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Proctor Argument Analysis
Before we follow some simple instruction to Proctor , lets review what the definition of a Proctor is,
as defined by The Random House College Dictionary First Edition 1975.
"Proctor (prok'ter), n. 1. (in a university or college ) a. a person appointed to supervise students
during examination, b. Chiefly Brit. an official charged with maintenance of good order, 2. Law an
attorney,esp. in admiralty and ecclesiastical courts, 3. to supervise or monitor,"
I realize that this is the short version, with a good understanding of its meaning of a Proctors. Will
be required and added upon registration course the University of the People is to require a Proctor. I
believe it"s to insure the code of conduct is maintained, which applies to student
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Delegated Legislation Essay
"The advantages of delegated legislation far outweigh the disadvantages." Discuss. It is often said
that the advantages of the delegated legislation far outweigh the disadvantages. Because delegated
legislation is created by persons or a body other than parliament, but assigned by parliament, it has
several significant advantages. Advantages Time Saving – One of the advantages of delegated
legislation is that it significantly reduces time consumption within the parliament. Because specific
persons or a body is designed to tackle these problems, the government will have more time to deal
with more important issues within the country. Quick amendment – Because they're specific persons
or a group assigned to tackle these problems, ... Show more content on Helpwriting.net ...
2) Delegated laws are made in private even though they changes very often. 3) By giving unelected
civil servants the power of making laws implies that parliament doesn't have the time to review most
of the decisions that are being made. The Constitution is the Supreme Law of Jamaica. A
Constitution is the body of law containing rules which determine the fundamental political
principles of a government. By saying the Constitution is the supreme law of Jamaica, this states
that it is the most powerful set of laws within the country. According to Section 2 of Chapter 1 of the
Jamaican Constitution states that "Subject to the provisions of sections 49 and 50 of this
Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail
and the other law shall, to the extent of the inconsistency be void." This means that any other law
within the country that is not in agreement with the constitution, the constitution should prove
superior and the other law should be declared invalid. The Constitution also stands to protect the
citizens of Jamaica. The Constitution protects
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Courts Essay
The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as
extending in law and equity to all cases arising under the Constitution and federal legislation; to
controversies to which the U.S. shall be a party, including those arising from treaties with other
governments; to admiralty and maritime cases; to controversies between states; to controversies
between a state, or its citizens, and foreign governments or their subjects; and to controversies
between the citizens of one state and citizens of another state. The federal courts were also originally
invested with jurisdiction over controversies between citizens of one state and the government of
another state; the 11th Amendment (ratified ... Show more content on Helpwriting.net ...
Other federal courts, established by Congress under powers held to be implied in other articles of
the Constitution, are called legislative courts. These are the Claims Court, the Court of International
Trade, the Tax Court, and the territorial courts established in the federally administered territories of
the U.S. The special jurisdictions of these courts are defined by the U.S. Congress. Except in the
case of the territorial courts, which are courts of general jurisdiction, the special jurisdictions of
these courts are suggested by their titles.
State Courts
Each state has an independent system of courts operating under the constitution and laws of the
state. Broadly speaking, the state courts are based on the English judicial system as it existed in
colonial times, but as modified by statutory enactment's; the character and names of the courts differ
from state to state. The state courts as a whole have general jurisdiction, except in cases in which
exclusive jurisdiction has been vested in the federal courts. In cases involving the federal
Constitution or federal laws or treaties, the state courts are governed by the decisions of the
Supreme Court and their decisions are subject to review
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Piracy In 1700
From a jurisdictional standpoint, the most egregious error on the part of the court was the
prosecutions failure to charge the defendants with piracy in the indictment. Since the commissioners
established the court, and drew their authority to try the accused, from the Piracy Act of 1700, this
oversight threw the legitimacy of the entire proceedings into question. The fact that the men
standing before them were pirates seemed so certain to the commissioners, they did not bother to
charge them with the crime. But failing to charge them with piracy prohibited them from deriving
their authority from the commissions established under the William III statute which was exclusive
in nature. The court had no jurisdiction to try anyone for any crime, a fact that became apparent to
them at some point during the month long individual hearings. On April 19th, following the
conclusion of two trials, and 165 separated investigatory sessions, the court charged John Jessop
with "Piracy and Robbery upon the High Seas." Jessop had already been found guilty of unlawful
resistance and attack of an HMS vessel ... Show more content on Helpwriting.net ...
As is hopefully apparent by now, the common element of piracy trials throughout the era was the
uniform desire to convict harshly regardless of circumstance. All of the ingredients existed for
rampant cases of wrongful convictions on par with Kidd and Green, but with the exception of the six
fisherman hanged for sharing a drink with John Rackam, they didn't occur in the vice–Admiralty
courts after the Quelch hearings. How is it that pirate hunters always captured the true sea thieves?
Or another way of asking the question, where did all the privateers go? Analyzing the answers to
these inquiries is crucial to understanding how the evolution of piracy reduced the ambiguity that
plagued seventeenth–century piracy trials and eliminated the uncertainty that existed between legal
privateers from
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The Second Tier Of The American Federal Court System
The first tier of the American federal court system is the U.S. District Court. The U.S. District Court
acts as a trial court, norm enforcement, and makes policies. Everyone is entitled to a trial via the
Sixth and Seventh Amendment for criminal and civil cases. Therefore, the U.S. District Court sees
numerous cases. This court hears criminal and civil cases per the trial courts where attorneys are
able to examine and cross–examine witness before a jury of their peers. All federal cases go before
the U.S. District Courts including criminal cases, civil cases, bankruptcy cases, etc. The second tier
of the American federal court system is the U.S. Court of Appeals. The U.S. Court of Appeals act as
reviewers and policymakers. This court reviews cases that litigants are disappointed with the
decision the lower courts made. The U.S. Court of Appeals is more likely to make policy on a
regional basis rather than a federal basis. The U.S. Court of Appeals hears numerous cases. They
have zero control over which cases are brought before them. Since the U.S. Court of Appeals have
several cases brought before them they start with a screening process to decide whether an appeal
should receive a full review or to dispose of it. Once it is decided if a case is receiving a full review
the cases are brought before a three–judge panel. Once the cases are assed the screening process the
attorneys argue their case before the three–judge panel. After the oral arguments have been
completed the
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Federal Asset Forfeiture Is The Driving Force Behind Money...
Civil forfeiture
Frank Regueira
Dustin Dariano, MS
Research Methods
October 11 2015
Introduction Madinger (2011) Argued that Civil asset forfeiture is the driving force behind money–
laundering today is forfeiture.
The act allows the government or law enforcement officials to confiscate, sell or keep any property
alleged to be involved in criminal activity without convicting the individual, massively threatens the
right to own property. Speculations, allegations and suspicions of criminal activity usually are the
basis of civil asset forfeiture making it impossible for the accused to plead guilty. Many stories of
innocent people who have been victims of forfeiture have been told in the past. 2006–2008 saw
Tenaha law ... Show more content on Helpwriting.net ...
The British law referred to a judicial courts right over personal property or items including land or
even marriage. The court had the ability to terminate a marriage and possess someone's land. This
law was thus incorporated to the American customs and laws governing the seizure of ships for
crimes such as piracy, smuggling and treason during the early years as a republic and in the
American civil war. In 1966, the law was formalized in maritime claims and in the supplemental
rules for admiralty making it applicable to the civil forfeiture cases (Devon 2015). When President
Nixon took over he announced war on drugs and implemented forfeiture as a law enforcer.
Abadinsky (2013), argues that the main idea behind implementing the law into the war on drugs was
the belief that it would strengthen the confiscation of illegal substances and means by which they are
manufactured and sold. A law to authorize the forfeiture and seizure of illegal drugs was authorized
and amended in 1978 by the congress. The continuing criminal enterprise act was also enacted then
targeting repeat offenders of drugs as the control was allowed to ensure that it allowed the police to
seize private property used in crime assets (Abadinsky, 2013). This act also allowed the accused to
prove that the property was not being used for criminal activities. The burden was on the owner not
the police creating a situation where the police
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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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The Supreme Law Of The Land Granting Shared Power Between...
The United States has a federal court system and fifty state court systems, with each system having
its own organization, structure, and jurisdiction. The U.S. Constitution is the supreme law of the
land granting shared power between the federal government and the state governments. In common,
all systems are multi–tiered; "predominantly hierarchical in structure (trial courts are first level, and
appellate courts sit above them in successive or ascending tiers) (Banks and O 'Brien 132)"; and
they all have to adhere to the constitution. The 1789 Judiciary Act laid the foundation of the federal
judiciary's organizational structure and jurisdiction. It ensured that State courts would have
concurrent jurisdiction with Federal courts regarding the interpretation of the constitution and
federal law (Banks and O 'Brien 127). In contrasting the size of the federal and state systems, the
federal system is much smaller, with the State courts handling the bulk of the nations judicial
business. There are thirteen federal appellate courts (also known as US courts of appeal) spread
through out the country, and in each state there is at least one district court. In contrast, different
types of trial, appellate, and special courts exist in each state. Federal and state courts tend to handle
similar cases; however, there are some cases that each system handles exclusively. For example,
bankruptcy cases fall under federal jurisdiction, while the majority of criminal and civil
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The Importance Of The Supreme Court In The United States
The Supreme Court of the United States is what has been referred to as the "highest" court in the
land. it alone has the authority to hear appeals on almost every case set to be decided in the system
of the federal court. It also retains the ability to hear "appeals" from the high appellate courts sent
from state that involve " questions of federal implications,". For example, a dispute concerning a
statute of federal standing or something that arises out of the United States Constitution. That said,
fewer than 100 cases are really received and figured out by the Supreme Court in a single year.
As the system stands as of this writing there are currently 9 individuals on the Supreme Court, of
which are referred to a justice. One so called chief
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A Study On Admiralty Law And Maritime Law
UNIT 1: INTRODUCTION 1.1 ABOUT SUBJECT: Admiralty Law or Maritime Law is a distinct
body of domestic laws that supervene upon the maritime activities (like marine commerce, sailors'
related aspects, marine navigation, marine shipping, marine salvaging and transportation of
passengers and goods by sea). It has also been governing questions and offenses related to maritime
activities and other sub–heads. Broadly, it is a more of a private international law related subject that
governs the relationship between private entities that operate vessels on the oceans. Keeping in view
the distinction with respect to the subject matters of Public and Private international law, it is
mandatory to specify the distinction between The Law of the Seas and The admiralty law and the
chapters succeeding will be a great source to enlighten the same. 1.2 HISTORY: The series that
started with "The Law of Prize" as the governing Customary Law. Then came the 'the cannon shot '
rule that was developed by the Dutch Jurist (Cornelius van Bynkershoek), which talked about the
limited National Rights granted to a specified belt of water extending from a nation 's coastlines that
was usually 3 nautical miles (i.e., 5.6 km or Three–mile), it was so that all waters beyond national
boundaries were considered international waters (i.e., free to all nations but belonging to none of
them). Later there emerged the conflict between Bourbon and Hapsbury which was settled in 1648
through the peace of
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Business Law I Summary
Chapter one Business Law Law is a set of rules, enforceable by the courts, which regulate the
government of the state and governs the relationship between the state and its citizens and between
one citizen and another. There are various ways in which the law may be classified; the most
important are: * Public and private law * A) Public law is concerned with the relationship between
the state and its citizens. Specialised areas are: 1. Constitutional law is concerned with the workings
of the british constitution. It covers such matters as the position of the Crown, the composition and
procedures of Parliament, the functioning of central and local government, citizenship and the civil
liberties of individual citizens. ... Show more content on Helpwriting.net ...
* Political parties and pressure groups Law making processes 1. Legislation is law enacted by the
Queen in Parliament in the form of Acts of Parliament r statutes. Parliament consists of two
chambers(House of Commons and House of Lords). House of Lords is not an elected body. 2.
Parliamentary sovereignty: the supremacy of Parliament in the legislative sphere is known as the
doctrine of parliamentary sovereignty. It means that Parliament can make any laws as it pleases, no
matter how perverse or unfair. Example: Factorname Ltd v. Secretary of State for Transport (page
17) 3. The making of an Act of Parliament: the procedure by which a legislative proposal is
translated into an Act of Parliament is long and complicated. Before all the stages in the process
have been completed, the act is known as a bill. Kind of bills: * Public Bill change general law or
affect the whole of the country. * Private Bill do not alter the law for the whole community but deal
with matters of concern in a particular locality or to a private company or even individuals *
Government bills are introduced by a minister with the backing of the government and are almost
certain to become law. * Private members bill are introduced by an individual MP or private peer(in
the House of Lords) without guaranteed government backing. Example law making continued:
Donague v. Stevenson (page 345) Stages bill have to go through: House of
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“Comparison and critical appraisal of the English court...
"What is Law?" This is the most popular question to people from all walks of life. According to the
meaning in dictionary, Law means, "the system of rules which a particular country or community
recognises as regulating the actions of its members and which it may enforce by the imposition of
penalties".1 In English legal system, there is a separation of power which dividing the whole legal
system into three roles. They are ... Show more content on Helpwriting.net ...
Moreover, it can also impose any sentence, which could have imposed earlier by the magistrates'
courts and be much more harsher. The Crown Court has the power of imposing life sentences.5 On
the other hand, with the enactment of County Court Act 1846, the County Courts were introduced to
adjudicate in small claims or fast–­
‐track civil litigations. There are more than 200 county courts
serving by the circuit judges and district judges.6 The County Court hears small–­
‐scale civil cases
while mostly depending on monetary value of the claims. The civil litigation would divide into three
tracks which are small claim track, fast track and multi–­
‐track. These tracks of claims are for
deciding which court should involves in. The County Court hears
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Compare And Contrast State Courts Vs Federal Courts
The federal court system has evolved over time and looks very different from what the framers of
the Constitution had originally envisioned. Today the federal court system is broken down into three
basic levels. In order, these levels include: district courts, Appellate courts, and the Supreme Court.
It is important to note that the cases federal and state courts hear are very different. Federal courts
only hear cases authorized by the US Constitution, whereas state courts here cases that fall under
state law. The first level in the federal court system is district courts. Almost every civil or criminal
case heard at the federal courts begins at the district court level. There are 94 US district courts and
within these courts, 678 judges. In total, there are 89 district courts within the fifty states, plus one
each in Washington DC, Guam, Puerto Rico, Northern Mariana Islands, and the US Virgin ... Show
more content on Helpwriting.net ...
The Supreme Court is the final judge in any case involving laws of Congress and the Constitution.
The Supreme Court has the ability, thanks to the Constitution, to check both the powers of the
President and Congress. There are nine justices on the Supreme Court and they are led by the chief
justice, currently John G. Roberts. Justices choose the cases they hear each term. They choose from
approximately ten thousand new cases annually. The most common route for an appeal to reach the
Supreme Court is though a writ of certiorari, or simply a petition for review by a higher court. A
minimum of four justices have to agree to accept a case to review. In order to by–pass both the
district court and the court of appeals a case must fall under one of the four original jurisdictions
which include: cases between one of the states and the US government, cases between two or more
states, cases involving foreign ambassadors, ministers, or consuls, and cases begun by a state against
a citizen of another state or against another
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The Track And The Multi Track
System (P1)
The Tracks:
There are three tracks in the civil court system, the small claims track, the fast track and the multi–
track. These three tracks were formed under the Civil Procedure Act 1997 to make it easier to deal
with cases of different complexity. The Act has put in place a series of checks to "sort" the cases
according to size of case, the complexity of the case and the size of the compensation asked for. This
is achieved through a questionnaire completed by the parties.
Small Claim courts:
Cases in the small claims court are heard by District judges in a county court, the court will hear
contract and tort cases up to £10,000 and personal injury claims up to £1000. The hearing is
informal and the courts discourage people ... Show more content on Helpwriting.net ...
The court will set a strict timetable in order to stop time wasting and to keep costs low. Once the
case is set for a hearing, it will be heard within thirty weeks. Fixed costs will be allowed and the
hearing will be one day long.
Only one expert can be used, for example, in a case involving mechanical problems between the
manufacturer and the dealer, an engineer may be used in order to give advice on the technicality at
hand. The judge decide how much the losing party has to pay in legal fees to the winner, to decide
this both parties have to hand in a form stating how much money they have spent in legal fees in
order for the judge to decide.
Multi Track Claims:
Cases on the fast track are heard by a Circuit judge in a County court, the court will hear cases over
£25,000 (therefore it has no limit) or cases with a complex point. Cases on this track can be sent to
the High Court (Queens Bench Division, Family Division, or Chancery Division) if it contains
complex points of law. The judge will case manage therefore setting a strict timetable for matters
such as document disclosures.
The use of ADR, such as arbitration, will be encouraged in order to avoid having to go to court and
therefore keep costs low.
The Civil Courts:
The civil courts will deal with issues between two parties with the claimant asking the liable party
for
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The Legal Profession Of The Gilded Lawyers
Trial Lawyer Did you know that at present, there is only one lawyer for every 247 Americans in the
Unites States? A lawyer is "a person trained in the legal profession who acts for and advises clients
or pleads in court" (Webster's Dictionary and Thesaurus). According to about careers, there are
many different types of lawyers, among the top five highest paying legal professionals around the
globe are trial lawyers. The first lawyers, also known as the "Gilded Lawyers" arranged the United
Auto Workers (UAW) and the Congress of Industrial Organizations (CIO) in the early 1930s
("National Lawyers Guild). The actions the Gilded Lawyers made gave them useful experience for
defending the rights given to us by the First Amendment and suffused the work of the business in
later years. Today, trial lawyers must meet specific job requirements and qualifications such as
working under stressful conditions for long periods of time, making a profitable salary, and keeping
up with the ever changing future needs for the career. Career Requirements and Qualifications Trial
lawyers are required to work efficiently under stressful conditions for long periods of time.
According to a survey done on the average salaries of the New York attorneys, most lawyers work
an average of 42 billed hours per week ("How Many Hours A Week Does A Lawyer Work?"),
however this does not include unbilled hours. The survey also stated that attorneys generally worked
an average of 24 unbilled hours per week, when
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Civil Law vs Common Law
There are more than 200 nations in the world nowadays, and each has a different set of laws that
govern its people and its relations with the rest of the world. Whereas, international law governs
relations between states, institutions, and individuals across national boundaries, municipal law
governs this same person within the boundaries of a particular state. The comparative law, which is
the study, analysis, and comparison of the different municipal law systems, classifies countries into
legal families. The two widely distributed families are the Romano–Germanic Civil Law and the
Anglo–American Common Law.
This short essay seeks an answer to the differences between two fundamentally different legal
theories or systems. The original ... Show more content on Helpwriting.net ...
The French Code is an evaluate version of the Corpus Juris Civilis because it incorporated the
principle ideas of the French Revolution, including the right to possess private property, the freedom
to contract, and the autonomy of the patriarchal family. With private property, the Code's authors: J.J
Cambacérès and Napoléon consciously attempted to break the old feudal estates of the aristocracy
by prohibiting restraints on the sale of land. The French code joined one of the United State
Constitution mentioning that lawyers couldn't foresee every possible legal eventuality, thus they set
flexible general maxima of justice rather than detailed provisions.
Unlike the French Code The German Civil Code was meant for the use of trained experts. Indeed
because of the Pandectits, the German's Codes' organization and form is incredibly precise and
technical. Sentence structure indicates which party had the burden of proof. However its overall
approach rely on many of the same political and philosophical ideals, notably the "laisser faire"
economics and the autonomous right of individuals. [5]
Moreover separated and apart from the movement of codification of civil or private law occurred the
development of the public law, a constitutional and administrative law.
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The English Legal System Essay
The English Legal System The English legal system comprises of two different branches, barristers
and solicitors. In the UK at the moment there are around 9,000 barristers and they are known
collectively as the 'Bar'. The governing body for barristers is the Bar Council, which acts as a kind
of trade union, safe guarding the interests of barristers and regulating barristers training and
activities. All barristers belong to one of the 4 Inns – Inner Temple, Middle Temple, Grays Inn or
Lincolns Inn. There are no significant differences between any of the Inns. The majority of barristers
work in private practices and they work as individuals. Barristers aren't allowed to form formal ...
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Employed barristers are at the moment mainly concerned with preparatory work and giving advice,
rather than with representing cases in court. The Access to Justice Act 1999 does however allow
them to appear in court if they so choose. Barristers have rights of audience in any court and they
will usually be engaged by a solicitor on behalf of a client. There are currently over 100,000
solicitors in the UK. The governing body for solicitors is the Law Society which is similar to the Bar
Council in that it supervises training and discipline, as well as acting on behalf of the profession as a
whole. Solicitors work from offices, about 75,000 are currently in practice in towns, cities and
villages throughout the country and about 5,000 are employed as legal advisers to organisations such
as local government, commerce or industry or in the Crown prosecution Service. Some practising
solicitors operate as sole practitioners but most are partners or assistant solicitors in firms, which
vary in size from 2 to 200 solicitors. Solicitors in private practice deal with the public directly and
many firms handle a wide range of legal work, including conveyancing, divorce and related family
matters, wills and probate, personal injury claims and criminal advice and representation. Solicitors
can employ other professionals but cannot enter
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Parliament Of Great Britain Analysis
Dear King George III and the Parliament of Great Britain, It has come to our attention that it appears
that you have forgotten how to treat the citizens of your colonies. Parliament continues to barraid us
with unlawful and ridiculous taxes and acts without granting us any form of representation in
Parliament, and no, "virtual representation" is not representation, regardless of whatever George
Greenville says. Furthermore, you continue to send masses of troops to our cities, such as Boston, to
enforce these ridiculous acts on us, while simultaneously expecting us, by law mind you, to feed
them and house them. We have made an attempt to reach out to you with our olive branch petition,
and you turned around with strict and swift condemnation
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Funny Face Case Study
BUS 206 Milestone One Funny Face is located in California. Novelty Now Inc. is located in
Florida. Jurisdiction needs to be established. Personal jurisdiction gives a court the authority to
make decisions binding on the people involved in a civil case. very state has personal jurisdiction
over persons within its territory. No state can e!ercise personal jurisdiction and authority over
persons outside its territory unless the persons have manifested some contact with the state. In this
case" personal jurisdiction e!ists due to the fre#uent meetings between the two parties. $owever" the
case study does not state where these meetings take place.Personal jurisdiction will be found if the
persons involved in the litigation are present in the state or are legal residents of the state in which
the lawsuit has been %led" or if the transaction in #uestion has a substantial ... Show more content
on Helpwriting.net ...
&his would not apply as the plainti' lives in New (ork. $owever" the long)arm statute could be
enacted to gain jurisdiction over Funny Face who originates out of California *+ubasek" p. ,–
./ubject matter jurisdiction refers to the nature of the claim or controversy. /ubject matter
jurisdiction is the power of a court to hear particular types of cases. Federal courts deal with
admiralty" bankruptcy" disputes of state against state" disputes against the 0./." disputes of federal
law" etc. None of these categories apply. 1 diversity)of)citi2enship case must meet both
re#uirements that the plainti' does not livein the same state as the defendant" and the case
controversy issues cannot e!ceed 345"666. &his could apply as both parties reside in di'erent states"
and if there is a product safety concern" medical costs and damages could easily e!ceed 345"666
*+ubasek" p. ,,.7inimum contacts is the contact re#uired between a party and a state in order for
the courts of that state to constitutionally assert power
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The Treason Trial Act Of The United States
Despite the concessions Hedges made to combat the obvious disadvantage defendants in piracy
cases faced, it is also clear that Hedges was not willing to provide suspected pirates with an avenue
to escape justice. To the Chief Justice, these minor concessions in no way hampered the court's
ability to ascertain the truth. To that end, Hedges withheld two crucial components of the Treason
Trial Act from his piracy legislation which conflicted with his approach to trying pirates. One of the
most important and radical changes in trial procedures derived from the Treason Trials Act was that
it changed the court's interaction with the accused, from a combative environment, to seeing
defendants as possible victims. This was contradictory to ... Show more content on Helpwriting.net
...
Prior to 1706, only three gentlemen from Massachusetts travelled to England to study law, all of
them focusing on common law training at the Inns of Court. William Penn, proprietor of
Pennsylvania, argued vehemently against the perceived usurpation of charter rights and complained
about the difficulty in following the statute since no one in the colonies understood civil law
procedure. Robert Quarry, recent judicial appointee to Pennsylvania's new vice–Admiralty court
confirmed Penn's analysis when he wrote "I have not so much vanity as to pretend myself learned in
the Civil Law..." continuing, "If none but a person learned in the law must be Judge of the Vice–
Admiralty in Pennsylvania, then the crown must be without justice there, or send a person so
qualified to England."
The Board of Trade's solution to this serious impediment was to send George Larkin to the colonies
in the spring of 1700 to instruct colonial officials in civil law and the proper procedures relating to
piracy trials. This whirlwind tour sent Larkin to nine colonies, where he spent roughly two weeks in
each colony giving a crash course to unprepared, and at times, unwilling recipients. He skipped the
proprietary colonies completely. In Massachusetts, no high ranking official was present for Larkin's
training, and those that did show up proved highly resistant to accepting civil law procedures in their
courts. Bermuda's Governor
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Marinety Lawyer Essay
What to bring to you meeting with your admiralty law attorney
It can end up being a big waste of time for both you and your attorney if you are not ready for your
initial meeting. Being unprepared can end up costing you money. This is because it will take longer
for the lawyer you have hired to get up to speed on your personal injury matter. So get your stuff
together beforehand; it's in your own best interests.
Preliminaries
The first thing your lawyer is going to want to know is basic information about who you are and
how they can get in touch with you. They will also want to know your personal background, and
may send you a questionnaire to fill out prior to your first meeting. If you can, send it and copies of
all pertinent documents ... Show more content on Helpwriting.net ...
This is anyone who provided treatment to you or anyone who you consulted with regarding an
injury (such as for a second opinion or a doctor you were required to see as a requirement from your
employer
Bills from any and all of your medical care providers
All reports from doctors having to do with your diagnosis and prognosis
Information about any anticipated future medical costs
All information about any insurance coverage of your medical bills
A description and notes from any interactions you may have had with insurance companies
Copies of all correspondence with insurance companies
Copies of any claims you have already filed with your employer or with an insurance company,
including your own
Documentation for any reimbursement your employer has given to you
All information about work that you missed (and possibly continue to miss) as a result of your
injury
A list of all the ways in which your life has been affected by your injury, no matter how
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Gatt Article : National Treatment Article 3 Essay
GATT Article III– National treatment Article 3
The next measure to be analysed is the legislative amendment. Prior to beginning the analysis the
first fact to establish is whether Article III applies. Generally Article III applies to internal measures
and the legislative amendment is an internal measure. Furthermore Article 3(4) specifically applies
to the amendment as it is not a tax or charge but affects offering for sale by increasing the cost of
production.
Having established that Article 3(4) of GATT applies examination of the amendment begins. GATT
Article 3(4) and the AB in Korea Beef outline that for a measure to be a violation of Article 3(4)
three things must be established: the products at issue must be like, the law at issue must be an
internal measure affecting internal sale or offering for sale... and finally the imported product must
be given less favourable treatment compared to like domestic products.
To determine likeness under Article 3(4): examining the physical properties, tariff classification, end
uses and interchangeability of the products is important . In this case the products at issue are
Newland's rear–engine cars and Richland's front engine cars. In assessing their likeness their
physical properties are same except for the fact that one engine is in the rear while the other is in
front. The end uses of both cars are also similar as they serve a common purpose of locomotion. The
two cars are also interchangeable as the Richland survey shows
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Dual Court System
Courts play a vital role in the Criminal Justice System in America, however; understanding how the
courts work and function is essential. Even the general public should have a basic knowledge
regarding the similarities and differences of the jurisdiction and structure of our dual court system –
federal and state. In addition, there are ethical and diversity issues that can be experienced by each
of the courts that could possibly impact the courts' functioning.
A couple of similarities between the federal and state court systems are due process and the court
proceedings. According to eHow due process "dictates how federal and state law enforcement
authorities gather evidence, interview witnesses and make arrests" (eHow, 2016). The court ... Show
more content on Helpwriting.net ...
One of the big differences within the dual court system is the jurisdiction. The United States Courts
website explains the differences in the jurisdiction as the types of cases that the federal and state
courts can preside over. The federal court system presides over "cases that deal with the
constitutionality of law; cases involving the laws and treaties of the U.S; cases involving
ambassadors and public ministers; disputes between two or more states; admiralty law; bankruptcy;
and habeas corpus issues" (United States Courts, n.d.). Whereas the state court system although it
can be different from state to state presides over "most criminal cases, probate (involving wills and
estates) and most contract cases, tort cases (personal injuries), family law (marriages, divorces,
adoptions)" (United States Courts, n.d.) among other cases of a similar nature. Yet another
difference between the federal and the state court systems is the way judges are selected. A federal
judge is nominated by the President, confirmed by the Senate, and often hold the position for life.
On the other hand, a state judge is generally an elected official elected for a set amount of time
(United States Courts, n.d.). Of course, these are just a couple of the differences within the dual
court
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Sovereign Nation Legal Issues On Law Enforcement
Sovereign Nation Legal Issues on Law Enforcement
Vichit J. Hausman
CJCU 465
August 21, 2016
Mr. Courtemanche Sovereign Nation Legal Issues on Law Enforcement
When you ask an average American what is sovereign nation or sovereign citizens extremist, most
will likely answer you that they have no idea what that is. Law enforcement officers across the
country are experiencing a growing number of contacts with Sovereign Citizens. Many local, states
and federal law enforcement have been having problems with this group so call sovereign nation
group. The Federal Bureau of Investigation (FBI) classifies sovereign citizens as domestic terrorists,
which are scattered across the United States of America. Sovereign citizens are anti–government
extremists who believe that even though they physically reside in this country, they are separate or
"sovereign" from the United States (FBI, 2011). Ideology
Many sovereign citizens don't pay taxes and, they hold illegal courts that issue warrants for judges
and police officers. They clog up the court system with frivolous lawsuits and liens known as "Paper
Terrorism" against public officials to harass them, and they use fake money orders, personal checks,
and operate fake businesses. They believe they don't have to answer to any government authority,
including courts, the IRS, motor vehicle departments, or law enforcement and, this causes all kinds
of problems and crimes (FBI, 2011). They also commit murders, threaten judges, law
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Essay about The Northwest Passage
The opening up of the north polar sea between 1815 and 1817 had prompted Barrow to propose a
plan to send two expedition voyages, one in search of the Northwest Passage and the other to
proceed from the sea of Spitzbergen towards the North Pole. Accordingly he sent the plan to the
President and Council of the Royal Society which duly returned with their approval and the orders
were issued by the Board of the Admiralty. Examining such interplay between scientific institutions,
such as the Royal Society and the British Admiralty, one can see a well defined division of labour, in
the collaboration between gentleman scientists at home and their field workers in the navy ship on
voyages of exploration, in which the navy sent the ship to collect ... Show more content on
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On one side there are those who regard the naval scientific expedition as an instrument for
imperialism, such as Jane Samson in the 'That Extensive Enterprise', in which she had indicated that
there was considerable evidence of imperial tendency in Berthold Seemann, who as the naturalist on
board the Herald in responded to landscape and noted connections between the collection of
scientific data and the interests of British commercial and political expansion. In her analysis, she
shows that the characteristic of many explorers and naturalists on the naval scientific expeditions
evidently represent the tendency towards imperial power and the exploitation of nature. She states
that, 'Naval survey expeditions did far more than chart coast lines; they also mapped Europe's
conquest of the non–European world, cataloguing the future of empire'. This was amplified by Janet
Browne, who emphasised the activity of naturalists in studying animal and plant distribution
patterns or biogeography as a proxy for colonial ideology, in which 'interpretations of animal and
plant distribution patterns over the globe...were intimately related to the emerging ideology of
colonialism'. On the other side there are some naval historians, who believe that international
cooperation in science between imperial rivals and the number of foreigners involved in
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The Us Supreme Court
The US Supreme Court
History, Jurisdiction & Current Justices
Introduction
The Supreme Court's annual term begins in October. Five justices constitute a quorum to hear a
case, and decision is rendered by majority vote. In the event of a tie, the previous judgment is
affirmed. Under the Judiciary Law, cases are brought to the court by appeal or by writ of certiorari.
Nine judges sit on the Court: the chief justice of the United States and eight associate justices. The
president of the United States appoints them to the Court for life terms, but the U.S. Senate must
approve each appointment with a majority vote. The Supreme Court wields complete authority over
the federal courts, but it has only limited power over state courts. The Court ... Show more content
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Congress has authorized the Court to use its full appellate jurisdiction, except on rare occasions.
Current Justices of the Supreme Court
Members of the court are appointed by the President with the advice and consent of the Senate. Like
all Federal judges, they retain their office indefinitely. The size of the Supreme Court is not
prescribed by the Constitution; it is set by statute. By late 1999, a total of 108 Justices, 106 men and
2 women had sat on the bench.
William H. Rehnquist
WILLIAM HUBBS REHNQUIST
During his early years on the Court, despite the presence of three other Republican appointees,
Rehnquist was often the only dissenter, espousing a view of states' rights and limited federal judicial
power that many regarded as outmoded.
Rehnquist also dissented in Roe v. Wade (1973), in which the majority based a woman's right to an
abortion on a constitutional right of privacy that arose not from the terms but from the "penumbras"
of the Bill of Rights. He wrote, "To reach its result, the Court necessarily has had to find within the
scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters
of the Amendment."
When Warren Burger announced his resignation as chief justice and President Ronald Reagan
nominated Rehnquist as his replacement June 20, 1986, there was a firestorm of protest among
liberals. Sen. Edward Kennedy
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Controversy: The Judicial Power
The judicial Power is entitled to all citizens Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their
Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of
admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to
Controversies between two or more States; between a State and Citizens of another State; between
Citizens of different States; between Citizens of the same State claiming Lands under Grants of
different States, and between a State, or the Citizens thereof, and foreign States, Citizens or
Subjects."The jurisdiction of the federal courts was further ... Show more content on Helpwriting.net
...
The acquisition of objects and many of the decorative arts on exhibit throughout the building were
acquired with the assistance of the Supreme Court Historical Society.
The Constitution specifies that the Supreme Court may exercise original jurisdiction in cases
affecting ambassadors and other diplomats, and in cases in which a state is a party. In all other cases,
however, the Supreme Court has only appellate jurisdiction. The Supreme Court considers cases
based on its original jurisdiction very rarely; almost all cases are brought to the Supreme Court on
appeal. In practice, the only original jurisdiction cases heard by the Court are disputes between two
or more states. The power of the Supreme Court to consider appeals from state courts, rather than
just federal courts, was created by the Judiciary Act of 1789 and upheld early in the Court's history,
by its rulings in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). The Supreme Court
is the only federal court that has jurisdiction over direct appeals from state court decisions, although
there are a variety of devices that permit so–called "collateral review" of state cases, because, under
Article III, federal courts may only entertain "cases" or "controversies", the Court avoids deciding
cases that are moot and does not render advisory opinions, as the supreme courts of some states may
do. For example, in DeFunis v.
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Legislative Branch Research Paper
The Constitution of the United States is one of the oldest pieces of legislature in America's history,
yet it's strength and resilience has withstood the withering test of time, and continues to stand tall as
one of the greatest pieces of work mankind has ever created. Together, on a dismal piece of
parchment, our Founding Father's established our nation's government, fundamental laws, and
guaranteed all its citizens fundamental rights. Dividing our government into three branches, the
Constitution allowed for a strong system of checks and balances, thus ensuring that no branch had
total control of the government. The three branches are the legislative, executive, and judiciary.
Each have their own responsibilities and at the same time they ... Show more content on
Helpwriting.net ...
This branch of government includes the President of the United States and his cabinet officials.
Donald Trump is currently our president and 45th president of the United States. "The power of the
Executive Branch is vested in the President of the United States, who also acts as head of state and
Commander–in–Chief of the armed forces. The President is responsible for implementing and
enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies,
including the Cabinet" (Whitehouse.gov). Article II of the Constitution grants the president
executive powers, which means he executes the laws passed by congress. In addition to being
commander of the military and enforcing laws passed by congress, he can also give federal pardons.
"The President shall be commander in chief of the Army and Navy of the United States, and of the
militia of the several states, when called into the actual service of the United States... and he shall
have power to grant reprieves and pardons for offenses against the United States, except in cases of
impeachment. (U.S. Constitution. Article 2, Section 2). The President of the United States has many
other duties, like electing supreme court judges. Just recently our President Trump used one of his
constitutional powers to elect one of the youngest Supreme Court Judges in history, Neil
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The Court System Of England And Wales
The court system in England and Wales means a thousand years of history and development
throughout different political and social climates. This essay will provide a brief history of this
evolution and evaluation of some advantages and disadvantages of a modern jury system.
According to The Open University (2014, section 10.1), under Anglo–Saxon domination all disputes
were resolved in local courts called 'moots'. These courts later developed and became Magistrates'
Courts, still keeping their local function. Majority of all criminal cases are heard there, however the
courts can only decide on 'summary' or 'triable either way' offences, referring the most serious files
to the Crown Court.
Crown courts, which superseded the courts of assize and quarter sessions, were established under
the Courts Act 1971 to improve efficiency of the existing criminal justice system. The latter were
local courts of the Queen 's Bench Division, which served a number of circuits by assembling juries
and hearing cases not serious enough to go before a High Court judge.
The Norman Conquest made significant changes to the English law by establishing the 'Curia Regis',
the court which was ruled by the king and his appointed judges. Some key institutions of Parliament,
such as the common law courts including King's (Queen's) Bench, Common Pleas, Exchequer, and
the Court of Chancery evolved from the 'Curia Regis'. The law became to be more centralised
through a unified court system to a national
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Disadvantages Of ADR
"Following the Woolf Reforms the courts encourage the use of alternative dispute resolutions (ADR)
both in pre–action protocols as well as after commencement of civil proceedings." Discuss the
advantages and disadvantages of ADR and critically analyze the contributions of ADR in the civil
justice system. You're taking your dog out for a walk; like you do everyday when suddenly a
football comes flying at your head. The impact knocks you out and you wake up in a hospital bed.
The nurse by your bedside tells you that you suffered from a mild concussion. You are displeased
with your neighbour, the one who kicked the football, but you don't seek to punish him, you merely
would like compensation for the medical bills that were incurred. How do we settle this problem in
the most civilized and just way possible? Here is ... Show more content on Helpwriting.net ...
Such a process will not only have to be capable of producing accurate results, it will itself have to be
substantively just. As such, it will, for instance, have to be properly accessible to all those who need
to use it. Its rules will have to be clear, reasonably straightforward for the laymen to understand, and
cost–effective. It will need to be sufficiently efficient such that both adjudication and enforcement
are achieved at a time when they are of practical value. Its processes will also have to be open to
public scrutiny and applied fairly by an impartial and independent judiciary. Court processes that are
too slow, too expensive, inherently unfair, applied in an unequal, arbitrary or biased manner to
individual litigants or classes of litigant, or that are not open to public scrutiny, will in and of
themselves tend to undermine both public confidence in the system and the rule of law, but equally
will do so through undermining the justice system's ability to secure substantively accurate
decisions. Fair process and just result go hand in
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Three Branches of the U.S. Federal Government
Barbara Cherry
Phase 1 IP
CJUS290–1402A–01
Prof. Christine Lee
04/14/2014
Describe the 3 branches of the U.S. federal government.
1. Explain the role of the legislative, executive, and judicial branches.
The role of the Legislative Branch is that they are the only branch that can create new laws. They
have an enormous amount of power. Elections are held every two years for the House and every six
years for the Senate. The have two parts one is the House of representatives and the other is the
Senate. The people elect them. (Pg 9)Makes the laws
The role of the Executive branch is invested in the President of the United States and also acts head
of state and Commander–in–Chief of the armed forces. They are made up of a Cabinet ... Show
more content on Helpwriting.net ...
With the states united under one government to keep the states from chaos.
4. How does this impact the criminal justice system? Explain.
With regard to the criminal justice system, explain the roles of the following primary components: 1.
Law enforcement:
They provide law enforcement personnel include traffi9c citations, criminal investigations and
emergency response as well as crime prevention. They are there to enforce all laws set in place by
the government. It is on the local and federal levels. Without law enforcement society would be in
chaos.
2. Criminal courts:
The courts are there to put the right sentencing to punish the criminal and assign probation and fines,
jail, or prison time that suites the crime. The criminal courts deal with business and professions and
the government.
3. Civil courts:
The civil courts deal with standard lawsuits between people over torts contracts family law issues,
juvenile issues, and issues involving rights of the people. They handle probate cases and
guardianships. The civil courts deal with rules and regulations.
4. Corrections:
The corrections are responsible for managing all persons in custody and in the community serving
your sentence. Corrections staff should keep a professional attitude to each inmate and treat them
with dignity and respect. They help you to become a law–abiding member of the community. They
are there to help the offender to stop committing crimes. They help out the communities by
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Commercial Liens
COMMERCIAL LIENS A MOST POTENT WEAPON
Version 1.0
|Edited by Build Freedom staff |
|[with acknowledgments and credit to Alfred Adask (Publisher of AntiShyster magazine), Richard
Boalbey, David |
|DeReimer, and the various lien authors, for providing some of the content] |
|(Applicable To The U.S.A.; Adaptable For Some Other Countries) |
|Common Law Copyright, 1995 by Build Freedom Holdings |
|All Rights Reserved. | ... Show more content on Helpwriting.net ...
Whether that prospect thrills you or disturbs you depends upon your outlook.
These liens, because they are so powerful, should be treated with respect. We, at Build Freedom, do
not advocate the use of these liens against all government officials, nor to any official in particular.
We honor the fact that there are many virtuous people in government offices, who are truly striving
to harm no one and to benefit as many people in society as possible. The liens described in this
manual are not directed towards these harmless officials.
Scope and Purpose of Manual
This manual is an introduction and primer to the Commercial Lien Strategy. It does not pretend to be
the final word on the subject. The authors and editors have synthesized material from several
sources. We have organized it into a form that should be comprehensible to the average reader.
After reading this manual, you will know the fundamental principles of this strategy. This
understanding, plus the Bibliography in Appendix A, will allow you to do further research on your
own.
Some Notes on the Sample Briefs
Included with this manual is an Appendix containing sample legal briefs, based upon actual
examples used by others.
You will have to reformat these briefs using your word processing software, and you MUST adapt
them to your situation, and to the requirements of your state or locality. These are not and (in the
nature of things) cannot be "fill–in–the–blank" forms.
The
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Criminal and Civil Law in the English Legal System Essay
One of the main differences between criminal cases and civil cases is that they are held in different
courts, this is because there is a significant distinction between a civil wrong and a criminal wrong.
Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an
impact on the parties involved in the case. For example: a breach of contract. Where as criminal
wrongs tend to have an impact on society itself. For example: a murder, theft or rape.
Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said
to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in
a magistrates ... Show more content on Helpwriting.net ...
Magistrates also determine, subject to appeal, whether the defendant should be kept in custody
pending trial. Magistrates can impose conditions to meet their concerns about granting bail. Courts
have limited information on which to base bail decisions, with the exception of experimental bail
information schemes involving the probation service. Normally prosecutors and sometimes defence
lawyers make representations as to whether bail should be granted or not. There is a high degree of
correlation between prosecutors' representations and magistrates' decisions. One problem the society
has with magistrates is that sections of the community are underrepresented in the lay magistracy.
The lay magistracy remains predominately white, middle aged, middle class and conservative.
The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can
only be dealt with in this court and also triable offences for example, all theft cases. An accused has
the absolute right of trial in the Crown Court but if he/she elects summary trial the magistrates may
decline to hear the case. Even if they do they may commit a convicted person to the Crown Court
for sentence if they believe their own sentencing proves to be inadequate. Three types of judges sit
in the court – High Court Judges, circuit judges and recorders. The latter are part time and hear the
less serious
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Journey's End Essay
The sound of guns firing, screaming men, bombs going off and the casual side conversations in the
audience is how Journey's End went. On October 8th I went to go watch the last show run of the
play Journey's End directed by Gordon Reinhart and written by R.C. Sherriff at the Danny Peterson
theatre. In Journey's End, there are eleven characters: Captain Hardy, Stanhope, Lieutenant Osborne,
Private Mason, Lance corporal "Bert" Broughton, 2nd Lieutenant Raleigh, Trotter, Hibbert,
Company Sergeant–Major, the colonel and a German soldier. As I walked into the Morrison center
bought my ticket from the box office, I went straight to the back and headed towards the doors of
the Danny Peterson theatre. Once I arrived at the doors I noticed the ... Show more content on
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Osborne says to Hardy, "He's one of the best company commanders we've got." As captain Hardy
leaves a new soldier arrives whose name is Raleigh. Osborne greets Raleigh then proceeds to tell
about the rest of the crew he'll be working with these next few days. As Osborne is listing off all the
members he gets to mention captain Stanhope, Raleigh says, "I know its frightful good luck". At this
point, I'm caught wondering why would Raleigh say that. Raleigh then goes on to tell Osborne that
he knows Dennis (Stanhope) from back home and that he actually requested to be in the same
company as Stanhope. Stanhope then finds out that Raleigh is in his company and isn't too pleased
that he is. Stanhope goes on to tell Osborne that he thinks Raleigh is there just to spy on him and
report back to his sister. Throughout the play, I start to feel bad for Raleigh just because of the way
Stanhope treats him. Then again Stanhope isn't one of the nicest guys.
It is now Tuesday morning; Trotter is in heaven with the smells of beacon that Mason has cooked for
them for breakfast. Trotter brings up how he enjoys the springtime, throughout the play most of the
time he's having a conversation of varies things...mainly because he doesn't really like to talk about
the war. I thought it was kind of sad. Captain Stanhope lets his men know that the wire around the
trenches needs to be fixed he
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Case Analysis : Admiralty Law
Admiralty Law
Name
Institution
Course
Date
Admiralty Law
Facts
On 1 February 2012, an oil tanker known as The North Star operated and owned by Poseidon Ltd, is
grounded a mile near the port of Swansea. The tanker broke up and started leaking crude oil into the
sea. The leak is then washed up on the beaches surrounding Swansea. The tankers' grounding was
wholly caused by Jeremy's negligence, a pilot employed by SHA, Swansea Harbor Authority. Due to
heavy seas, salvage attempts for the vessel became difficult. As a result of this, it took The Ocean
Salvation crew about four days to reach the grounded tanker. At this point, more than 10,000 tonnes
of crude oil had spilled into the sea. The Ocean Salvation is operated by Seamorgan ... Show more
content on Helpwriting.net ...
All the guests in his hotel cancel their holidays in February and March. The losses he suffered in
terms of revenue amounted to £50,000. A local cockle angler – Huw, suffers substantial losses
following the step by the UK government to enact the Emergency Restrictions Act in 2012, which
banned the harvesting and sale of cockles within the area of the oil spill. This ban lasted close to 18
months and Huw having no other alternative source of income suffered significantly. Another local
resident, the owner of Fantastic Fauna Ltd – Dewi who runs boat trips to observe the harbor seals
found in Swansea. Due to the oil spills, scientist observed that the seals had been permanently
displaced from Swansea and had instead settled in Cardiff. Due to the oil spills and consequent
closure of hotels in Swansea area such as Tawe, which was the biggest client of Swansea Suds – a
company that makes soap – closes down. Aled, the owner of that company suffers substantial losses
of over £35,000 per annum.
In addition, the Ocean Salvation collides with Net Gain a few days later on its way to Portsmouth.
This collision is attributed to the excessive speed of the Ocean Salvation. However, the Ocean
Salvation has left the UK waters, is in Brazil for another rescue operation, and has been there since
28 February 2012. Seamorgan Salvage Solutions was consequently sued by Tony and Steve, former
crewmembers of the Ocean Salvation, for unpaid wages. Seamorgan Salvage Solutions
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Statement Of Purpose For Shipada
Statement of Purpose Born into a family of sailors, international travel has been a theme of my life,
giving me the opportunity to experience different cultures and to fuel my love for all things shipping
since I was an infant. I loved spending my cherished summer vacations every year on board my
father's ship. My sister & I spent curious afternoons exploring the ship deck and playing pretend
Captain on the bridge, while our Master Mariner dad took command of the actual running of the
ship. Although, I was oblivious back then that my childish observations would one day be my future
career interest, I knew in my heart that – ships, the sea and everything about running a ship is what I
love. Today, I find myself fascinated by the Laws of the Seas, Admiralty and Shipping & hence I
envisage myself following my heart and my love for Maritime by pursuing a Master's in
International Shipping Law. ... Show more content on Helpwriting.net ...
Without a doubt, the shipping industry is inextricably linked to globalisation and the growth and
development of world trade. Yet, there is a lack of uniformity in International Maritime Law. I
believe, international uniformity, because of its predictability and certainty, promotes international
justice and international order. But having said that, in my opinion, international laws in any form
must recognize world diversity in substance and style or they will fail. I also strongly feel that as we
work towards conforming to uniform International Marine laws, we must keep in mind not to
impose one legal system or legal tradition, at the cost of marginalizing another. As a student of
International Shipping Law, I would be interested in researching how modern day marine laws have
evolved over the centuries past and become the doctrine that now govern the global
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Deprivation Of The Benefits Of Trial By Jury
Barbara Terry
Donald Bloom
English 102
16 October 2014
Deprivation of the benefits of Trial by Jury
"For depriving us in many cases, of the benefits of Trial by Jury."
This is one of the most supreme points written in the founding principles of our Declaration of
Independence according to the American founding fathers, George Washington, John Adams,
Thomas Jefferson, James Madison, Alexander Hamilton, and Benjamin Franklin. This text in the
Declaration of Independence explicitly upbraids King George III for depriving the people's rights to
a trial by jury. American law is focused around centuries of English common law, the collected
assemblage of laws that are focused around common sense judgment and decisions and which
safeguard the privileges of the individuals. Property proprietorship is a major right of free
individuals, and common law creates the tenets we keep. In a lawful argument about property,
citizens have a right to a jury trial.
The right to a trial by a jury follows its ancestry all the way back to 1297, around the time the
Magna Carta was established. By the middle of the sixteenth century, the jury had effectively
undertaken the structure it holds today in government courts and the dominant part of state courts–
twelve subjects were evoked to sit under a vow in judgment of the villain implications against one
of their companions. Like the Sixth Amendment 's certification of a jury trial for those blamed for a
wrongdoing, the Seventh Amendment ensures a jury
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Judicial Administration of British India Uptill 1790
INTRODUCTION:– History comprises of the growth, evolution and development of the legal
system in the country and sets forth the historical process whereby a legal system has come to be
what it is over time. The legal system of a country at a given time is not the creation of one man or
of one day but is the cumulative fruit of the endeavor, experience, thoughtful planning and patient
labour of a large number of people through generations. With the coming of the British to India, the
legal system of India changed from what it was in the Mughal period where mainly the Islamic law
was followed. The legal system currently in India bears a very close resemblance to what the British
left us with. As per the needs of the changing times changes ... Show more content on
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The establishment of this Court was a welcome as it was the first British Court in India consisting of
lawyers, its jurisdiction was so wise that it covered all kinds of legal wrongs and that since all
British subject came under its jurisdiction it ensured rule of law. . The Governor –General Lord
Cornwallis (1786–1793) introduced changes in the judicial system in 1787, 1790, and 1793. He had
thoroughly reorganized the civil and criminal judicial system in India in Bengal, Bihar, and Orissa.
He for the first time introduced the principle of administration according to law. In 1787 he merged
the revenue collection and power to try the revenue disputes in the same hands of the magistrate
who formed the Mal Adalat. Appeals from the Mal Adalat had to go to the Governor General. 1. The
Choultry Courts:– The Charters dated 31st December, 1600, 31st May 1609 and 4th February, 1622
granted powers to the East India Company to Chastise and correct all English persons committing
any misdemeanour in the East Indias. As a result, the Choultry Court was formed from 1622
onwards.The Choultry Courts tried petty cases, Civil or Criminal. They remitted important cases,
where English Subjects were involved, to England, while they persuaded the local Naik or the
adigar (adhikari or elder of the village) to deal with cases in which Indians were the parties. The
Governer sat at the
... Get more on HelpWriting.net ...
Advantages And Disadvantages Of Shipping Insurance
Shipping is an important sector of the Cyprus economy. Consequently, shipping finance is an
essential part of the Cyprus shipping industry. International and national financial institutions may
shape the development of the shipping industry in the island. Apart from banking and financial
institutions, another important dimension that should be taken into account is the provision of high–
quality legal services.
Mortgages is an extensively popular tool for ensuring the repayment of a loan or any other financial
obligation of a shipping company toward its creditors. The mortgage is created over a ship in favour
of the creditors. Precisely the Cyprus Merchant Shipping Law No. 45/1963 (Registration of Ships,
Sales and Mortgages) permits the creation of a mortgage over ... Show more content on
Helpwriting.net ...
A mortgagee has the right to sell the mortgaged ship. Nevertheless, if there are more than one
mortgagees, he or she will need a court order.
In the case of a forced sale through auction or other private agreements, then the mortgagee's right
have priority in the distribution of income.
Advantages of Cyprus Ship Mortgages:
The Cyprus Mortgage System offers some considerable advantages, some of them are listed below:
The details of all registered mortgages are securely filed.
The bureaucratic procedures related to the registration, transfer and discharge of mortgages are not
complicated and rather efficient.
As it was mentioned above, the registration of a mortgage can be held in a Cyprus consul. In other
words, the registration of a mortgage may take place abroad without unnecessary delays since the
date of deposit of the mortgage to a Cyprus consul is considered to be the date of registration.
In case, the ship is provisionally registered its status remains unaffected by its permanent
... Get more on HelpWriting.net ...

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Proctor Argument Analysis

  • 1. Proctor Argument Analysis Before we follow some simple instruction to Proctor , lets review what the definition of a Proctor is, as defined by The Random House College Dictionary First Edition 1975. "Proctor (prok'ter), n. 1. (in a university or college ) a. a person appointed to supervise students during examination, b. Chiefly Brit. an official charged with maintenance of good order, 2. Law an attorney,esp. in admiralty and ecclesiastical courts, 3. to supervise or monitor," I realize that this is the short version, with a good understanding of its meaning of a Proctors. Will be required and added upon registration course the University of the People is to require a Proctor. I believe it"s to insure the code of conduct is maintained, which applies to student ... Get more on HelpWriting.net ...
  • 2.
  • 3. Delegated Legislation Essay "The advantages of delegated legislation far outweigh the disadvantages." Discuss. It is often said that the advantages of the delegated legislation far outweigh the disadvantages. Because delegated legislation is created by persons or a body other than parliament, but assigned by parliament, it has several significant advantages. Advantages Time Saving – One of the advantages of delegated legislation is that it significantly reduces time consumption within the parliament. Because specific persons or a body is designed to tackle these problems, the government will have more time to deal with more important issues within the country. Quick amendment – Because they're specific persons or a group assigned to tackle these problems, ... Show more content on Helpwriting.net ... 2) Delegated laws are made in private even though they changes very often. 3) By giving unelected civil servants the power of making laws implies that parliament doesn't have the time to review most of the decisions that are being made. The Constitution is the Supreme Law of Jamaica. A Constitution is the body of law containing rules which determine the fundamental political principles of a government. By saying the Constitution is the supreme law of Jamaica, this states that it is the most powerful set of laws within the country. According to Section 2 of Chapter 1 of the Jamaican Constitution states that "Subject to the provisions of sections 49 and 50 of this Constitution, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency be void." This means that any other law within the country that is not in agreement with the constitution, the constitution should prove superior and the other law should be declared invalid. The Constitution also stands to protect the citizens of Jamaica. The Constitution protects ... Get more on HelpWriting.net ...
  • 4.
  • 5. Courts Essay The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their subjects; and to controversies between the citizens of one state and citizens of another state. The federal courts were also originally invested with jurisdiction over controversies between citizens of one state and the government of another state; the 11th Amendment (ratified ... Show more content on Helpwriting.net ... Other federal courts, established by Congress under powers held to be implied in other articles of the Constitution, are called legislative courts. These are the Claims Court, the Court of International Trade, the Tax Court, and the territorial courts established in the federally administered territories of the U.S. The special jurisdictions of these courts are defined by the U.S. Congress. Except in the case of the territorial courts, which are courts of general jurisdiction, the special jurisdictions of these courts are suggested by their titles. State Courts Each state has an independent system of courts operating under the constitution and laws of the state. Broadly speaking, the state courts are based on the English judicial system as it existed in colonial times, but as modified by statutory enactment's; the character and names of the courts differ from state to state. The state courts as a whole have general jurisdiction, except in cases in which exclusive jurisdiction has been vested in the federal courts. In cases involving the federal Constitution or federal laws or treaties, the state courts are governed by the decisions of the Supreme Court and their decisions are subject to review ... Get more on HelpWriting.net ...
  • 6.
  • 7. Piracy In 1700 From a jurisdictional standpoint, the most egregious error on the part of the court was the prosecutions failure to charge the defendants with piracy in the indictment. Since the commissioners established the court, and drew their authority to try the accused, from the Piracy Act of 1700, this oversight threw the legitimacy of the entire proceedings into question. The fact that the men standing before them were pirates seemed so certain to the commissioners, they did not bother to charge them with the crime. But failing to charge them with piracy prohibited them from deriving their authority from the commissions established under the William III statute which was exclusive in nature. The court had no jurisdiction to try anyone for any crime, a fact that became apparent to them at some point during the month long individual hearings. On April 19th, following the conclusion of two trials, and 165 separated investigatory sessions, the court charged John Jessop with "Piracy and Robbery upon the High Seas." Jessop had already been found guilty of unlawful resistance and attack of an HMS vessel ... Show more content on Helpwriting.net ... As is hopefully apparent by now, the common element of piracy trials throughout the era was the uniform desire to convict harshly regardless of circumstance. All of the ingredients existed for rampant cases of wrongful convictions on par with Kidd and Green, but with the exception of the six fisherman hanged for sharing a drink with John Rackam, they didn't occur in the vice–Admiralty courts after the Quelch hearings. How is it that pirate hunters always captured the true sea thieves? Or another way of asking the question, where did all the privateers go? Analyzing the answers to these inquiries is crucial to understanding how the evolution of piracy reduced the ambiguity that plagued seventeenth–century piracy trials and eliminated the uncertainty that existed between legal privateers from ... Get more on HelpWriting.net ...
  • 8.
  • 9. The Second Tier Of The American Federal Court System The first tier of the American federal court system is the U.S. District Court. The U.S. District Court acts as a trial court, norm enforcement, and makes policies. Everyone is entitled to a trial via the Sixth and Seventh Amendment for criminal and civil cases. Therefore, the U.S. District Court sees numerous cases. This court hears criminal and civil cases per the trial courts where attorneys are able to examine and cross–examine witness before a jury of their peers. All federal cases go before the U.S. District Courts including criminal cases, civil cases, bankruptcy cases, etc. The second tier of the American federal court system is the U.S. Court of Appeals. The U.S. Court of Appeals act as reviewers and policymakers. This court reviews cases that litigants are disappointed with the decision the lower courts made. The U.S. Court of Appeals is more likely to make policy on a regional basis rather than a federal basis. The U.S. Court of Appeals hears numerous cases. They have zero control over which cases are brought before them. Since the U.S. Court of Appeals have several cases brought before them they start with a screening process to decide whether an appeal should receive a full review or to dispose of it. Once it is decided if a case is receiving a full review the cases are brought before a three–judge panel. Once the cases are assed the screening process the attorneys argue their case before the three–judge panel. After the oral arguments have been completed the ... Get more on HelpWriting.net ...
  • 10.
  • 11. Federal Asset Forfeiture Is The Driving Force Behind Money... Civil forfeiture Frank Regueira Dustin Dariano, MS Research Methods October 11 2015 Introduction Madinger (2011) Argued that Civil asset forfeiture is the driving force behind money– laundering today is forfeiture. The act allows the government or law enforcement officials to confiscate, sell or keep any property alleged to be involved in criminal activity without convicting the individual, massively threatens the right to own property. Speculations, allegations and suspicions of criminal activity usually are the basis of civil asset forfeiture making it impossible for the accused to plead guilty. Many stories of innocent people who have been victims of forfeiture have been told in the past. 2006–2008 saw Tenaha law ... Show more content on Helpwriting.net ... The British law referred to a judicial courts right over personal property or items including land or even marriage. The court had the ability to terminate a marriage and possess someone's land. This law was thus incorporated to the American customs and laws governing the seizure of ships for crimes such as piracy, smuggling and treason during the early years as a republic and in the American civil war. In 1966, the law was formalized in maritime claims and in the supplemental rules for admiralty making it applicable to the civil forfeiture cases (Devon 2015). When President Nixon took over he announced war on drugs and implemented forfeiture as a law enforcer. Abadinsky (2013), argues that the main idea behind implementing the law into the war on drugs was the belief that it would strengthen the confiscation of illegal substances and means by which they are manufactured and sold. A law to authorize the forfeiture and seizure of illegal drugs was authorized and amended in 1978 by the congress. The continuing criminal enterprise act was also enacted then targeting repeat offenders of drugs as the control was allowed to ensure that it allowed the police to seize private property used in crime assets (Abadinsky, 2013). This act also allowed the accused to prove that the property was not being used for criminal activities. The burden was on the owner not the police creating a situation where the police ... Get more on HelpWriting.net ...
  • 12.
  • 13. 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
  • 14. 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 ...
  • 15.
  • 16. The Supreme Law Of The Land Granting Shared Power Between... The United States has a federal court system and fifty state court systems, with each system having its own organization, structure, and jurisdiction. The U.S. Constitution is the supreme law of the land granting shared power between the federal government and the state governments. In common, all systems are multi–tiered; "predominantly hierarchical in structure (trial courts are first level, and appellate courts sit above them in successive or ascending tiers) (Banks and O 'Brien 132)"; and they all have to adhere to the constitution. The 1789 Judiciary Act laid the foundation of the federal judiciary's organizational structure and jurisdiction. It ensured that State courts would have concurrent jurisdiction with Federal courts regarding the interpretation of the constitution and federal law (Banks and O 'Brien 127). In contrasting the size of the federal and state systems, the federal system is much smaller, with the State courts handling the bulk of the nations judicial business. There are thirteen federal appellate courts (also known as US courts of appeal) spread through out the country, and in each state there is at least one district court. In contrast, different types of trial, appellate, and special courts exist in each state. Federal and state courts tend to handle similar cases; however, there are some cases that each system handles exclusively. For example, bankruptcy cases fall under federal jurisdiction, while the majority of criminal and civil ... Get more on HelpWriting.net ...
  • 17.
  • 18. The Importance Of The Supreme Court In The United States The Supreme Court of the United States is what has been referred to as the "highest" court in the land. it alone has the authority to hear appeals on almost every case set to be decided in the system of the federal court. It also retains the ability to hear "appeals" from the high appellate courts sent from state that involve " questions of federal implications,". For example, a dispute concerning a statute of federal standing or something that arises out of the United States Constitution. That said, fewer than 100 cases are really received and figured out by the Supreme Court in a single year. As the system stands as of this writing there are currently 9 individuals on the Supreme Court, of which are referred to a justice. One so called chief ... Get more on HelpWriting.net ...
  • 19.
  • 20. A Study On Admiralty Law And Maritime Law UNIT 1: INTRODUCTION 1.1 ABOUT SUBJECT: Admiralty Law or Maritime Law is a distinct body of domestic laws that supervene upon the maritime activities (like marine commerce, sailors' related aspects, marine navigation, marine shipping, marine salvaging and transportation of passengers and goods by sea). It has also been governing questions and offenses related to maritime activities and other sub–heads. Broadly, it is a more of a private international law related subject that governs the relationship between private entities that operate vessels on the oceans. Keeping in view the distinction with respect to the subject matters of Public and Private international law, it is mandatory to specify the distinction between The Law of the Seas and The admiralty law and the chapters succeeding will be a great source to enlighten the same. 1.2 HISTORY: The series that started with "The Law of Prize" as the governing Customary Law. Then came the 'the cannon shot ' rule that was developed by the Dutch Jurist (Cornelius van Bynkershoek), which talked about the limited National Rights granted to a specified belt of water extending from a nation 's coastlines that was usually 3 nautical miles (i.e., 5.6 km or Three–mile), it was so that all waters beyond national boundaries were considered international waters (i.e., free to all nations but belonging to none of them). Later there emerged the conflict between Bourbon and Hapsbury which was settled in 1648 through the peace of ... Get more on HelpWriting.net ...
  • 21.
  • 22. Business Law I Summary Chapter one Business Law Law is a set of rules, enforceable by the courts, which regulate the government of the state and governs the relationship between the state and its citizens and between one citizen and another. There are various ways in which the law may be classified; the most important are: * Public and private law * A) Public law is concerned with the relationship between the state and its citizens. Specialised areas are: 1. Constitutional law is concerned with the workings of the british constitution. It covers such matters as the position of the Crown, the composition and procedures of Parliament, the functioning of central and local government, citizenship and the civil liberties of individual citizens. ... Show more content on Helpwriting.net ... * Political parties and pressure groups Law making processes 1. Legislation is law enacted by the Queen in Parliament in the form of Acts of Parliament r statutes. Parliament consists of two chambers(House of Commons and House of Lords). House of Lords is not an elected body. 2. Parliamentary sovereignty: the supremacy of Parliament in the legislative sphere is known as the doctrine of parliamentary sovereignty. It means that Parliament can make any laws as it pleases, no matter how perverse or unfair. Example: Factorname Ltd v. Secretary of State for Transport (page 17) 3. The making of an Act of Parliament: the procedure by which a legislative proposal is translated into an Act of Parliament is long and complicated. Before all the stages in the process have been completed, the act is known as a bill. Kind of bills: * Public Bill change general law or affect the whole of the country. * Private Bill do not alter the law for the whole community but deal with matters of concern in a particular locality or to a private company or even individuals * Government bills are introduced by a minister with the backing of the government and are almost certain to become law. * Private members bill are introduced by an individual MP or private peer(in the House of Lords) without guaranteed government backing. Example law making continued: Donague v. Stevenson (page 345) Stages bill have to go through: House of ... Get more on HelpWriting.net ...
  • 23.
  • 24. ‚ÄúComparison and critical appraisal of the English court... "What is Law?" This is the most popular question to people from all walks of life. According to the meaning in dictionary, Law means, "the system of rules which a particular country or community recognises as regulating the actions of its members and which it may enforce by the imposition of penalties".1 In English legal system, there is a separation of power which dividing the whole legal system into three roles. They are ... Show more content on Helpwriting.net ... Moreover, it can also impose any sentence, which could have imposed earlier by the magistrates' courts and be much more harsher. The Crown Court has the power of imposing life sentences.5 On the other hand, with the enactment of County Court Act 1846, the County Courts were introduced to adjudicate in small claims or fast–­ ‐track civil litigations. There are more than 200 county courts serving by the circuit judges and district judges.6 The County Court hears small–­ ‐scale civil cases while mostly depending on monetary value of the claims. The civil litigation would divide into three tracks which are small claim track, fast track and multi–­ ‐track. These tracks of claims are for deciding which court should involves in. The County Court hears ... Get more on HelpWriting.net ...
  • 25.
  • 26. Compare And Contrast State Courts Vs Federal Courts The federal court system has evolved over time and looks very different from what the framers of the Constitution had originally envisioned. Today the federal court system is broken down into three basic levels. In order, these levels include: district courts, Appellate courts, and the Supreme Court. It is important to note that the cases federal and state courts hear are very different. Federal courts only hear cases authorized by the US Constitution, whereas state courts here cases that fall under state law. The first level in the federal court system is district courts. Almost every civil or criminal case heard at the federal courts begins at the district court level. There are 94 US district courts and within these courts, 678 judges. In total, there are 89 district courts within the fifty states, plus one each in Washington DC, Guam, Puerto Rico, Northern Mariana Islands, and the US Virgin ... Show more content on Helpwriting.net ... The Supreme Court is the final judge in any case involving laws of Congress and the Constitution. The Supreme Court has the ability, thanks to the Constitution, to check both the powers of the President and Congress. There are nine justices on the Supreme Court and they are led by the chief justice, currently John G. Roberts. Justices choose the cases they hear each term. They choose from approximately ten thousand new cases annually. The most common route for an appeal to reach the Supreme Court is though a writ of certiorari, or simply a petition for review by a higher court. A minimum of four justices have to agree to accept a case to review. In order to by–pass both the district court and the court of appeals a case must fall under one of the four original jurisdictions which include: cases between one of the states and the US government, cases between two or more states, cases involving foreign ambassadors, ministers, or consuls, and cases begun by a state against a citizen of another state or against another ... Get more on HelpWriting.net ...
  • 27.
  • 28. The Track And The Multi Track System (P1) The Tracks: There are three tracks in the civil court system, the small claims track, the fast track and the multi– track. These three tracks were formed under the Civil Procedure Act 1997 to make it easier to deal with cases of different complexity. The Act has put in place a series of checks to "sort" the cases according to size of case, the complexity of the case and the size of the compensation asked for. This is achieved through a questionnaire completed by the parties. Small Claim courts: Cases in the small claims court are heard by District judges in a county court, the court will hear contract and tort cases up to £10,000 and personal injury claims up to £1000. The hearing is informal and the courts discourage people ... Show more content on Helpwriting.net ... The court will set a strict timetable in order to stop time wasting and to keep costs low. Once the case is set for a hearing, it will be heard within thirty weeks. Fixed costs will be allowed and the hearing will be one day long. Only one expert can be used, for example, in a case involving mechanical problems between the manufacturer and the dealer, an engineer may be used in order to give advice on the technicality at hand. The judge decide how much the losing party has to pay in legal fees to the winner, to decide this both parties have to hand in a form stating how much money they have spent in legal fees in order for the judge to decide. Multi Track Claims: Cases on the fast track are heard by a Circuit judge in a County court, the court will hear cases over £25,000 (therefore it has no limit) or cases with a complex point. Cases on this track can be sent to the High Court (Queens Bench Division, Family Division, or Chancery Division) if it contains complex points of law. The judge will case manage therefore setting a strict timetable for matters such as document disclosures. The use of ADR, such as arbitration, will be encouraged in order to avoid having to go to court and therefore keep costs low. The Civil Courts: The civil courts will deal with issues between two parties with the claimant asking the liable party for ... Get more on HelpWriting.net ...
  • 29.
  • 30. The Legal Profession Of The Gilded Lawyers Trial Lawyer Did you know that at present, there is only one lawyer for every 247 Americans in the Unites States? A lawyer is "a person trained in the legal profession who acts for and advises clients or pleads in court" (Webster's Dictionary and Thesaurus). According to about careers, there are many different types of lawyers, among the top five highest paying legal professionals around the globe are trial lawyers. The first lawyers, also known as the "Gilded Lawyers" arranged the United Auto Workers (UAW) and the Congress of Industrial Organizations (CIO) in the early 1930s ("National Lawyers Guild). The actions the Gilded Lawyers made gave them useful experience for defending the rights given to us by the First Amendment and suffused the work of the business in later years. Today, trial lawyers must meet specific job requirements and qualifications such as working under stressful conditions for long periods of time, making a profitable salary, and keeping up with the ever changing future needs for the career. Career Requirements and Qualifications Trial lawyers are required to work efficiently under stressful conditions for long periods of time. According to a survey done on the average salaries of the New York attorneys, most lawyers work an average of 42 billed hours per week ("How Many Hours A Week Does A Lawyer Work?"), however this does not include unbilled hours. The survey also stated that attorneys generally worked an average of 24 unbilled hours per week, when ... Get more on HelpWriting.net ...
  • 31.
  • 32. Civil Law vs Common Law There are more than 200 nations in the world nowadays, and each has a different set of laws that govern its people and its relations with the rest of the world. Whereas, international law governs relations between states, institutions, and individuals across national boundaries, municipal law governs this same person within the boundaries of a particular state. The comparative law, which is the study, analysis, and comparison of the different municipal law systems, classifies countries into legal families. The two widely distributed families are the Romano–Germanic Civil Law and the Anglo–American Common Law. This short essay seeks an answer to the differences between two fundamentally different legal theories or systems. The original ... Show more content on Helpwriting.net ... The French Code is an evaluate version of the Corpus Juris Civilis because it incorporated the principle ideas of the French Revolution, including the right to possess private property, the freedom to contract, and the autonomy of the patriarchal family. With private property, the Code's authors: J.J Cambacérès and Napoléon consciously attempted to break the old feudal estates of the aristocracy by prohibiting restraints on the sale of land. The French code joined one of the United State Constitution mentioning that lawyers couldn't foresee every possible legal eventuality, thus they set flexible general maxima of justice rather than detailed provisions. Unlike the French Code The German Civil Code was meant for the use of trained experts. Indeed because of the Pandectits, the German's Codes' organization and form is incredibly precise and technical. Sentence structure indicates which party had the burden of proof. However its overall approach rely on many of the same political and philosophical ideals, notably the "laisser faire" economics and the autonomous right of individuals. [5] Moreover separated and apart from the movement of codification of civil or private law occurred the development of the public law, a constitutional and administrative law. ... Get more on HelpWriting.net ...
  • 33.
  • 34. The English Legal System Essay The English Legal System The English legal system comprises of two different branches, barristers and solicitors. In the UK at the moment there are around 9,000 barristers and they are known collectively as the 'Bar'. The governing body for barristers is the Bar Council, which acts as a kind of trade union, safe guarding the interests of barristers and regulating barristers training and activities. All barristers belong to one of the 4 Inns – Inner Temple, Middle Temple, Grays Inn or Lincolns Inn. There are no significant differences between any of the Inns. The majority of barristers work in private practices and they work as individuals. Barristers aren't allowed to form formal ... Show more content on Helpwriting.net ... Employed barristers are at the moment mainly concerned with preparatory work and giving advice, rather than with representing cases in court. The Access to Justice Act 1999 does however allow them to appear in court if they so choose. Barristers have rights of audience in any court and they will usually be engaged by a solicitor on behalf of a client. There are currently over 100,000 solicitors in the UK. The governing body for solicitors is the Law Society which is similar to the Bar Council in that it supervises training and discipline, as well as acting on behalf of the profession as a whole. Solicitors work from offices, about 75,000 are currently in practice in towns, cities and villages throughout the country and about 5,000 are employed as legal advisers to organisations such as local government, commerce or industry or in the Crown prosecution Service. Some practising solicitors operate as sole practitioners but most are partners or assistant solicitors in firms, which vary in size from 2 to 200 solicitors. Solicitors in private practice deal with the public directly and many firms handle a wide range of legal work, including conveyancing, divorce and related family matters, wills and probate, personal injury claims and criminal advice and representation. Solicitors can employ other professionals but cannot enter ... Get more on HelpWriting.net ...
  • 35.
  • 36. Parliament Of Great Britain Analysis Dear King George III and the Parliament of Great Britain, It has come to our attention that it appears that you have forgotten how to treat the citizens of your colonies. Parliament continues to barraid us with unlawful and ridiculous taxes and acts without granting us any form of representation in Parliament, and no, "virtual representation" is not representation, regardless of whatever George Greenville says. Furthermore, you continue to send masses of troops to our cities, such as Boston, to enforce these ridiculous acts on us, while simultaneously expecting us, by law mind you, to feed them and house them. We have made an attempt to reach out to you with our olive branch petition, and you turned around with strict and swift condemnation ... Get more on HelpWriting.net ...
  • 37.
  • 38. Funny Face Case Study BUS 206 Milestone One Funny Face is located in California. Novelty Now Inc. is located in Florida. Jurisdiction needs to be established. Personal jurisdiction gives a court the authority to make decisions binding on the people involved in a civil case. very state has personal jurisdiction over persons within its territory. No state can e!ercise personal jurisdiction and authority over persons outside its territory unless the persons have manifested some contact with the state. In this case" personal jurisdiction e!ists due to the fre#uent meetings between the two parties. $owever" the case study does not state where these meetings take place.Personal jurisdiction will be found if the persons involved in the litigation are present in the state or are legal residents of the state in which the lawsuit has been %led" or if the transaction in #uestion has a substantial ... Show more content on Helpwriting.net ... &his would not apply as the plainti' lives in New (ork. $owever" the long)arm statute could be enacted to gain jurisdiction over Funny Face who originates out of California *+ubasek" p. ,– ./ubject matter jurisdiction refers to the nature of the claim or controversy. /ubject matter jurisdiction is the power of a court to hear particular types of cases. Federal courts deal with admiralty" bankruptcy" disputes of state against state" disputes against the 0./." disputes of federal law" etc. None of these categories apply. 1 diversity)of)citi2enship case must meet both re#uirements that the plainti' does not livein the same state as the defendant" and the case controversy issues cannot e!ceed 345"666. &his could apply as both parties reside in di'erent states" and if there is a product safety concern" medical costs and damages could easily e!ceed 345"666 *+ubasek" p. ,,.7inimum contacts is the contact re#uired between a party and a state in order for the courts of that state to constitutionally assert power ... Get more on HelpWriting.net ...
  • 39.
  • 40. The Treason Trial Act Of The United States Despite the concessions Hedges made to combat the obvious disadvantage defendants in piracy cases faced, it is also clear that Hedges was not willing to provide suspected pirates with an avenue to escape justice. To the Chief Justice, these minor concessions in no way hampered the court's ability to ascertain the truth. To that end, Hedges withheld two crucial components of the Treason Trial Act from his piracy legislation which conflicted with his approach to trying pirates. One of the most important and radical changes in trial procedures derived from the Treason Trials Act was that it changed the court's interaction with the accused, from a combative environment, to seeing defendants as possible victims. This was contradictory to ... Show more content on Helpwriting.net ... Prior to 1706, only three gentlemen from Massachusetts travelled to England to study law, all of them focusing on common law training at the Inns of Court. William Penn, proprietor of Pennsylvania, argued vehemently against the perceived usurpation of charter rights and complained about the difficulty in following the statute since no one in the colonies understood civil law procedure. Robert Quarry, recent judicial appointee to Pennsylvania's new vice–Admiralty court confirmed Penn's analysis when he wrote "I have not so much vanity as to pretend myself learned in the Civil Law..." continuing, "If none but a person learned in the law must be Judge of the Vice– Admiralty in Pennsylvania, then the crown must be without justice there, or send a person so qualified to England." The Board of Trade's solution to this serious impediment was to send George Larkin to the colonies in the spring of 1700 to instruct colonial officials in civil law and the proper procedures relating to piracy trials. This whirlwind tour sent Larkin to nine colonies, where he spent roughly two weeks in each colony giving a crash course to unprepared, and at times, unwilling recipients. He skipped the proprietary colonies completely. In Massachusetts, no high ranking official was present for Larkin's training, and those that did show up proved highly resistant to accepting civil law procedures in their courts. Bermuda's Governor ... Get more on HelpWriting.net ...
  • 41.
  • 42. Marinety Lawyer Essay What to bring to you meeting with your admiralty law attorney It can end up being a big waste of time for both you and your attorney if you are not ready for your initial meeting. Being unprepared can end up costing you money. This is because it will take longer for the lawyer you have hired to get up to speed on your personal injury matter. So get your stuff together beforehand; it's in your own best interests. Preliminaries The first thing your lawyer is going to want to know is basic information about who you are and how they can get in touch with you. They will also want to know your personal background, and may send you a questionnaire to fill out prior to your first meeting. If you can, send it and copies of all pertinent documents ... Show more content on Helpwriting.net ... This is anyone who provided treatment to you or anyone who you consulted with regarding an injury (such as for a second opinion or a doctor you were required to see as a requirement from your employer Bills from any and all of your medical care providers All reports from doctors having to do with your diagnosis and prognosis Information about any anticipated future medical costs All information about any insurance coverage of your medical bills A description and notes from any interactions you may have had with insurance companies Copies of all correspondence with insurance companies Copies of any claims you have already filed with your employer or with an insurance company, including your own Documentation for any reimbursement your employer has given to you All information about work that you missed (and possibly continue to miss) as a result of your injury A list of all the ways in which your life has been affected by your injury, no matter how ... Get more on HelpWriting.net ...
  • 43.
  • 44. Gatt Article : National Treatment Article 3 Essay GATT Article III– National treatment Article 3 The next measure to be analysed is the legislative amendment. Prior to beginning the analysis the first fact to establish is whether Article III applies. Generally Article III applies to internal measures and the legislative amendment is an internal measure. Furthermore Article 3(4) specifically applies to the amendment as it is not a tax or charge but affects offering for sale by increasing the cost of production. Having established that Article 3(4) of GATT applies examination of the amendment begins. GATT Article 3(4) and the AB in Korea Beef outline that for a measure to be a violation of Article 3(4) three things must be established: the products at issue must be like, the law at issue must be an internal measure affecting internal sale or offering for sale... and finally the imported product must be given less favourable treatment compared to like domestic products. To determine likeness under Article 3(4): examining the physical properties, tariff classification, end uses and interchangeability of the products is important . In this case the products at issue are Newland's rear–engine cars and Richland's front engine cars. In assessing their likeness their physical properties are same except for the fact that one engine is in the rear while the other is in front. The end uses of both cars are also similar as they serve a common purpose of locomotion. The two cars are also interchangeable as the Richland survey shows ... Get more on HelpWriting.net ...
  • 45.
  • 46. Dual Court System Courts play a vital role in the Criminal Justice System in America, however; understanding how the courts work and function is essential. Even the general public should have a basic knowledge regarding the similarities and differences of the jurisdiction and structure of our dual court system – federal and state. In addition, there are ethical and diversity issues that can be experienced by each of the courts that could possibly impact the courts' functioning. A couple of similarities between the federal and state court systems are due process and the court proceedings. According to eHow due process "dictates how federal and state law enforcement authorities gather evidence, interview witnesses and make arrests" (eHow, 2016). The court ... Show more content on Helpwriting.net ... One of the big differences within the dual court system is the jurisdiction. The United States Courts website explains the differences in the jurisdiction as the types of cases that the federal and state courts can preside over. The federal court system presides over "cases that deal with the constitutionality of law; cases involving the laws and treaties of the U.S; cases involving ambassadors and public ministers; disputes between two or more states; admiralty law; bankruptcy; and habeas corpus issues" (United States Courts, n.d.). Whereas the state court system although it can be different from state to state presides over "most criminal cases, probate (involving wills and estates) and most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions)" (United States Courts, n.d.) among other cases of a similar nature. Yet another difference between the federal and the state court systems is the way judges are selected. A federal judge is nominated by the President, confirmed by the Senate, and often hold the position for life. On the other hand, a state judge is generally an elected official elected for a set amount of time (United States Courts, n.d.). Of course, these are just a couple of the differences within the dual court ... Get more on HelpWriting.net ...
  • 47.
  • 48. Sovereign Nation Legal Issues On Law Enforcement Sovereign Nation Legal Issues on Law Enforcement Vichit J. Hausman CJCU 465 August 21, 2016 Mr. Courtemanche Sovereign Nation Legal Issues on Law Enforcement When you ask an average American what is sovereign nation or sovereign citizens extremist, most will likely answer you that they have no idea what that is. Law enforcement officers across the country are experiencing a growing number of contacts with Sovereign Citizens. Many local, states and federal law enforcement have been having problems with this group so call sovereign nation group. The Federal Bureau of Investigation (FBI) classifies sovereign citizens as domestic terrorists, which are scattered across the United States of America. Sovereign citizens are anti–government extremists who believe that even though they physically reside in this country, they are separate or "sovereign" from the United States (FBI, 2011). Ideology Many sovereign citizens don't pay taxes and, they hold illegal courts that issue warrants for judges and police officers. They clog up the court system with frivolous lawsuits and liens known as "Paper Terrorism" against public officials to harass them, and they use fake money orders, personal checks, and operate fake businesses. They believe they don't have to answer to any government authority, including courts, the IRS, motor vehicle departments, or law enforcement and, this causes all kinds of problems and crimes (FBI, 2011). They also commit murders, threaten judges, law ... Get more on HelpWriting.net ...
  • 49.
  • 50. Essay about The Northwest Passage The opening up of the north polar sea between 1815 and 1817 had prompted Barrow to propose a plan to send two expedition voyages, one in search of the Northwest Passage and the other to proceed from the sea of Spitzbergen towards the North Pole. Accordingly he sent the plan to the President and Council of the Royal Society which duly returned with their approval and the orders were issued by the Board of the Admiralty. Examining such interplay between scientific institutions, such as the Royal Society and the British Admiralty, one can see a well defined division of labour, in the collaboration between gentleman scientists at home and their field workers in the navy ship on voyages of exploration, in which the navy sent the ship to collect ... Show more content on Helpwriting.net ... On one side there are those who regard the naval scientific expedition as an instrument for imperialism, such as Jane Samson in the 'That Extensive Enterprise', in which she had indicated that there was considerable evidence of imperial tendency in Berthold Seemann, who as the naturalist on board the Herald in responded to landscape and noted connections between the collection of scientific data and the interests of British commercial and political expansion. In her analysis, she shows that the characteristic of many explorers and naturalists on the naval scientific expeditions evidently represent the tendency towards imperial power and the exploitation of nature. She states that, 'Naval survey expeditions did far more than chart coast lines; they also mapped Europe's conquest of the non–European world, cataloguing the future of empire'. This was amplified by Janet Browne, who emphasised the activity of naturalists in studying animal and plant distribution patterns or biogeography as a proxy for colonial ideology, in which 'interpretations of animal and plant distribution patterns over the globe...were intimately related to the emerging ideology of colonialism'. On the other side there are some naval historians, who believe that international cooperation in science between imperial rivals and the number of foreigners involved in ... Get more on HelpWriting.net ...
  • 51.
  • 52. The Us Supreme Court The US Supreme Court History, Jurisdiction & Current Justices Introduction The Supreme Court's annual term begins in October. Five justices constitute a quorum to hear a case, and decision is rendered by majority vote. In the event of a tie, the previous judgment is affirmed. Under the Judiciary Law, cases are brought to the court by appeal or by writ of certiorari. Nine judges sit on the Court: the chief justice of the United States and eight associate justices. The president of the United States appoints them to the Court for life terms, but the U.S. Senate must approve each appointment with a majority vote. The Supreme Court wields complete authority over the federal courts, but it has only limited power over state courts. The Court ... Show more content on Helpwriting.net ... Congress has authorized the Court to use its full appellate jurisdiction, except on rare occasions. Current Justices of the Supreme Court Members of the court are appointed by the President with the advice and consent of the Senate. Like all Federal judges, they retain their office indefinitely. The size of the Supreme Court is not prescribed by the Constitution; it is set by statute. By late 1999, a total of 108 Justices, 106 men and 2 women had sat on the bench. William H. Rehnquist WILLIAM HUBBS REHNQUIST During his early years on the Court, despite the presence of three other Republican appointees, Rehnquist was often the only dissenter, espousing a view of states' rights and limited federal judicial power that many regarded as outmoded. Rehnquist also dissented in Roe v. Wade (1973), in which the majority based a woman's right to an abortion on a constitutional right of privacy that arose not from the terms but from the "penumbras" of the Bill of Rights. He wrote, "To reach its result, the Court necessarily has had to find within the scope of the Fourteenth Amendment a right that was apparently completely unknown to the drafters of the Amendment." When Warren Burger announced his resignation as chief justice and President Ronald Reagan nominated Rehnquist as his replacement June 20, 1986, there was a firestorm of protest among liberals. Sen. Edward Kennedy ... Get more on HelpWriting.net ...
  • 53.
  • 54. Controversy: The Judicial Power The judicial Power is entitled to all citizens Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects."The jurisdiction of the federal courts was further ... Show more content on Helpwriting.net ... The acquisition of objects and many of the decorative arts on exhibit throughout the building were acquired with the assistance of the Supreme Court Historical Society. The Constitution specifies that the Supreme Court may exercise original jurisdiction in cases affecting ambassadors and other diplomats, and in cases in which a state is a party. In all other cases, however, the Supreme Court has only appellate jurisdiction. The Supreme Court considers cases based on its original jurisdiction very rarely; almost all cases are brought to the Supreme Court on appeal. In practice, the only original jurisdiction cases heard by the Court are disputes between two or more states. The power of the Supreme Court to consider appeals from state courts, rather than just federal courts, was created by the Judiciary Act of 1789 and upheld early in the Court's history, by its rulings in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). The Supreme Court is the only federal court that has jurisdiction over direct appeals from state court decisions, although there are a variety of devices that permit so–called "collateral review" of state cases, because, under Article III, federal courts may only entertain "cases" or "controversies", the Court avoids deciding cases that are moot and does not render advisory opinions, as the supreme courts of some states may do. For example, in DeFunis v. ... Get more on HelpWriting.net ...
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  • 56. Legislative Branch Research Paper The Constitution of the United States is one of the oldest pieces of legislature in America's history, yet it's strength and resilience has withstood the withering test of time, and continues to stand tall as one of the greatest pieces of work mankind has ever created. Together, on a dismal piece of parchment, our Founding Father's established our nation's government, fundamental laws, and guaranteed all its citizens fundamental rights. Dividing our government into three branches, the Constitution allowed for a strong system of checks and balances, thus ensuring that no branch had total control of the government. The three branches are the legislative, executive, and judiciary. Each have their own responsibilities and at the same time they ... Show more content on Helpwriting.net ... This branch of government includes the President of the United States and his cabinet officials. Donald Trump is currently our president and 45th president of the United States. "The power of the Executive Branch is vested in the President of the United States, who also acts as head of state and Commander–in–Chief of the armed forces. The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet" (Whitehouse.gov). Article II of the Constitution grants the president executive powers, which means he executes the laws passed by congress. In addition to being commander of the military and enforcing laws passed by congress, he can also give federal pardons. "The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States... and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. (U.S. Constitution. Article 2, Section 2). The President of the United States has many other duties, like electing supreme court judges. Just recently our President Trump used one of his constitutional powers to elect one of the youngest Supreme Court Judges in history, Neil ... Get more on HelpWriting.net ...
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  • 58. The Court System Of England And Wales The court system in England and Wales means a thousand years of history and development throughout different political and social climates. This essay will provide a brief history of this evolution and evaluation of some advantages and disadvantages of a modern jury system. According to The Open University (2014, section 10.1), under Anglo–Saxon domination all disputes were resolved in local courts called 'moots'. These courts later developed and became Magistrates' Courts, still keeping their local function. Majority of all criminal cases are heard there, however the courts can only decide on 'summary' or 'triable either way' offences, referring the most serious files to the Crown Court. Crown courts, which superseded the courts of assize and quarter sessions, were established under the Courts Act 1971 to improve efficiency of the existing criminal justice system. The latter were local courts of the Queen 's Bench Division, which served a number of circuits by assembling juries and hearing cases not serious enough to go before a High Court judge. The Norman Conquest made significant changes to the English law by establishing the 'Curia Regis', the court which was ruled by the king and his appointed judges. Some key institutions of Parliament, such as the common law courts including King's (Queen's) Bench, Common Pleas, Exchequer, and the Court of Chancery evolved from the 'Curia Regis'. The law became to be more centralised through a unified court system to a national ... Get more on HelpWriting.net ...
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  • 60. Disadvantages Of ADR "Following the Woolf Reforms the courts encourage the use of alternative dispute resolutions (ADR) both in pre–action protocols as well as after commencement of civil proceedings." Discuss the advantages and disadvantages of ADR and critically analyze the contributions of ADR in the civil justice system. You're taking your dog out for a walk; like you do everyday when suddenly a football comes flying at your head. The impact knocks you out and you wake up in a hospital bed. The nurse by your bedside tells you that you suffered from a mild concussion. You are displeased with your neighbour, the one who kicked the football, but you don't seek to punish him, you merely would like compensation for the medical bills that were incurred. How do we settle this problem in the most civilized and just way possible? Here is ... Show more content on Helpwriting.net ... Such a process will not only have to be capable of producing accurate results, it will itself have to be substantively just. As such, it will, for instance, have to be properly accessible to all those who need to use it. Its rules will have to be clear, reasonably straightforward for the laymen to understand, and cost–effective. It will need to be sufficiently efficient such that both adjudication and enforcement are achieved at a time when they are of practical value. Its processes will also have to be open to public scrutiny and applied fairly by an impartial and independent judiciary. Court processes that are too slow, too expensive, inherently unfair, applied in an unequal, arbitrary or biased manner to individual litigants or classes of litigant, or that are not open to public scrutiny, will in and of themselves tend to undermine both public confidence in the system and the rule of law, but equally will do so through undermining the justice system's ability to secure substantively accurate decisions. Fair process and just result go hand in ... Get more on HelpWriting.net ...
  • 61.
  • 62. Three Branches of the U.S. Federal Government Barbara Cherry Phase 1 IP CJUS290–1402A–01 Prof. Christine Lee 04/14/2014 Describe the 3 branches of the U.S. federal government. 1. Explain the role of the legislative, executive, and judicial branches. The role of the Legislative Branch is that they are the only branch that can create new laws. They have an enormous amount of power. Elections are held every two years for the House and every six years for the Senate. The have two parts one is the House of representatives and the other is the Senate. The people elect them. (Pg 9)Makes the laws The role of the Executive branch is invested in the President of the United States and also acts head of state and Commander–in–Chief of the armed forces. They are made up of a Cabinet ... Show more content on Helpwriting.net ... With the states united under one government to keep the states from chaos. 4. How does this impact the criminal justice system? Explain. With regard to the criminal justice system, explain the roles of the following primary components: 1. Law enforcement: They provide law enforcement personnel include traffi9c citations, criminal investigations and emergency response as well as crime prevention. They are there to enforce all laws set in place by the government. It is on the local and federal levels. Without law enforcement society would be in chaos. 2. Criminal courts: The courts are there to put the right sentencing to punish the criminal and assign probation and fines, jail, or prison time that suites the crime. The criminal courts deal with business and professions and the government. 3. Civil courts: The civil courts deal with standard lawsuits between people over torts contracts family law issues, juvenile issues, and issues involving rights of the people. They handle probate cases and guardianships. The civil courts deal with rules and regulations. 4. Corrections: The corrections are responsible for managing all persons in custody and in the community serving
  • 63. your sentence. Corrections staff should keep a professional attitude to each inmate and treat them with dignity and respect. They help you to become a law–abiding member of the community. They are there to help the offender to stop committing crimes. They help out the communities by ... Get more on HelpWriting.net ...
  • 64.
  • 65. Commercial Liens COMMERCIAL LIENS A MOST POTENT WEAPON Version 1.0 |Edited by Build Freedom staff | |[with acknowledgments and credit to Alfred Adask (Publisher of AntiShyster magazine), Richard Boalbey, David | |DeReimer, and the various lien authors, for providing some of the content] | |(Applicable To The U.S.A.; Adaptable For Some Other Countries) | |Common Law Copyright, 1995 by Build Freedom Holdings | |All Rights Reserved. | ... Show more content on Helpwriting.net ... Whether that prospect thrills you or disturbs you depends upon your outlook. These liens, because they are so powerful, should be treated with respect. We, at Build Freedom, do not advocate the use of these liens against all government officials, nor to any official in particular. We honor the fact that there are many virtuous people in government offices, who are truly striving to harm no one and to benefit as many people in society as possible. The liens described in this manual are not directed towards these harmless officials. Scope and Purpose of Manual This manual is an introduction and primer to the Commercial Lien Strategy. It does not pretend to be the final word on the subject. The authors and editors have synthesized material from several sources. We have organized it into a form that should be comprehensible to the average reader. After reading this manual, you will know the fundamental principles of this strategy. This understanding, plus the Bibliography in Appendix A, will allow you to do further research on your own. Some Notes on the Sample Briefs Included with this manual is an Appendix containing sample legal briefs, based upon actual examples used by others. You will have to reformat these briefs using your word processing software, and you MUST adapt them to your situation, and to the requirements of your state or locality. These are not and (in the nature of things) cannot be "fill–in–the–blank" forms.
  • 66. The ... Get more on HelpWriting.net ...
  • 67.
  • 68. Criminal and Civil Law in the English Legal System Essay One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates ... Show more content on Helpwriting.net ... Magistrates also determine, subject to appeal, whether the defendant should be kept in custody pending trial. Magistrates can impose conditions to meet their concerns about granting bail. Courts have limited information on which to base bail decisions, with the exception of experimental bail information schemes involving the probation service. Normally prosecutors and sometimes defence lawyers make representations as to whether bail should be granted or not. There is a high degree of correlation between prosecutors' representations and magistrates' decisions. One problem the society has with magistrates is that sections of the community are underrepresented in the lay magistracy. The lay magistracy remains predominately white, middle aged, middle class and conservative. The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can only be dealt with in this court and also triable offences for example, all theft cases. An accused has the absolute right of trial in the Crown Court but if he/she elects summary trial the magistrates may decline to hear the case. Even if they do they may commit a convicted person to the Crown Court for sentence if they believe their own sentencing proves to be inadequate. Three types of judges sit in the court – High Court Judges, circuit judges and recorders. The latter are part time and hear the less serious ... Get more on HelpWriting.net ...
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  • 70. Journey's End Essay The sound of guns firing, screaming men, bombs going off and the casual side conversations in the audience is how Journey's End went. On October 8th I went to go watch the last show run of the play Journey's End directed by Gordon Reinhart and written by R.C. Sherriff at the Danny Peterson theatre. In Journey's End, there are eleven characters: Captain Hardy, Stanhope, Lieutenant Osborne, Private Mason, Lance corporal "Bert" Broughton, 2nd Lieutenant Raleigh, Trotter, Hibbert, Company Sergeant–Major, the colonel and a German soldier. As I walked into the Morrison center bought my ticket from the box office, I went straight to the back and headed towards the doors of the Danny Peterson theatre. Once I arrived at the doors I noticed the ... Show more content on Helpwriting.net ... Osborne says to Hardy, "He's one of the best company commanders we've got." As captain Hardy leaves a new soldier arrives whose name is Raleigh. Osborne greets Raleigh then proceeds to tell about the rest of the crew he'll be working with these next few days. As Osborne is listing off all the members he gets to mention captain Stanhope, Raleigh says, "I know its frightful good luck". At this point, I'm caught wondering why would Raleigh say that. Raleigh then goes on to tell Osborne that he knows Dennis (Stanhope) from back home and that he actually requested to be in the same company as Stanhope. Stanhope then finds out that Raleigh is in his company and isn't too pleased that he is. Stanhope goes on to tell Osborne that he thinks Raleigh is there just to spy on him and report back to his sister. Throughout the play, I start to feel bad for Raleigh just because of the way Stanhope treats him. Then again Stanhope isn't one of the nicest guys. It is now Tuesday morning; Trotter is in heaven with the smells of beacon that Mason has cooked for them for breakfast. Trotter brings up how he enjoys the springtime, throughout the play most of the time he's having a conversation of varies things...mainly because he doesn't really like to talk about the war. I thought it was kind of sad. Captain Stanhope lets his men know that the wire around the trenches needs to be fixed he ... Get more on HelpWriting.net ...
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  • 72. Case Analysis : Admiralty Law Admiralty Law Name Institution Course Date Admiralty Law Facts On 1 February 2012, an oil tanker known as The North Star operated and owned by Poseidon Ltd, is grounded a mile near the port of Swansea. The tanker broke up and started leaking crude oil into the sea. The leak is then washed up on the beaches surrounding Swansea. The tankers' grounding was wholly caused by Jeremy's negligence, a pilot employed by SHA, Swansea Harbor Authority. Due to heavy seas, salvage attempts for the vessel became difficult. As a result of this, it took The Ocean Salvation crew about four days to reach the grounded tanker. At this point, more than 10,000 tonnes of crude oil had spilled into the sea. The Ocean Salvation is operated by Seamorgan ... Show more content on Helpwriting.net ... All the guests in his hotel cancel their holidays in February and March. The losses he suffered in terms of revenue amounted to £50,000. A local cockle angler – Huw, suffers substantial losses following the step by the UK government to enact the Emergency Restrictions Act in 2012, which banned the harvesting and sale of cockles within the area of the oil spill. This ban lasted close to 18 months and Huw having no other alternative source of income suffered significantly. Another local resident, the owner of Fantastic Fauna Ltd – Dewi who runs boat trips to observe the harbor seals found in Swansea. Due to the oil spills, scientist observed that the seals had been permanently displaced from Swansea and had instead settled in Cardiff. Due to the oil spills and consequent closure of hotels in Swansea area such as Tawe, which was the biggest client of Swansea Suds – a company that makes soap – closes down. Aled, the owner of that company suffers substantial losses of over £35,000 per annum. In addition, the Ocean Salvation collides with Net Gain a few days later on its way to Portsmouth. This collision is attributed to the excessive speed of the Ocean Salvation. However, the Ocean Salvation has left the UK waters, is in Brazil for another rescue operation, and has been there since 28 February 2012. Seamorgan Salvage Solutions was consequently sued by Tony and Steve, former crewmembers of the Ocean Salvation, for unpaid wages. Seamorgan Salvage Solutions ... Get more on HelpWriting.net ...
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  • 74. Statement Of Purpose For Shipada Statement of Purpose Born into a family of sailors, international travel has been a theme of my life, giving me the opportunity to experience different cultures and to fuel my love for all things shipping since I was an infant. I loved spending my cherished summer vacations every year on board my father's ship. My sister & I spent curious afternoons exploring the ship deck and playing pretend Captain on the bridge, while our Master Mariner dad took command of the actual running of the ship. Although, I was oblivious back then that my childish observations would one day be my future career interest, I knew in my heart that – ships, the sea and everything about running a ship is what I love. Today, I find myself fascinated by the Laws of the Seas, Admiralty and Shipping & hence I envisage myself following my heart and my love for Maritime by pursuing a Master's in International Shipping Law. ... Show more content on Helpwriting.net ... Without a doubt, the shipping industry is inextricably linked to globalisation and the growth and development of world trade. Yet, there is a lack of uniformity in International Maritime Law. I believe, international uniformity, because of its predictability and certainty, promotes international justice and international order. But having said that, in my opinion, international laws in any form must recognize world diversity in substance and style or they will fail. I also strongly feel that as we work towards conforming to uniform International Marine laws, we must keep in mind not to impose one legal system or legal tradition, at the cost of marginalizing another. As a student of International Shipping Law, I would be interested in researching how modern day marine laws have evolved over the centuries past and become the doctrine that now govern the global ... Get more on HelpWriting.net ...
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  • 76. Deprivation Of The Benefits Of Trial By Jury Barbara Terry Donald Bloom English 102 16 October 2014 Deprivation of the benefits of Trial by Jury "For depriving us in many cases, of the benefits of Trial by Jury." This is one of the most supreme points written in the founding principles of our Declaration of Independence according to the American founding fathers, George Washington, John Adams, Thomas Jefferson, James Madison, Alexander Hamilton, and Benjamin Franklin. This text in the Declaration of Independence explicitly upbraids King George III for depriving the people's rights to a trial by jury. American law is focused around centuries of English common law, the collected assemblage of laws that are focused around common sense judgment and decisions and which safeguard the privileges of the individuals. Property proprietorship is a major right of free individuals, and common law creates the tenets we keep. In a lawful argument about property, citizens have a right to a jury trial. The right to a trial by a jury follows its ancestry all the way back to 1297, around the time the Magna Carta was established. By the middle of the sixteenth century, the jury had effectively undertaken the structure it holds today in government courts and the dominant part of state courts– twelve subjects were evoked to sit under a vow in judgment of the villain implications against one of their companions. Like the Sixth Amendment 's certification of a jury trial for those blamed for a wrongdoing, the Seventh Amendment ensures a jury ... Get more on HelpWriting.net ...
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  • 78. Judicial Administration of British India Uptill 1790 INTRODUCTION:– History comprises of the growth, evolution and development of the legal system in the country and sets forth the historical process whereby a legal system has come to be what it is over time. The legal system of a country at a given time is not the creation of one man or of one day but is the cumulative fruit of the endeavor, experience, thoughtful planning and patient labour of a large number of people through generations. With the coming of the British to India, the legal system of India changed from what it was in the Mughal period where mainly the Islamic law was followed. The legal system currently in India bears a very close resemblance to what the British left us with. As per the needs of the changing times changes ... Show more content on Helpwriting.net ... The establishment of this Court was a welcome as it was the first British Court in India consisting of lawyers, its jurisdiction was so wise that it covered all kinds of legal wrongs and that since all British subject came under its jurisdiction it ensured rule of law. . The Governor –General Lord Cornwallis (1786–1793) introduced changes in the judicial system in 1787, 1790, and 1793. He had thoroughly reorganized the civil and criminal judicial system in India in Bengal, Bihar, and Orissa. He for the first time introduced the principle of administration according to law. In 1787 he merged the revenue collection and power to try the revenue disputes in the same hands of the magistrate who formed the Mal Adalat. Appeals from the Mal Adalat had to go to the Governor General. 1. The Choultry Courts:– The Charters dated 31st December, 1600, 31st May 1609 and 4th February, 1622 granted powers to the East India Company to Chastise and correct all English persons committing any misdemeanour in the East Indias. As a result, the Choultry Court was formed from 1622 onwards.The Choultry Courts tried petty cases, Civil or Criminal. They remitted important cases, where English Subjects were involved, to England, while they persuaded the local Naik or the adigar (adhikari or elder of the village) to deal with cases in which Indians were the parties. The Governer sat at the ... Get more on HelpWriting.net ...
  • 79.
  • 80. Advantages And Disadvantages Of Shipping Insurance Shipping is an important sector of the Cyprus economy. Consequently, shipping finance is an essential part of the Cyprus shipping industry. International and national financial institutions may shape the development of the shipping industry in the island. Apart from banking and financial institutions, another important dimension that should be taken into account is the provision of high– quality legal services. Mortgages is an extensively popular tool for ensuring the repayment of a loan or any other financial obligation of a shipping company toward its creditors. The mortgage is created over a ship in favour of the creditors. Precisely the Cyprus Merchant Shipping Law No. 45/1963 (Registration of Ships, Sales and Mortgages) permits the creation of a mortgage over ... Show more content on Helpwriting.net ... A mortgagee has the right to sell the mortgaged ship. Nevertheless, if there are more than one mortgagees, he or she will need a court order. In the case of a forced sale through auction or other private agreements, then the mortgagee's right have priority in the distribution of income. Advantages of Cyprus Ship Mortgages: The Cyprus Mortgage System offers some considerable advantages, some of them are listed below: The details of all registered mortgages are securely filed. The bureaucratic procedures related to the registration, transfer and discharge of mortgages are not complicated and rather efficient. As it was mentioned above, the registration of a mortgage can be held in a Cyprus consul. In other words, the registration of a mortgage may take place abroad without unnecessary delays since the date of deposit of the mortgage to a Cyprus consul is considered to be the date of registration. In case, the ship is provisionally registered its status remains unaffected by its permanent ... Get more on HelpWriting.net ...