim of the agenda that I got elected for, i.e. crimes, health and environmental suffrage.
The constituent services that I would do for the voters is by adhering to make the surrounding a
safer area or strict security, confirming insured people, and creating a green act movement to save
our atmosphere from any kind of degradation. In addition, I would also specifically focus on high
profile cases like crimes so that the voters would be benefited with all the basic needs to sustain as a
secure human being.
About creating a "homestyle", I would prefer something that would influence my voters for
reelection and, also build a trust in them by implementing the ideas presented before the election. It
often happens when the elected leader fails to accomplish their goals which makes their voters to
distrust the political leaders. So, I would focus my district's agenda very strictly by setting up a town
meeting, planning in every perspective and mainly implementing the discussed issues. It is very
important to be physically available in the area of need, providing

Marriage Act ( Doma ) Essay
Two New York residents, both women, married lawfully in Canada. When one of the spouses, Thea
Spyer, died, she left her estate to the other spouse, Edith Windsor. Windsor was not able to claim the
estate tax exemption for surviving spouses because of the Defense of Marriage Act (DOMA), a
federal law that excluded same–sex partners from the definition of "spouse" in its statutory use.
Both the district court and the court of appeals found that portion of the statute unconstitutional.
Granting certiorari, the Supreme Court affirmed. The State of New York recognized Spyer's and
Windsor's Canadian marriage as valid. As such, DOMA "[sought] to injure the very class New York
[sought] to protect" and violated Due Process and Equal Protection principles. The Court reiterated
that "'a bare congressional desire to harm a politically unpopular group' cannot justify disparate
treatment of that group." b. Unpacking the "Bite" Cases Animus or a "bare desire to harm" is a
prevalent ground for applying rational basis with bite scrutiny. The court is also likely to use rational
basis with bite when analyzing "laws that classify on the basis of an immutable characteristic or
burden a significant right." Classifications based on immutable characteristics – those that an
individual cannot control – threaten principles of fairness integral to Equal Protection doctrine. In
closely related Due Process doctrine, a law that burdens a significant right – i.e., burdens a

What Is The Difference Between Substantive And Procedural Law
In this essay, we will do an international comparison between the U.S. and Mexico reviewing
substantive law, procedural law, judicial law, policing systems, and international police cooperation.
Currently the U.S. legal system is based on a common law system, while Mexico is based on a civil
law system. The U.S. and Mexico have substantive and procedural law. "Substantive law and
procedural law are the two main categories within the law. Substantive law refers to the body of
rules that determine the rights and obligations of individuals and collective bodies. Procedural law is
the body of legal rules that govern the process for determining the rights of parties (LD)." Both
countries have a judicial review of legislative acts. "Judicial review is a process under which
executive and (in some countries) legislative actions are subject to review by the judiciary. The
power of courts to assess whether a law is in compliance with the constitution (wiki)." In the U.S.,
the legal system appears to provide everyone with a fair trail as well as safety and security. This is
not what is given to those that reside in Mexico. Like stated before, the main problem in Mexico is
the links to government officials and the cartels. Before political officials are voted into office, they
should be vetted for ties to the local cartels, and not allowed to serve within the government if they
have previously worked with the cartels. The policing system in Mexico is as follows: "1. The
Federal Police which seem to be concerned primarily with the cartels. They also patrol all the toll
roads. Federal Police don't give tickets within the city. 2. The Metro Police who deal with all other
non–Federal crimes (and also the drug war). Metro Police also don't give traffic tickets. 3. The
Transit Police who are responsible for traffic violations within the metro areas. If the Transit Police
have higher crime issues to deal with, they call the Metro Police. 4. The Army, who are there ONLY
to deal with the cartels (CB)."
In comparing Mexico with the U.S. in terms of the legal system and policing, the biggest difference
is corruption. With human and drug trafficking at an all time high, Mexico Officials are also trying
to fight corruption

My Favorite Case We Went Over In Constitutional Law This
My favorite case we went over in constitutional law this year is Lochner v. New York because of the
display of power by the justices joined in the majority and the fervent dissent countering their
reasoning. I have described Lochner above in the context of the Commerce clause above but my
focus for this question is the case in context of the Substantive due process section of the class. The
substantive due process clause deals with the law itself and not the process, substantive rights are
protected under the Due Process Clause. This clause has come to encompass more and more rights,
such as abortion, the right to die, and many other. "No state shall deprive any person of life, liberty
or property, without due process of law" (U.S. Const. ... Show more content on Helpwriting.net ...
The general right to make a contract in relation to business is protected by the 14th amendment
because it was read into "liberty" of the due process clause. Justice Peckham established that "The
right to purchase or to sell labor is part of the liberty protected by this amendment, unless there are
circumstances which exclude the right" (Lochner 809). The court found that the right to contract was
a fundamental liberty, expanding the mean of that word to something more than just bodily freedom.
A reason I think this is one of my favorite case is because this is one of the earlier cases of Judicial
Activism. I tend to agree with Holmes' dissent more because he argues that the constitution should
not be used to limit governmental regulation under the guise of the 14th amendment to promote a
Laissez–fair form of economics. "But a constitution is not intended to embody a particular economic
theory, whether or paternalism and the organic relation of the citizen to the state or laissez–fair"
(Lochner 813). He states that "Every opinion tends to become a law. I think that the word liberty in
the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant
opinion...." (Lochner 813). He disagreed with the majority Justice's conclusion that creates law from
the bench. It is the job of the legislature to create laws

Policing Systems And International Police Corporation Essay
The justice system is a set of institutions, agencies, and process that have been established by the
government to control crime and impose penalties on persons violating the laws. Justice systems
vary across the many jurisdictions in the world; this paper is a critical analysis and comparison of
the judicial organization of America against another jurisdiction with an effective legal system. The
parameters around which the comparison will be centered constitute factors like substantive and
procedural law, judicial review, policing systems and international police corporation. Norway will
be the jurisdiction in comparison, the purpose of the benchmarks provided in this comparison is to
not to serve as policy but to offer a little guidance on the concept of the justice system, how it
operates and its ' procedures. It serves as a practical framework, which aims to develop a good
comprehension and understanding of judicial systems and provide scholars and students alike with a
structure around which they can evaluate a system 's efficiency and conduct research. A look at the
concepts and science behind the substantive law as a significant practical factor in the
operationalization of courts requires a shift of accent from the mere study of the legal doctrine to the
study of an operation of an institution. Substantive law and procedural law work in tandem with
each other to ensure that in all civil and criminal cases instated in courts, appropriate rules are
applied, and

Why Should The Uk Constitution Uncodified And Should...
Do you agree that the UK constitution is uncodified and should remain so?
Uncodified constitutions are not written down in a single document. "The United Kingdom is one of
only three countries in the world which has not written down its constitution in a single document."
The UK constitution can be sourced by looking at the Acts of Parliament, prerogative powers,
constitutional conventions, case law and EU law.
Many would argue that the UK constitution should become codified. The Liberal Democrats have
adopted establishing a written constitution as party policy. If the UK adopted a written constitution it
would help improve and clarify many legal disputes as the rules of the constitution would be written
down for courts to analyse and make ... Show more content on Helpwriting.net ...
Perhaps if a written constitution was created there would be too much difficulty in reading the text
and trying to discover the literal meaning of each part. Problems with drafting and deciding on the
content of the constitution may arise. It is also argued that there is no need to draft a constitution
when the "UK's constitutional arrangement has served it well for several hundred years." Professor
Barber recently stated "it is hard to see what we will gain by undertaking the exercise." It may turn
out that a written constitution is harder to change than an uncodified one and this would create huge
obstacles for the UK government as the constitution must evolve and progress with the times. This
issue can be seen in the US constitution, where the second amendment gives citizens the 'right to
keep and bear arms'. This has created a huge divide in the USA, with increasing incidents of gun
crime. Perhaps there is "no need to even question the adequacy of the constitution."
Having taken both arguments into consideration, I do agree that the UK constitution is uncodified
and should remain so. There is perhaps room for some more reforms, but I think the constitution has
served the UK well for a long time and this should not be altered. Although, I do understand why
some may want to have a written

Statue Raising Equal Protection Issues
1. Why does this statue raise equal protection issues instead of substantive due process concerns"
Substantive due process and equal protection require review of subastance of the law or other
governmental action rather than review of the procedures used. When a law of action limits
thelibeity of all individuals to do something it may violate substantive due process; when a law or
action limits liberty of some individuals but not others then it may violate the equal protection
clause. In this case because it's only applying to motorcycle operators and their passenges than it
raises some equal protection issues (Cross, Frank B. and Miller, L., 2012). This statue is more state
interest to protect others and promote safety. 2. What are the three

The Canadian Legal System: A Comparative Analysis
Canada unlike the United States is not a product of a unilateral declaration of independence from
British occupation (Blake, n.d.). The U.S owes its independence to a series of revolutions which led
to development of the U.S constitution, which guides its legal system. However, Canada gained its
independence from British rule through legislative and political processes. There is no single
document called Canadian constitution, but common are a number of statutes from the British and
Canadian parliaments. Although the U.S and the Canadian legal systems are comparable in many
aspects, the two legal systems have significant differences. There are two distinct types of laws, the
procedural and substantive laws (Boyd, 2011). Substantive laws concern ... Show more content on
Helpwriting.net ...
According to (Boyd, 2011), Canada's legal system is open to using and adopting case precedents
from United States and England when there are insufficient ones in the country's law. Since Canada
have less cases that deal with privacy, the Canadian jurists often seek reference to the American
cases that have been ruled on privacy rights. Moreover, the other areas that Canadian jurists make
reference while making decisions include corporate governance, securities law and insurance.
However, while making rulings on a wide range of legal matters, the jurists often make reference to
the decisions by the House of Lords and the English Court of

The 's Actions Were On Substantive Concerns As A Result Of...
Question 1: Gov. McAuliffe's actions were based on substantive concerns as a result of
consequences legal formalism created. His actions were of substantive justice because he was
concerned with how the laws were disenfranchising minorities who had been released from prison
by taking away their right to vote. This is substantive justice because Gov. McAuliffe is trying to get
justice for prisoners to be able to vote since it is their human right to do so in the United States. This
is substantive because it is working towards doing what is right for individuals when the laws are
not able to uphold fairness and justice (Sutton 2001). I think the VA Supreme Court's were mainly
formal concerns because they were upholding the laws and basing all of their decisions based on
what the laws stated and how they were carried out (Sutton 2001). For example, the fact that they
did not support Gov. McAuliffe passing the executive order because he did not legally have the
power to do so. Then when Gov. McAuliffe starting individually signing orders to give back voting
rights to individuals the VA Supreme Court did not stand in his way of doing so because his actions
were within the law. I think Gov. McAuliffe' decision to individually restore the voting rights of
felons is illegitimate because his actions did not fall under every part of legal–rational authority that
he does have. Under legal–rational authority, obedience to laws are expected because the laws are
seen as legitimate,

All Members of the Family Matters
Family, a close weaved group of people inseparable because of links of shared history, love, caring,
and understanding which links them to one another and ignites a since of belonging and
togetherness. Members of a family are like the patches of a patchwork quilt. Like the patches of the
quilt, family members are of different sizes, shapes, and colors but although different they all play a
part in creating a masterpiece which bond is only as strong as the weakest link. It's these differences
in sizes, shapes, and colors which makes patchwork quilt so unique and amazing to the public today.
Family works the same way you have different types of people with completely different mindsets,
hobbies, and careers but family is special. Family has a linkage between them, a certain bond that
may not be visible by eye but the bond is so strong that no matter what happens or how far apart
they are, they will always be linked back to the other members of the family. But what happens
when you put another angle to the common institution of family? What happens when that person in
your family who shares this linkage is a pet? Does this change the definition of family just because
the subject at hand is something other than human?
My substantive definition of family helps me too be able to accept pets as members of the family.
Under the definition of law, family is the formal social recognition and affirmation of a bond as
family, particularly in the form of marriage and adoption. Pets are

Widget Corporation Case Summary
BA 621
–
Business Law and Ethics
Final Project
–
Widget Corporation Case Analysis
Case Discussion and Analysis
In the case regarding Widget Corporati on, local handyman Lyle, and a Texas customer who will be
referred to as Big Star, there are many possi bilities for cla i ms and counter arguments. Several
items must be considered in regards to substantive law and procedural law.
The summary of the case describes the widget that caused the injury as the
"
wrong
"
widget and wrong will be interpreted as defective o r irregular for purposes of this project.
Substantive law is the part of law that contains the actual laws and the rights and remedies of law. In
this case substantive law would be examined to determine several scenarios. Big Star could bring
suit due to ... Show more content on Helpwriting.net ...
Law as defined by Black's free online dictionary is as follows: 1. That which is laid down, ordained,
or established. A rule or method according to which phenomena or actions coexist or follow each
other, 2.
A system of principles and rules of human conduct, being the a ggregate of those commandments
and principles which are either prescribed or recognized by the governing power in an organized
jural society as its will in relation to the conduct of the members of such society, and which it
undertakes to maintain and sanc tion and to use as the criteria of the actions of such members (Law).
Big St ar clearly has a case for suit because they have a standing to sue based on the fact that their
employee was injured by the improperly installed or defective widget. Big Star has a few options to
pursue, they could bring suit solely against Lyle fo r negligence in installation, solely against Widget
Corporation for strict liability or sue them both due to the partnership relation that was formed.
I
believe the case against Lyle is the most winnable case for Big Star due to the admitted act of

Law Case Study
*** For the purpose of this assignment, I am assuming the following is correct ***
The State of Columbia enacted a long–arm statute subjecting a nonresident defendant to PJ in the
state for a personal injury claim sought to recover damages from an automobile accident that
occurred within the state.
The statute permits process of service to be made outside Columbia's borders, and G is challenging
the validity of P's service only on the ground that he was not personally served, (and through his
wife.)
G concedes that P need not to serve him within the State of Columbia and G may be served in the
state of G's residence, NY.
Pam (P) v. Global Motors (GM)/ Gus (G)
Personal Jurisdiction
It is an authority to adjudicate claims and ... Show more content on Helpwriting.net ...
Constitutional Limitations
To comport with the Constitution, P must meet the minimum contacts standard set forth in
International Shoe.
Minimum Contacts
The facts provide that P was riding in the GM's bus driven by G at the time of the accident. Since
the G was driving the company's bus in the state of Columbia, GM is said to have purposefully
availed itself of conducting its business in the state of Columbia. It is implied that G was driving
in/through the state of Columbia as a usual course of business. It is reasonably foreseeable that an
automobile accident can happen in Columbia as G was driving on the bus route in the state. This
will be sufficient to satisfy the minimum contact requirement. GM reasonably should know that it
could be haled into courts there. Thus, suing the defendants in Columbia would not offend notions
of fair play and substantial justice. P's claim relates to the forum state strongly because this is a
personal injury claim for her injuries suffered in the bus accident that occurred in the forum state. G
was involved in the accident within a scope of the employer–employee relationship because the
accident occurred while he was on duty and driving the GM bus. Under the doctrine of Respondeat
Superior, GM can be held liable for G's negligence.
Therefore, the state of Columbia has PJ over GM and G.
Subject Matter Jurisdiction

Federal–Question
Claims can be heard in federal court if it arose under the laws of the United States, the

Law 421 Week 1 Dq1 Essay
Discussion Questions One LaShanda Prejean LAW 421 Peter Derouen March 5, 2013 Discussion
Questions One 1. To what extent does succession planning–such as for wills, estates, and trusts–
affect business? How might these legal topics interact with your current or past job or industry?
Every company succession plan carries the three bases that are will, trust and estate. The will, trust
and estate provided a financial security and help plan the future. The purpose of the succession
planning is it helps in organizing wealth that is transferred from one generation to the other. With
assist from experts regarding disputes of lands that is in wills and estates helps manages and settling
down any disputes. ... Show more content on Helpwriting.net ...
The President approves and carries out laws passed by the legislative branch. He appoints or
removes cabinet members and officials. He negotiates treaties, and acts as head of state and
commander in chief of the armed forces. 3) (The judicial branch) oversees the court system of the
U.S. Through court cases, the judicial branch explains the meaning of the Constitution and laws
passed by Congress. The Supreme Court is the head of the judicial branch. Unlike a criminal court,
the Supreme Court rules whether something is constitutional or unconstitutional–whether or not it is
permitted under the Constitution. 3. What are some examples of alternative dispute resolutions
(ADRs)? What are the advantages and disadvantages associated with ADR versus litigation? What
are some examples of arbitration that can occur in your professional and personal life? Explain.
Alternative Dispute Resolution (ADR) is an increasingly popular option that allows people to
resolve disputes outside of court in a cooperative manner. ADR can be faster, cheaper and less
stressful than going to court. [Most importantly, the use of ADR can provide greater satisfaction
with the way disputes are resolved. ADR has been gradually evolving within the Fresno Superior
Court for the past several years. In 1999 the Court recognized a need for greater public access to
dispute resolution for cases and established an ADR Department. This

American Courts And Substantive Law
What have we learned about American courts and substantive law? We have learned that there are
many parts of the American courts. Each court has its own responsibility, in this paper I will specify
all of the responsibilities and the courts, state and federal, I will also identify the difference between
them for better understanding. Furthermore I will continue to go into detail and state what I have
learned about American courts and substantive law. There are four main federal courts in America;
The United states Supreme Court, which are the highest courts there is, the United States court of
Appeals, the United States District courts and the Special courts. Each court has its own
responsibilities and own significant court inside of ... Show more content on Helpwriting.net ...
(source) The Supreme Court as we all know and have learned is the highest of authority. Each court
has a certain amount of judges or justices sitting on the bench and the Supreme Courts of America
each have nine justices sitting on the bench. What is a justice? A justice is specified as a magistrate
or judge for the Supreme Court. Federal judges are appointed for life under article III of the
constitution so that they wont be afraid to make their unpopular decision. They are guaranteed life
tenure so it is not reduced. https://ballotpedia.org/Federal_judge The Supreme Court specializes in
hearing civil and criminal cases, although lower courts hear most cases first unless the crime is
significant then the case will be sent to the higher courts of the State for criminal procedure. There is
a framework of laws and rules that govern the administration of justices in cases involving an
individual or individuals who have been accused of a crime, beginning with the initial investigation
of the crime and concluding either with the unconditional release of the accused by virtue of
acquittal or by the imposition of a term of punishment pursuant to a conviction for the crime, this is
known as criminal procedure. Decisions rendered by the Supreme Court are not appealable;
decisions are a signed opinion by the justices.

Due Process
Due Process
Crystal Groff
Strayer University
Professor Freeman
Abstract
We all wonder what the words life, liberty, and property derived from. In this paper I will be
explaining what due process is and how it relates to life, liberty, and property. I will also explain
where due process came from and what 2 amendments relate to due process. Before we start though
I would like you to know that due process is there to protect the defendant under proving guilty.
Define due process and its origin? Due process refers to a set of established legal principles, derived
from the Constitution, that seek to protect the rights if citizens. It is done to insure that the
government treats all the individuals properly and does not abuse ... Show more content on
Helpwriting.net ...
Substantive refers to the specific rights being denied, even if the process is deemed fair. Actions are
taken by the state in a process that would be considered fair, but could still be challenged on the
basis that it improperly denies a right. Substantive is which includes all your basic amendment
rights. An example could be Griswold vs. Connecticut (1995). Connecticut law made it illegal for
doctors to dispense birth control to their patients. The court ruled that the law violated the
Constitution not because it was passed or applied improperly, but because it denied that patients
their right to privacy. Another example could be the law that Pennsylvania has that everyone that
wants to vote will need to show a valid ID to prove that no laws are being broken. This applies
because it goes against a person right to speech and freedom. One good example I like to think due
process came from was from the Bible on the Garden of Eden, because God did not immediately
punish them. The first thing that God did was ask "Where art thou Adam?"– Thereby giving him
notice. God gave him a chance to be heard by asking "Didn't thou eat the forbidden fruit (The
Beginning, 2007)?" In my options this in when due process came into affects; no one would like to
relate due process to the Garden of Eden time.
References
Gonzales, Kristin. (2012). What is Due Process? Basic Rights and Fundamental Fairness. Retrieved
from

Essay On Due Process
The term due process of law is in the 5th amendment of the U.S Constitution. It states "No person
shall . . . be deprived of life, liberty or property, without due process of law" (The V Amendment of
the U. S Constitution). Due process also comes from the sixth and fourteenth amendment of the U.S
Constitution. This term means that it's a constitutional law that is guaranteed that every citizen gets
every legal proceeding. They will be treated equal and the individual will be noticed of those
proceedings, the individual is given the chance to be heard before the government does take life,
liberty, or property away. It gives guarantee that a law isn't unreasonable or arbitrary. In the sixth
Amendment it guarantees the seven specific rights to any person getting charged. The seven rights
are right to speedy trial, to a public trial, to be judged by an impartial jury, right to know the
accusers are and to know the nature of the crime being committed and evidence held against you.
This connects to due process by giving a notice of the individual rights and being able to have those
rights, however on the upside that notice will better help a criminal find a lawyer or make
themselves think about there actions. Many citizens of ... Show more content on Helpwriting.net ...
Arizona, 384 U.S. 436 (1966) is about a young man named Ernesto Miranda that was arrested in
Phoenix, Arizona. He was a link to a kidnapping and rape of an eighteen–year–old girl a week
earlier. Police officer interrogated him for a few hours and finally Miranda verbally confessed about
the rape charge. Miranda also stated he made the statement voluntarily with no threats, and with full
knowledge of legal rights, understanding any statement can be used against him. The one thing
Miranda didn't know was he had the right to counsel, remain silent, and that anything he said can be
use against him. What was orally was finally put on paper and that evidence makes this case boost to
the highest courtroom in the

State X Enacted A Statute Essay
State X enacted a statute in 2000 that stated, "the governor has the sole authority to declare a state of
emergency and, during the emergency, to suspend all rules, regulations, and rights as seem fit
without court supervision and/or authorization." Following a breach of levees in City B located in
State X, the governor of State X ordered that all legal and illegal firearms be confiscated. The
governor also ordered all police and troops to conduct a house–to–house search and seizure of all
such weapons. In order to determine the constitutionality of the statute under the circumstances, we
must first examine the constitutional authorities prevalent to the issue at hand. The constitutional
authorities that apply to this statute are the 5th and 14th amendments. The 5th amendment states,
"No person shall be deprived of life, liberty, or property without due process of law." The 14th
amendment states in pertinent part "Nor shall any State deprive any person of life, liberty, or
property without due process of law." There are two types of due process; procedural and
substantive. Procedural due process occurs when an individual who is faced with deprivation of
property or liberty is denied notice and an opportunity to be heard before a court. Substantive due
process is a question of whether the state has a reasonable basis for enacting a statute that interferes
with one's liberty. Under the current circumstances substantive due process would be appropriate in
evaluating the

Term Limits: The Negative Role Of Women In Politics
Women have an impact on the political realm because of their different leadership styles, their
different approaches to how to be a legislator, and the different way they prioritize issues based on
their unique perspectives. These impacts are left out if women are not in office and do not have a
seat at the table. This lack of descriptive representation leads to a lack of substantive representation
on various policy issues such as public policy in education, the wage gap, and family law, as well as
in reproductive rights, and gendered violence. Without women in office, these problems will
continue to rise as men tend to not prioritize these issues which leaves them unheard or unresolved. I
argue that institutional barriers such as term limits, committee placements, party platforms, and
professional legislatures only add to this problem. This is because once women are in office they
still have very little say because of their lack of leadership roles or high committee placements, their
obligation to vote the way their party does, and commitment to their family which keeps them ...
Show more content on Helpwriting.net ...
Term limits are beneficial for women in some ways, as they force incumbents out of office and free
up open seats to be available for women to increase their critical mass and get more women in
office. However, term limits are also harmful to women. Term limits prevent women from climbing
the ladder within a legislative body and increasing their political power. Many women start on
lower–ranking committees and because of term limits are never able to gain critical leadership
positions by becoming a committee chair or higher–ranking member of their legislative body
because they are forced out of office. This is problematic as women must leave office before ever
gaining enough power as a chair or higher–ranking committee member to pass legislation that
pertains to their

How Is The Uk Judiciary Uphold The Rule Of Law
Evaluate the extent to which the UK Judiciary has demonstrated its willingness to uphold the rule of
law as against the Executive and the Legislature with reference to the above quotation and relevant
case law. Introduction Always refer back to the person who quoted – we will look at this aspect will
argue that ... lead to conclusion which will state that.. There is no one fixed definition of the rule of
law which is a political theory, It has been defined by Aristotle (384–322 BC) he stated "It is better
for the law to rule than one of the citizens... so even the guardians of the laws are obeying the laws".
The most famous definition of the rule of law is given to us by Dicey (1835–1922) In 'An
introduction to the study of the Law of the Constitution': 1.Regular law should should prevail over
arbitratry power, 2.The law should apply equally to all and 3. There should be no higher law other
than the rights of individuals, as determined through the courts. A modern, plain English version of
Diceys three principles might read, 1. Nobody can be punished unless they are proven in court to
have broken a law, 2. Nobody is above the law so the courts should treat everyone equally and 3.
The courts will provide remedy for any branch of an individuals legal rights. ... The purpose of the
rule of law is to limit state power and protect individuals against tyranny.... In R (Jackson) v
Attorney general (2005), Lord Hope referred to the courts as being "the ultimate controlling factor
on

Substantive Law Vs Procedural Law
Procedural law provides the process that a case will go through (whether it goes to trial or not).
Procedural law decides how a case will be tried and if all procedures were followed.
Substantive law defines how the facts in the case will be handled, as well as how the crime is to be
charged. It deals with the substance of the case.
Every charge is made up of elements. Elements are the specific acts needed to complete a crime.
Substantive law requires that the prosecutor or DPP prove every element of a crime in order for
someone to be convicted of that crime. The elements that are required will depend on the crime with
which the person is charged and the state's substantive laws. For example, for a driving while
intoxicated charge, it is

The Constitutional Principle Of The Rule Of Law
INTRODUCTION Undoubtedly, the constitutional principle of the rule of law is one of the most
essential values in the English legal system. It has aptly been characterized as "a wrapper that is
placed around a bundle of more specific principles". Interestingly, prominent personalities like inter
alia, Lord Bingham, Jeffrey Jowell and Dicey, have identified that legality, certainty, accountability,
efficiency, due process and access to justice are only a number of those specific principles which all
together constitute the rule of law. Some of these values reflect the formal conception of the rule of
law while others, the substantive. Furthermore, it would be an omission not to say that, within the
absence of a written constitution, the rule of law places a significant role within the English legal
system. The following essay will assess how the courts use the weapons of justice, to restrain and
scrutinize the abuse of the executive power in the UK. The role of the judicial review process and
the principles of: bare principle of legality and principle of legal certainty will be examined by
reference to academic opinion and case law. The conclusion will be that, although the dogma of the
rule of law managed to hold the executive up to a satisfying level, the principle of parliamentary
sovereignty does have the final say. Rule of Law To begin with, the constitutional principle of the
rule of law can be as simple as a set of theories about what the

The Purpose Of The Due Process
As we learn about the due process and what it has done for the world today, we learn what it took to
achieve the goal of the due process. The "Due Process" is a fundamental constitutional guarantee
that all legal proceedings will be fair and that one will be given notice of the proceedings and an
opportunity to be heard before the government acts to take away one's life, liberty, or property. Also,
a constitutional guarantee that a law shall not be unreasonable arbitrary or capricious. The due
process began and developed in English of 1215 and then in American Law as a procedural concept.
It was originated in 1354 translation from Latin for the first time in history, as "the government" was
"brought under law", since they didn't have basic ... Show more content on Helpwriting.net ...
The Probable Cause relates to the due process as it has to do with the 4th Amendment from the Bill
of Rights. There were many incidents that happened that illustrated Probable Cause. Back in 2000,
in Florida v. J. L. as a teenager was carrying a gun and allegedly, three Miami Police were told. The
police acted illegally stated by the Supreme Court, as they did not have the correct search warrant.
In this case, since they were tipped off, they had no real evidence on how they knew a teenager had
possession of a gun. Also, there has been such acts including the Probable Cause such as Minnesota
v. Carter, 1999 and Lidster v. Illinois, 2004. The Substantive Due Process is when the government
must create fair polices and laws. The Substantive Process had a case with Pierce v. Society of
Sisters, 1925. In 1922, Oregon's voters had adopted a school attendance law that requires all
students between the ages of 8 to 16 to attend public schools. A Roman Catholic school challenged
the law, but the Supreme Court stated that it violated the 14th Amendment's Due Process Clause.
The Procedural Due Process is when the government must employ fair procedures and methods. As
we talk about the Procedural Due Process, there was a case in 1952 between Rochin v. California. In
California, Rochin was a suspected narcotics dealer. He was jumped by deputies at his home as they
found two capsules of morphine in his room. They had to take him to the hospital to pump them out
as he swallowed them so they wouldn't know what those pills were. This shows how the deputies
went about it the wrong way. There are methods to the madness as they didn't need to invade his
home like

Wilde Case Summary
Wilde V. City of Normal The new ordinance regulating short term rentals violates Ima Liddle Wilde
right to due process, and right of contract protected under the 14th Amendment. Normal, Illinois's
city ordinance makes the historic 3 story Victorian property valueless, and resulted in a taking of her
property violating the taking clause of the 5th amendment, while also violating her right to contract
with fellow citizen. In Lucas V. South Carolina costal council of 1992, Justice Antonin Scalia
delivers the court's opinion stating "sacrifice all economically beneficial uses in the name of the
common good, that is, to leave his property economically idle, he has suffered a taking..." (Lucas
1234). ... Show more content on Helpwriting.net ...
v. Parrish states "The constitution does not recognize an absolute and uncontrollable liberty"
(Parrish 301) and that laws are required to safe guard the health, safety, and welfare of the people. If
the city can show a clear benefits the ordinance will have on the community, then liberty of contract
argument is not applicable to this case. In Muller v. Oregon (1908) in the opinion Justice Brewer
states that the state can restrict a person's right of contract without violating the 14th amendment
provisions, and again mentioning that contracts are "not absolute and extending to all contracts".
(Oregon 298) In this case restrictions are only placed on rentals shorter than 30 days and requires
the owner to reside in the house. Even with the limitations placed on Ms. Wilde the property still has
value, such as selling the property or renting it longer than 30 days at a time. Justice Blackmun in
dissenting in the Lucas case, states the "petitioner still can enjoy other attributes of ownership, such
as the right to exclude others" (Lucas 1237). Because the property still has economic productivity,
albeit with some regulation the ordinance does not invoke a taking. In Nolan v. California Coastal
Commission (1987) the Essential Nexus was established, meaning a conditional permit may be
constitutional if the owner is Page

Analysis Of The Fourth Sentence: The Maine Farmer
The Fourth Sentence: The Maine Farmer
When a judge expressed disbelief in the use of collaborative law, David Hoffman nearly told the
story of the Maine farmer, this being when asked if the farmer believed in infant baptism, he replied:
"Believe in it?, Hell I've seen it done!"
This essay does have to point out the irony of the first three sentences when viewing the fourth that
it is less common, clients are reluctant to use it and lawyers are slow to suggest despite there being
substantial benefits of engaging in alternative dispute processes like mediation or collaborative law.
It is submitted that the fourth sentence is also correct, in that, notwithstanding the first three
sentences there are substantive benefits to be gained through

Policing Systems And International Police Corporation Essay
Introduction The justice system is a set of institutions, agencies, and process that have been
established by the government to control crime and impose penalties on persons violating the laws.
Justice systems vary across the many jurisdictions in the world; this paper is a critical analysis and
comparison of the judicial organization of America against another jurisdiction with an effective
legal system. The parameters around which the comparison will be centered constitute factors like
substantive and procedural law, judicial review, policing systems and international police
corporation. Norway will be the jurisdiction in comparison, the purpose of the benchmarks provided
in this comparison is to not to serve as policy but to offer a little guidance on the concept of the
justice system, how it operates and its ' procedures. It serves as a practical framework, which aims to
develop a good comprehension and understanding of judicial systems and provide scholars and
students alike with a structure around which they can evaluate a system 's efficiency and conduct
research. A look at the concepts and science behind the substantive law as a significant practical
factor in the operationalization of courts requires a shift of accent from the mere study of the legal
doctrine to the study of an operation of an institution. Substantive law and procedural law work in
tandem with each other to ensure that in all civil and criminal cases instated in courts, appropriate
rules are

Introduction. The Justice System Is A Set Of Institutions,
Introduction The justice system is a set of institutions, agencies, and process that have been
established by the government to control crime and impose penalties on persons violating the laws.
Justice systems vary across the many jurisdictions in the world; this paper is a critical analysis and
comparison of the judicial organization of America against another jurisdiction with an effective
legal system. The parameters around which the comparison will be centered constitute factors like
substantive and procedural law, judicial review, policing systems and international police
corporation. Norway will be the jurisdiction in comparison, the purpose of the benchmarks provided
in this comparison is to not to serve as policy but to ... Show more content on Helpwriting.net ...
The Procedural law will govern how a legal case will flow it adheres to due process, a right that was
granted by the 14th Amendment. A murder charge on a person, the law must prove that they had
men's rea and Actus rea as to the arrest of the subject for trail is within the rights of the police. Due
process delegates that anyone arrested and held for a crime must become aware of all the crimes
against them within 72 hours of them being arrested. In the United States, a defense for criminal
intent is the plea of insanity, where an offender can plead to having been insane when he perpetrated
the offense, the application of insanity as a defense in the United States is synonymous and widely
associated with United States v. Hinckley, (1982). The defendant had attempted to assassinate
president Ronal Regan but failed in his attempts and wounded a couple of people. At trial, defendant
produced evidence in that point to the fact he was not guilty due to insanity. The jury found him not
guilty since he lacked the men 's rea necessary for committing the crime. It must be noted that in the
U.S, jurors shy away from finding persons with mental deficiency not guilty, they are punished for
their crimes and receive medical care while serving their sentences, however much they have been
rehabilitated they will never get out of jail. The Norway's insanity defense was first introduced in
1902, it requires no

Procedural Due Process Analysis
Under the Fifth and Fourteenth Amendments, citizens are protected from national and state
governments denying them their life, liberty or property without due process of the law and have a
right to some form of trial or hearing. (Magleby, O'Brien, Light, Peltason, & Cronin, 2008., p. 470)
Though the Supreme Court has refused multiple times to define due process conclusively saying
instead that due process, "is not a technical conception with a fixed content unrelated to time, place,
and circumstances," but due process relates to the rules and regulations that restrain how the
government exercises power. (Magleby, et al., 2008., p. 470) However, not everyone agrees what
those rules and regulations should be or how the government exercises its ... Show more content on
Helpwriting.net ...
Wade in 1973 and Planned Parenthood v. Casey in 1992, which reaffirmed the Roe v. Wade
decision. (Magleby, et al., 2008., p. 472) Even more volatile has been the debate surrounding
privacy in the years following the September 11th terrorist attacks. In light of the the passage of the
Patriot Act and revelations about the expansive domestic spying program the question of what rights
the American public is willing to give up for perceived safety has weighed heavily on the

Substantive Due Process Claim Analysis
The Complaint Fails to Establish a Basis for Count II, a Substantive Due Process Claim Shahmaleki
failed to state a Substantive Due Process claim that arises to the level of shocking the conscience.
The substantive due process claims is subject to dismissal as such claims are reserved for "only the
most egregious official conduct." As Circuit Judge David Ebel stated in affirming a judgment in
defendants' favor on a substantive due process claim based upon the murder of a state employee in a
state facility, this claim requires a plaintiff to demonstrate that the State acted in a manner that
"'shock[s] the conscience.'" While Shahmaleki may have faced hardship from the University's
decision, that hardship does not rise to the level of "conscience–shocking." ... Show more content on
Helpwriting.net ...
Equal Protection claims based upon national origin are subject to close judicial scrutiny and
generally such claims follow equal protection precedent concerning race. A plaintiff must show a
"discriminatory intent or purpose" for a violation of the Equal protection Clause. A plaintiff cannot
just allege a racially disproportionate impact, but must also allege a discriminatory purpose for that
impact. This requires both a showing that the Defendants treated the plaintiff differently from others
similar situated individuals and that such treatment was the result of intentional discrimination. This
standard is heightened when it is against a supervisor and requires a specific intent to discriminate
behind just being aware of the consequences of their action. Essentially, a plaintiff must show that
the supervisor engaged in the discriminatory action because of the other person's race or national
origin and not merely in spite of their race or

Substantive Law: Negligence In Court Case
negligence, what will be key is the subcontractor agreement provisions with regard to applicable law
and venue governing the agreement, as well as service of process.
Substantive Law
First of all, a caveat is in order. Since I am not a licensed attorney, nothing in this section regarding
substantive law should be construed as providing legal advice. Rather, this section presents a
succinct overview of some of the most relevant law (found online, in textbooks, and via Westlaw at
the county law library) and legal arguments as applied to the facts of the case in preparation for
hiring a litigator. It is worthy of note that the fact pattern in this case is unusual in that there were
continuous failures by both parties to detect the presence of ... Show more content on
Helpwriting.net ...
(2016) as being that "...the defendant's conduct violated that duty" (p. 137). Widget Corporation
breached its duty of care by failing to ensure that all of the widgets sent were the correct ones.
Plaintiff may also argue that Widget Corporation failed to follow–up with Lyle or the employer
subsequent to the installation to help ensure that the job was done correctly. The Texas customer
breached its duty of care by failing to notice that there was a wrong widget and, in turn, instructing
Lyle to proceed with the installation, plus failing to inspect the installation after Lyle left. As
previously noted, the employer may offer evidence that the wrong widget was nearly identical in
appearance to the correct ones to counter this duty, but this would be a matter for the court to decide.
Additionally, the employer may wish to counter that the employee contributed somehow to the
injury such as by failing to detect any potential irregularities in the functioning of the machinery.
However, as a Texas workers' compensation non–subscriber, the employer will be barred from
raising contributory negligence by the employee as a defense (Westlaw, n.d.). Lyle breached his duty
of care by failing to notice the wrong widget, and as well as the indication it was the wrong widget
when he could not get the bolts to tighten to specifications and instead left the job site just to get to
his son's soccer game. Not alerting Widget Corporation that he could

Kello V. City Of New London Case Analysis
In recent years, there has been an attack on a basic American right, a right so fundamental and
deeply rooted that it defines the basis of American culture. With the ever growing and sweeping
power of the U.S. government, society is beginning to feel like this right has been crushed and
forgotten. Wars were fought and people sacrificed their lives in the name of protecting the right
worth dying for. What defined one's livelihood, gave one a personhood, ensured democracy,
promoted labor, and maximizes the happiness of the people will all come crumbling down. What
was once an indicator of the elite leaders of a democratic society has become nothing more than a
pawn in a political game. This Article will walk through the extraordinary ... Show more content on
Helpwriting.net ...
does it trigger constitutional protection), and, if there is a constitutional right, what amount of
process is due. Procedural protection arises where the government attempts to deprive citizens of a
property interest. In other words, a plaintiff must show an important property interest was at stake
by looking if it is spelled out in a constitution, state law, or any other state or federal legislation.
When this occurs, the Due Process Clauses ordinarily requires notice and an opportunity to be
heard. This is followed by a balancing test of the nature of private interest that is affected, the
government's interest, and the risk of erroneous

Texas Procedural Committees
Pascal Bakari Professor Sherry Sharifian TX Government (GOVT 2306–71001) 19th November
2017 Assignment 3: When You Win SLO #3 If I were elected in the Texas House of Representatives
to represent my district, district 115, I plan to serve on the Economic & Small Business
Development Committee, the Homeland Security & Public Safety Committee, and the Public
Education Committee. 2 In the Texas legislature, there are procedural and substantive committees.
Procedural committees are influential in the legislative process as they regulate the operations and
functioning of the house. These committees do not deal with the substance of public policy as this is
the focus of the substantive committee (Henson). An example of a procedural committee is the ...
Show more content on Helpwriting.net ...
I want to provide more funding to public schools and institutions alike. In my time in office, I will
support Science, Technology, Engineering, Arts, and Math (STEAM) programs. I hope to propose a
bill that will sufficiently fund STEAM programs throughout public schools in district 115. To gain
support for this bill, I will present it to the legislation and seek public support to get the bill passed
and ultimately implemented in my district. 5 This process will not be easy; however, I will make it a
top priority to complete this objective one way or another while in office. To promote my "home
style," I will attend several functions and events throughout my district. These visits will ensure that
I stay in touch with the people in my constituency, enabling me to acquire their trust. As their
representative, I plan to encourage my constituents to interact directly with me on the issues
affecting them. This will help me gather peoples' views and receive their feedback on the issues they
hold most

Procedural Law Research Paper
A variation of laws exist today in the United States that allow the protection of people rights,
freedoms and wrongdoings. Constitutional law was ratified from the Constitution in 1788 and
adopted from the Bill of Rights in 1791. Constitutional law gave lawmakers the power to create or
define new crimes and also put limits on the federal government. The Constitution established the
framework on how the government works, but the Bill of Rights was established to give individuals
rights ad freedoms against the national government. The first ten amendments to the U.S.
Constitution outlined rights granted to American citizens such as, freedom of speech, press, religion
and freedom of assembly. In the terms of protecting citizens, the founders and the criminal justice
system put limits on police behavior. The Fourth Amendment puts limits on the admissibility of
confessions obtained ... Show more content on Helpwriting.net ...
Substantive law can be defined as "the part of the law that creates, defines, and regulates rights",
(Marion & Oliver 2012) p.7. This law is typically focused on the rights afforded to all citizens under
the Constitution, precisely the rights found in the Bill of Rights. Protections such as unreasonable
search and seizures, the right to a public and speedy trial, the right against excessive bail, and cruel
and unusual punishments. Procedural law refers to the "branch of law that prescribes in detail the
methods or procedures used in determining and enforcing the rights and duties of persons toward
each other under substantive law", (Marion & Oliver 2012) p.7. Procedural law focuses profoundly
on the administrative practice in which citizen's rights are guaranteed. One aspect of procedural law
is that no one can ever be derived of their life, liberty, or property without due process. An example
such as the police must appear before a judge to secure a warrant prior to entering a person's
property or to seize

Proponents Of Lawyer Dissatisfaction Discredit The...
C. Reasons to Question Survey Data
Proponents of lawyer dissatisfaction discredit the reliability of survey data in several ways. First,
proponents look at the procedural and substantive defects inherent to survey testing. Second,
proponents highlight related survey data–such as the high levels of lawyer depression, alcoholism,
and suicide rates, to name a few–which are complimentary to the view that many lawyers are
dissatisfied. Last, proponents and opponents alike, suggest that lawyers may be in denial or
untruthful when responding to satisfaction surveys. Therefore, proponents of lawyer dissatisfaction
argue that survey data is unreliable in measuring lawyer dissatisfaction. David Chambers, a law
professor at the University of Michigan Law School, argues that procedural and substantive defects
inherent to survey data make it an unreliable method for measuring lawyer dissatisfaction. First,
most lawyers only place themselves above the midpoint on a satisfaction scale, which is barely more
positive than negative. Second, surveys are conducted at a specific time and place, and therefore do
not give a complete analysis of satisfaction. Last is the fact that many lawyers do not respond to
surveys; and this is likely to be the most true among lawyers that are the least satisfied. As a result,
the deference given to positive claims about lawyer satisfaction are not grounded in reliable
evidence. Positive survey data on lawyer satisfaction cannot be reconciled with

Differences Between Substantive Law And Procedural Law
Discuss the differences between substantive law, procedural law, criminal law, civil law, common
law, and statutory law. Provide examples of each law and discuss what U.S. Constitution
amendments were implemented to protect the rights of businesses and organizations. Discuss the
topics you are comfortable with, the topics you struggled with, and how the weekly topics relate to
application in your field.
Common law has roots in the English system of law, it developed in England following the Norman
conquest of A.D. 1066, which became Common Law which was the body of the legal decision that
were made by the English court judges. This law started out was an oral law decision making that
resulted in the court judges walking around the country that would go town to town to try cases.
This was the nicknamed the "unwritten law" which resulted in the oral law that served as the
precedent for deciding successive cases with the same type of facts, and this lead to the doctrine
called star decisis which meant to "stand by a decision which was previously decided. This doctrine
was the one that gave way to a rule that prior law decision made was to be followed, unless it is
turned over with a new rule established if there is no good reason to do so. So in terms that are easy
to understand, if society changes can decide that if a precedent is no longer valid, a court of law may
decide that a precedent is simply incorrect and will adjust accordingly.
Common law refers to that law

Is Coles A Risk Of Consumer Law? Essay
ACCT3014 Research Assignment
Discussion of the article
The media article indicated that Coles was facing more than $4 million fines, as ACCC argued its
behaviour of lying about bread freshness could constitute breach of consumer law (SMH 2015). As
the total amount of fines could be considerable, along with a negative impact on reputation, Coles
could have entered into financial distress. The reason I chose this article was that most Australian
people shop in Coles every week, thus the case is closely related to our life which is worth talking
about. Besides, the article covered issue of sales and non–compliance of law which often attract
auditors' attention. The event mentioned in the article posed a risk to auditors in terms of inherent
risk. Inherent risk means an auditor fails to identify or correctly understand the business risks that
could result in material misstatement (Clubb 2015b). It is apparent that Coles' behaviour is a non–
compliance of law, which is included in business risk (Clubb 2015b). Therefore, auditors need to
better understand the event highlighted in the article to increase the possibility of uncovering
material misstatement. Auditors are held accountable for the problem because the problem may
relate to potential misstatement in financial statements. If an auditor fails to uncover the
misstatement, it is likely that he or she will issue a false opinion. However, auditor should express a
true and fair view to increase the confidence of the external

Legal Argument : King V. Government Of Alberta
Legal Argument #1 King v. Government of Alberta In concurrence with King, requiring professors
in Christian Charter schools to refrain from wearing non–Christian articles of faith is not a
reasonable infringement of Section 2(a) of the Charter. The Oakes test was conducted to deduce that
the Charter infringement is not justifiable in a free and democratic society. The first step of the
Oakes test is to determine if the infringement is "prescribed by law". A common law rule or
regulation, in addition to legislation can constitute a limit "prescribed by law" (Sharpe & Roach,
2013, p66). Under Alberta Government statute, "all teachers in a Charter school must be certified by
the Alberta of Education; however a Charter school can inquire as to the religious beliefs of a
prospective teacher at the time of his/her hiring." This section of the Alberta governments legislation
is both legally accessible and written with precision, as it does not deny a Charter right in its
entirety, however the enforcement of this legislation by the Blessed Virgin Mary school, which
resulted in the school dismissing King infringes upon his section 2(a) Charter right. Due to Charter
schools in Alberta receiving public funding and their duty to deliver the core academic curriculum
approved by the Alberta Board of Education, they fall under the jurisdiction of the Government of
Alberta. It is determined that the Government of Alberta is also accountable for King's Charter right
infringement as the

Formal And Substantive Theory Of The Rule Of Law
The statement above said by Lord Bingham, from 'The Rule of Law' (2007) 66 (1) Cambridge Law
Journal 67–85, p. 76. The statement references that the rule of law is not abided by if the state does
not provide human protection. This statement can be looked upon, agreed and disagreed with after
reviewing the two theories in the rule of law. This will be made possible, as I compare Joseph Raz's
formal theory and Lord Bingham's Substantive Theory on the rule of law. But firstly, I will address
what the Rule of Law is; Rule of Law definition from Oxford dictionary– The supremacy of Law is
a feature attributed to the UK constitution by Professor Dicey (Law of Constitution, 1885). We can't
write off the rule of law as irrelevant rhetoric: it has been recognised as an important constitutional
principle in an Act of Parliament: Constitutional Reform Act 2005– 1. The rule of Law; This act
does not adversely affect– (a) the existing constitutional principle of the rule of law, and is routinely
cited as a constitutional principle by the courts. Very vaguely, the rule of law is: "the name
commonly given to the state of affairs in which a legal system is legally in good shape." J. Finnis,
Natural Law and Natural Rights (OUP 1980), p. 270 Formal and Substantive definitions of the rule
of law Within the rule of law there are formal and substantive theories. Firstly, a formal theory
literally is 'shape'. Meaning what is the shape or form of law? The 'form' of law is

13Th Amendment

Recommended

Recommended

More Related Content

More from Angel Jordan

More from Angel Jordan (20)

Recently uploaded

Recently uploaded (20)

13Th Amendment