The courts play pivotal roles as far as justice is concerned in any given country. In addition to the implementation of law of the land, thy act as a link between the various arms of the government; hence the power balancing factor. Solving conflicts is one of the roles that have been solely accorded to courts. Among such conflicts is the interpretation of law, something that has become common in the modern society. In most civilized societies, law-making lies in the hands of parliament. However, sometimes parliament creates complex laws, and their meaning become a source of controversy because ...
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The judges mainly rely on a various principles when interpreting the acts of parliament. These rules include:
- The literal rule. - The golden rule. - The mischief rule.
The literal rule
It is the cardinal rule of construction (interpretation) of statutes. In this rule, words must be given their ordinary, literal, grammatical meaning. The literal rule is the first rule to be used in establishing the intention of the legislature. In many cases, the courts are normally required to interpret the meaning of a given piece of legislation to enable them apply facts to the cases that come before the judges. As such, the courts have continually developed a wide range of rules of interpretation to assist them ...
Definition of terms
Locality Rule- This is the law used to measure health care providers and their omissions or actions on the threshold of how other similar professional in the field practicing in the same community act under the same circumstance of the case. Standard of Care- This is the average degree of care, diligence and skill practiced by members of the in same profession, who are in the same locality in accordance with the current or modern state of medical and surgical science.
Medical customs-Procedures and methods used by physicians that are acknowledged and acceptable by members of the medical profession
Introduction The cardinal objective of health care laws is to safeguard patients from substandard medical treatment and care ...
Validity and Scope of Approximate Methods of Integration
Introduction Addition of discrete numbers is pretty straightforward; more than 80% of the human population can make mental calculations instantly. So when integration was introduced as a kind of addition in a continuous domain, I was not very worried. However, it didn’t take me long to realize that understanding integration is more than solving a bunch of problems using well defined techniques. So in my pursuit to understand the topic well, I decided to research upon how some of these techniques (Trapezium Rule and Simpson’s Rule) came about, how they work, and what they really mean. With ...
The step-wise process by which the “infield fly rule” evolved
The origin of infield fly rule cannot be separated from the origin of baseball. The first organized game of baseball was played in1845 by Knickerbocker Base Ball Club from New York. The rules at the time allowed the game to be played by gentlemen i.e. rich men only. The objective of playing the game was not to win but to exercise. The initial attitude of the game resembled that of British cricket spirit. This attitude could not overcome the challenges of the unwilling soil of New York. Baseball grew in reaps and bound in the years that followed its ...
The overall goal of a democratic government is to ensure that the greatest number of people within said democracy are represented - that their desires and needs are met to their satisfaction. As such, the idea of a 'majority rule' is thought to be the defining component of the concept of a democracy1. According to Follesdal, "The contractualist case for majoritarian mechanisms in general is that such mechanisms secure the relevant interests of affected parties from standard harms to an acceptable extent"2. However, does the concept of 'majority rule' really function to serve the best interests in a ...
The Exclusionary Rule is one of the more important rules that is utilized in the American judicial system. The entire American judicial system is designed to protect the individual's rights from the government, and to limit the amount of power that the federal and state governments have over the citizenry. In criminal trials, the individual is considered innocent by the government until proven guilty; this is to protect the individual citizen against unfair or untrue allegations, and to ensure that all citizens receive a fair trial when they are accused of criminal activity. The exclusionary rule or the exclusionary ...
The Exclusionary Rule
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment of the U.S. Constitution
The Exclusionary Rule
The United States Supreme Court has interpreted the 4th Amendment to require that law enforcement officers obtain a warrant prior to search, and that said warrant satisfy two conditions (1) probable cause, and (2) particularity. Under the Exclusionary ...
Dicey was an incredibly important figure in the development of the Rule of Law in contemporary Britain. The Rule of Law, in a modern context, has been developed through many different societies; however, the liberal understanding of the role of government and law in British society today is very much the result of Dicey’s philosophical input. Dicey suggested that individuals cannot be punished in any way unless they have committed some sort of transgression against a law that has been established by the rightful government and Courts in the realm. Dicey also suggested that an important characteristic of ...
Abstract
Cheating is malum in se, a proper understanding of precision with a strong moral pejorative linguistically as cheating bring about. Cheating involves rule breaking; however, not all rule breaking is cheating. Green provided four formal elements existed to ensure not to judge whether cheating happened. First, the rule is fair and enforced. Second, rule breaking takes place in rule-governed activity. Third, the rule breaker intends to break rules. Fourth, the rule breaker intends to gain advantages. Some exceptions have its own policy in the rules; the classification does not mean that it is a rule breaker. The moral weight ...
When studying philosophy and political science in general, the names of Plato and Aristotle are often mentioned as the most prominent minds and the starters of many philosophical and political doctrines. Both philosophers were concerned with the nature of the State, or the polis, the forms it could take and which one of them could be considered as the best possible regime a society could give itself. According to Bertrand Russell, Aristotelism gave the foundations to forms of government based on reason, while Platonism gave foot to idealism and the establishment of mysticism as a way to control societies . ...
The government of the United Kingdom is composed of three branches. The three branches are the executive, the legislature and the judiciary. The nexus of these three branches of government lies in their positions vis a vis the law. The legislature is tasked with formulating the laws, the executive with executing the law and the judiciary with the task of interpreting the law. This submission will be seeking to dwell on the Judiciary’s function of interpreting the law. The submission will be specifically focusing on the various approaches, rules and other assistance which members of the judiciary use ...
Introduction
Security and privacy issues in hospital information systems play a fundamental role in the adoption of the systems. A Hospital Management system can only be adopted if proper security is ensured to protect the patients and the information that is found in their records.
HIPAA STANDARDS
The Health Insurance Portability and Accountability Act (HIPAA) were enacted by the US congress in 1996. It protects the Health Insurance coverage for workers and their families when they change or lose their jobs. It established new standards ...
Bangladesh
- GDP per Capita = $2100 Real GDP growth rate = 6.1% Population growth rate = 1.59% - Growth rate in real GDP per capita = Real GDP growth rate – Population growth rate Growth rate Real GDP = 6.1%-1.59% = 4.51% - Use the 70 Rule (70/4.51)% = 15.5years
Brazil
- GDP per Capita = $12, 100 Real GDP growth rate = 0.9% Population growth rate = 0.83% - Growth rate in real GDP per capita = Real GDP growth rate – Population growth rate Growth rate Real GDP =0.9%-0.83% =0.07% - Use the 70 Rule (70/0.83)% = 84.3 years
China
- GDP per Capita = $9,300 Real GDP growth rate = 7.8% ...
Group Number:
TA’s Name: ABSTRACT This laboratory report examines a two-part experiment carried. The first experiment was carried out to test both the Kirchhoff’s loop and junction rule. The results of the experiment have been presented in the report. Using the results collected the loop and junction. The second part of the experiment involved determining the Kirchhoff’s loop and junction rule. The maximum power transfer equation has been derived in the report.
Objectives
The object of the experiment is to test both the Kirchhoff’s loop and junction rule. The experiment was also aimed at determining how maximum power ...
Law and social theory
Sociology has been linked with the way people live their daily lives. Many scholars have tried to explain the relationship between law and social theory. The most widely known scholars or sociologist who attempted to create a relationship between law and social theory would be. Marx who came with what has commonly come to be referred to Marxism and then mark weber who was a well-known sociologist. Their works had similarities and differences, but their aim in trying to figure out the relationship between law and social relations was similar.Max weber Conferring to weber work in his book economy ...
Law
The Fourth Amendment guarantees the right of every person to be free from unreasonable searches and seizures, but it does not specifically provide a remedy in the event that a constitutional violation shall take place. According to Samaha (2011), no person shall have a constitutional right in exclusionary rule or defense of entrapment. The judge established a doctrine called the “exclusionary rule” which provides that any evidence that was obtained during the search or seizure that violated the defendant’s constitutional rights shall not be allowed to be introduced by the prosecution for purpose of presenting as evidence to ...
Knarles and Barkley Case Study
Liabilities under Contract Law Chetum vs Knarles & Barkley Fact: Knarles wants to repudiate a contract between Chetum and Barkley.
Issue: Breach of contract. Chetum entered into a contract with Barkley that Knarles, Barkley’s father and business partner, refuses to accept. Does Knarles repudiation of the contract constitute a breach of contract?
Rule of Law: A contract must have the following elements in order to be enforceable: (1) mutual consent, manifested by offer and acceptance, (2) consideration, (3) legality of object, and (4) capable parties (Calamari and Perillo, 1998). Application: Barkley sent a contract (offer), which Chetum signed (acceptance), ...
Introduction
Before the establishment of the M’Naghten rule, it was not clear whether or not an insane individual could be judged as being guilty if the individual was accused of any criminal offence. The M'Naghten Rule refers to a rule that was established in 1843 in a case that involved Daniel M’Naghten and the then England Prime minister Sir Robert Peel, (Goldstein, 1980). The rule can be said to be test for criminal insanity. It is important to note that as per this rule on the basis of insanity reasons, the defendant cannot be judged as being ...
The Middle East experienced various issues concerning feminism, poverty and colonial rule especially in the period of the European invasion and control. During the colonial invasion, Syria remained under French rule while Egypt fell under British rule. The history of the two colonies experienced different events through both the colonial and the post-colonial periods. Harem Years by Huda Shaarawi and Fragments of Memory by Hanna Mina explore various issues that characterized the Syrians and Egyptians during this period. One of the stories occurs in Egypt while the other occurs in Syria. Harem Years describe the lives of the people ...
Introduction
An independent agency is formed to cater for functions that are not handled by the federal executive departments. In this regard, an independent agency is outside the direct influence of the president. The passing of law by the congress facilitates the creation of independent federal agency and lays down the structure under which the agency it proposes to create will operate. The agency has the ability to draft rules concerning the specific task it covers, which have the support of the constitution. Collegiate bodies such as a board or commission handle the running of independent agencies. The president with ...
According to Xenophon in his book The Education of Cyrus, "It is easier, given his nature, for a human being to rule all the other kinds of animals than to rule human beings" (p. 22). This quote sums up perfectly the difficulties of rule; one's followers, unlike animals, have the ability to revolt and to disagree with the way a ruler runs things. How can this go right and go wrong? Xerophon's philosophy of stable political rule is shown through the actions and attitudes of three rules in The Education of Cyrus: Cyrus himself, his foolish uncle Cyaxares, and ...
Rule discovery
Every database administrator needs to uncover new information concerning the data relations and database relations. Rule discovery therefore is the name given to this process. Rule discovery is defined as the search for patterns, regularities and correlations in the target database by utilizing every available information source (Shneiderman, & Goodman, 2006). By the realization of these relations and regularities, application of optimization queries becomes much easier in the process. A clear and a better outcome will be realized as compared to a situation where the knowledge of the rules in question is not known.
In the past, researchers ...
Statutory interpretation is the process by which courts and judges give meaning to enacted legislation and consequently apply it to a particular case. In the English as well as the Wales legal system, the doctrine of separation of powers prevails whereby Parliament is the supreme law maker. The Executive is charged with the responsibility of implementing the legislation as passed by Parliament while the Judiciary is the final arbiter which interprets legislation as enacted by Parliament. Thus, in tandem with the doctrine of separation of powers, the courts must keep within their ambit and ensure they do not arrogate ...
Question 1
Various factors contributed to the creation of communism in China. These factors include: Confucian culture Confucian culture is a key aspect of the Chinese society as it has played a significant role in the making of a communist culture. In the traditional Chinese society, Confucianism was the governing dogma of the ruling elite. The ideology first came into existence after 200 BCE and remained the country’s orthodox ideal for almost 2000 years. Even though, the introduction of communism resulted in numerous changes in various aspects of the Chinese society, Confucian elements still influence China’s political society. Ritual ...
The topic on exclusionary rule has generated an immense debate, pitting two sides; those supporting its ban and those opposed to its ban. Nevertheless, there are different reasons that justify the need to uphold this rule. Above all, the exclusionary rule should not be abolished because it gives the courts powers to ban the bringing in of evidence obtained illegally. Precisely, this rule limits introduction of incriminating or non-incriminatory evidence acquired using fraudulent methods. Therefore, the existence if the exclusionary rule ensures that ethics are upheld in the courts and the criminal justice system at large. Speaking of fraudulent ...
Under what conditions may it be acceptable to abbreviate a CSR?
An abbreviation of a clinical study report is accepted when; the policy of the authority accepts abbreviation, in cases where some data was lost and where the study involved does not seek to clarify a phenomenon.
Where in the CSR should a sample of the ICF be placed?
At the beginning of the study report. What information should be included in the “Investigational Plan”? This part contains information on how the study will be carried out. This information include what population is to be studied and the criteria of choosing a sample is specified. This section also specifies the treatments under study and the way they are given. Diagrams are ...
The American laws are considered to be one of the most powerful laws when compared to the laws of the other countries. Rules and regulations in this country are amended at a fast pace to avert any possible catastrophe. A rule is always written viewing its effect in the upcoming days where it can be applied generally. The rules are not solely created by the elected congress personnel, but by the administrative agencies who appoint an official. All the amended rules are contributed by the authority from the parliament. I understand that a rule has been accepted wherein the ...
Introduction
Sudden death in football is a scenario whereby there is a tie in the final score at fulltime, the teams then go ahead and plays in the overtime where the first team to score first team to score wins the game. This rule has been applied in football for many years. However, in the recent past, the rule has been a subject of debate in the world. This rule has been disputed by many people who have various arguments about the rule. It has sparked a heated debate with the majority of people arguing that it is unfair. The ...
Part 1
Ethic in business is a crucial thing. In these paper Halliburton company is said to have been involved in corruption scandals shall be evaluated. At the same time the Wal-Mart company that has been exploiting people shall be evaluated from different perspectives as outlined.
Utilitarianism takes two dimensions, the act utilitarianism and the rule utilitarianism. The act utilitarianism has it that consequences of a single act be measured depending on how right or wrong the course of action was. The basic rule in this case is exercising the probable benefit. In this case the point ...
Introduction
The passage from the Republic by Plato is prone to different interpretations. To gain full comprehension of the passage the reader is obliged to delve deep into the platonic debate between Socrates and Glaucon. The trajectory of the argument according to Plato, was that democracies are governments ran by fools. The principal argument in the discussion was that democracies elect courses of action without a coherent understanding of the matter they are handling. The overriding argument was that only those who are fully experienced in statecraft should be allowed to rule. ‘Socrates argued that the cobbler and the medical ...
“Name”
“Instructor name’ ‘Institutional Affiliation” Imperialism is a subject which draws very strong opinions and emotions from historians and it offers a lot of scope for arguments and discussions. Today’s generation view imperialism to be inhumane and an arrogant activity undertaken by a strong nation to exploit the people and resources of a weaker nation. This is mostly true because the conquering European powers did utilize the mining and agricultural potentials of the African and Asian nations, to benefit the economy of their homeland rather than for the welfare of the countries they occupied. But one should not forget ...
Abstract
In the framework of the modern merge between philosophy and economic theory, two opposite theories of socio-economic development of human civilization are of specific interest. The first concept theory is Mill’s perception of the liberalism and its further contribution to formation of free market system. The second one is classical Marx’s theory of socialism, which should save humanity from social stratification and anarchy of the free market. In order to understand the correlation between those two concepts and realize what might be wrong about liberty, Mill’s work “On Liberty” will be analyzed from the perspective of ...
Judicial Independence
The concept of judicial independence is recognized by almost all constitutions of the world and the basic reason behind judicial independence is to keep the judiciary liberated from every kind of influences by executive, legislative or any other force. The Chief Justice of Canada in a recent judgment explained the importance of judicial independence:"Judicial independence is valued, because it serves important societal goals - it is a means to secure those goals. One of these goals is the maintenance of public confidence in the impartiality of the judiciary, which is essential to the effectiveness of the court system. ...
Introduction
Double jeopardy also referred to as non bis in idem is a rule that prohibits prosecution of an individual for a second time. The rule dictates that fugitives acquitted or convicted for same offenses should not be put under prosecution for the second time (Gracia, 15). However, it is important to note that different sovereigns hold differing stand points on prosecution of individuals for second time. As an example, United States of America and Jamaica are two countries that prohibit double jeopardy. Particularly, double jeopardy is prohibited by the 5th Amendment of the United States constitution ( ...
The exclusionary rule was established by the Supreme Court in the holding in Weeks. United States. It was intended to reinforce the Constitutional Forth Amendment provision that guaranteed privacy rights. Its principle is to the effect that violation of procedural safeguards excluded evidence so gathered from the trial process.
However, the rule is not cast on stone and should be applied with exception, case in point the good faith exception. It is my contention that in the case of United States vs. Leon, the majority had a stronger argument. Reading the holding one appreciates the wisdom in the ...
Foreword
The Republic of Turkey has gone through tremendous changes in the economic, political and social fields during the last decades. These were brought about by the ruling Justice and Development Party, or Adalet ve Kalkinma Partisi or AKP as it is commonly referred ever since it came to power in 2002. A market-oriented party having ideological roots in the Turkish Islamist movement, AKP commands strong political following in the intense religious and conservative middle class of Turkey. The paper highlights women identity, their lives and perceptions under AKP government in Turkey today.
Sweeping Changes under AKP Rule in Turkey
Ever since AKP came to power in ...
Profitability ratios
Gross profit margin =Gross profit/Net sales The formulae used in the calculations are listed in the appendix. ("Growth, Profitability, and Financial Ratios for Myer Holdings Ltd (MYR) from Morningstar.com," n.d.)
Commentary
- Profitability
Generally, profitability ratios give someone an idea on how the company is utilizing resources to make the profit.
Myer has a lower gross profit margin compared to David Jones. The gross profit, net profit margins for Myer decline over the two-year period, 2012 and 2013. During the same time, David Jones improves marginally on the margins. This is an indication of changing fortunes in the industry, where one company gains as the other declines. The two companies have a similar tax environment as tax expense ...
The proposed rule in USA Federal Register was published on 16th January 2013. The proposed rule seeks to revise the current manufacturing, processing and packing regulations. This rule seeks to introduce more preventive measures in accordance with the Food Safety Modernization Act (FSMA). These new laws were proposed to strengthen the regulations required for registration of food facilities with the Food and Drug Administration (FDA). These measures if taken will help improve food safety plans and the identification of hazards facing these processes and mitigation of the identified hazards. The rule will further ensure only the best and legal ...
Since ancient times, philosophers have been elaborating on the visions and ideas that can help individuals to make decisions in complicated life situations. Ethical philosophy is different from variety of other sciences and branches of philosophy, because it is more normative or prescriptive, rather than aimed at describing and explaining particular phenomena, encountered by individuals (Icheku 21-22). In other words, ethical philosophy is aimed at find out how one is ought to act, while other sciences tend to observe natural and societal phenomena. Making an ethical decision requires usage of one of the ethical decision-making frameworks. Among most famous ...
After reading the book, “Brain Rules by John Medina, I discovered that it connects with my interest in behavioral research. I found myself reading the book repeatedly. The reasons that made the book even more appealing to me is the fact that the more I read the book and sat down to write review about it, I found myself writing on how to apply the information I gathered from the book in my own life as well as assist other people with these information. The author has broken down complex neuroscience into easily understandable rules on how the human ...
Qin Shi Huangdi: Was he a good or bad ruler?
Out of the several Empires that had led China into its greatness in the 21st century, the Qin Empire (221-206 B.C.E) is regarded as one of its most successful eras as it had paved the way to the construction of a more organized China. Under the leadership of Qin Shi Huangdi, the Chinese had both welcomed change and uniformity as he led the Qin Empire to greatness which is still visible in modern China. However, questions and arguments persist regarding Shi Huangdi’s leadership as he had also ushered the end of the various schools of thought throughout China ...
Introduction
The American democracy stands out as one of the most stable and effective democracies. Since the declaration of Independence by the founding fathers, America has undergone tremendous changes that have seen it through progress. The process has been evolutionary and painful, often buoyed with bloodshed, wars and unending quests for justice. It is this paper’s contention that the democracy of America was influenced by four main theorists whose works continues to determine governance and the system of government. The theorists include Thomas Hobbes, John Locke, Baron Montesquieu and A.V. Dicey. This paper would canvass their theories, how they ...
Introduction
American history shows that people are unique and live together by the rule of law. As historical facts suggest, America's success as a democracy is due to its successful implementation of the rule of law. The rule of law is put into place as 'The US Constitution Bill' by the Founding Fathers of America. After the signing of 'The US Constitution' in 1787, the original law comprised of seven articles. Finally, a collection of ten amendments was made to 'The US Constitution' and signed in 1789 by our Founding Fathers who are known as 'Bill of Rights'. In this ...
Introduction
In the history of Belgium, Leopold was the second king who is best remembered for his role in exploiting the Free State of Congo. He was born in Brussels and in 1865, he rose to the throne after succeeding his father. He went on to rule for 44 years, longer than any other Belgian monarch. During his time, Leopold was the sole owner and the founder of the Congo Free State. He privately undertook this project. Helped by Henry Morton Stanley (explorer), he successfully laid a claim to Congo. In a Berlin Conference held in 1884, European colonial nations ...
Forensic Evidence 1: Kumho Tire Co. V. Carmichael, 526 U.S. 137 (1999)Facts Patrick Carmichael was driving his minivan on July 6, 1993 when its right rare tire burst was causing the van to turn over. As a result, one passenger died, and several others sustained injuries. Carmichael, enjoined by the survivors and the deceased’s representatives, instituted an action against the tire manufacturer and distributor. They claimed that the accident was caused by a fault in the tire. The claimant’s case by and large relied on the expert opinion of a tire failure analyst. According to the ...
Impermissible and Unwanted solicitation of professional employment
Re: Illegal/Unethical Solicitation of Professional Employment Using Third Parties ISSUES - Is it legal to personally (or by use a third parties) to “chase ambulances”? - Is it legal/ethical to pay compensation to parties recommending an attorney’s services to potential clients? - Are there any circumstances under which Betty’s husband may legally/ethically give out Adam’s business cards within the course of his employment? answers - No, any communication transmitted at the scene of an accident, or at, or en route to a treatment or care facility (hospital, emergency or other health care facility) is illegal ...
Nationalism is a socio-political philosophy whereby the nation’s or state’s welfare as an entity is regarded paramount.It is essentially a collective consciousness or mind state in which people have the belief that their primary loyalty and duty is to the state. In most cases, nationalism glorifies different virtues of the nation as well as implying superiority of the nation. In nationalism, the love for the nation is likely to be overemphasized. Though a recent move that probably started during the French Revolution, nationalism has been instrumental in the formation of the bonds that keep modern states intact. ...
CULTURAL POLITICS
V92CUP The Contestation of Power within Modern Day Belly Dance: A Cultural Politics Approach Introduction The origins and purpose of belly dance have no clear historical background. However, it has a very strong root from the Middle East and has spread into the Western world today. More and more women are getting involved in this dance as they try to embrace their feminine essence. Unfortunately, due to its historical background, belly dance has a negative connotation to it because of the erotic attachment behind its dance movement. Despite the said fact, men and even women would still spend money ...
Introduction to Criminal Justice System essay
Introduction to Criminal Justice System essay
Every democracy the world over prides in respect for the rule of law. The phrase “Rule of Law” encompasses three vital elements that are essential for the proper functioning of a democratic government. The phrase was popularized by a distinguished English jurist, A.V. Dicey who argued for a government that had respect for the rule of law. However, the phrase owes it origins to Greek where Aristotle said that the law should govern and that the rule of law is better than the rule of man. It is in recognition of the tendency ...
Introduction
The law of contract that establishes the operating provisions of a contract is a facilitative law rather than a mandatory law. In that vein, contracts are entered into by parties through mutual agreement and consent. The parties are given the opportunity to set their own conditions and terms and reach an agreement that is binding and enforceable by a court of competent jurisdiction.
Objectives of this research
The objectives of this research are to: - Examine elements of a valid contract. - Provide a comprehensive and critical examination of some of the cases already head in the Supreme Court and which are related ...
Lab Report (Kirchhoff’s Laws)
Introduction This lab experiment was intended to learn and apply Kirchhoff’s Rules in calculating the current and voltages in a circuit. To achieve this, a circuit is built consisting of resistors that are in parallel and series which will aid to test the different aspects of Kirchhoff’s Rule.
The simplest circuit is that which can be reduced to an equivalent circuit having a single resistance
and a single voltage source. Many circuits are not simple and require the use of Kirchhoff’s
Laws to determine voltage, current, or resistance.
Objectives: forecast by Kirchhoff’s Laws.
Theory:
A junction is a point in a circuit where more than three wires join or where a current gets divided. A loop is a path which ...
Philip V. Moore
The exclusionary rule, which forbids the use of illegal obtained evidence in trial, has always been a controversial element of the American criminal justice system. Although it is not considered an individual right, the Supreme Court has held that it is a useful tool to deter against the violation of a person’s constitutional rights. In fact, one of the fundamental reasons that the Supreme Court, in Mapp v. Ohio, made for the use of the exclusionary rule was the benefit they saw in deterring police from violating the Fourth Amendments rights of the people against unreasonable searches and ...
In the present case, Capability Ltd has given a document which was titled as ‘Memorandum of Terms’ and at the back of this document; two clauses have been inserted by a rubber stamp. Therefore the first clause states that the company is not responsible for any personal injury that may be suffered by the customer by performing the contract. In the same way, according to the second clause, the liability of the company for any damage that may be suffered by the home of the customer is limited to the sum of 500 pounds and at the same time ...
Or Should They Be Able To Play Straight Out Of High School?
According to NBA Media Ventures, LLC, “The National Basketball Association, the Women’s National Basketball Association, and the NBA Development League” all makeup the global sports and business, known as the NBA. The NBA has become the world’s favorite sporting entertainment and one of the most worthwhile professional team sporting association in the world. The NBA and WNBA have been able to use its combination of competition, sportsmanship, and entertainment to have a unique global impact on social change, self-achievement, and diversity in various aspects of society such as work, sports and school. On the other end of ...
Explain the Sacred Origin of Rule of Law
The rule of law has several origins including political, religious and even cultural origins. Sacred denotes association with holiness. It is the state perceived to be associated with divinity. Many religions across the globe have the rules governing their conducts. These rules and laws have their origins. In this paper we discuss the various origins of the religious laws. Laws, in almost, if not all cultures are religious or sacred in origin. This is because it is law that governs society and man. Because it declares and establishes the meaning of righteousness and justice, law is unavoidably sacred, in ...
- Acknowledgements This paper acknowledges the efforts made by all the participants who took part in the research, compiling and eventual write-up of the final draft. My research assistant, the instructor and all other classmates had a role to play in this report. Without them, it would not have been finalized in time. - Introduction This paper will discuss three types of democracies in relation to their applicability to a low income country. A low income country is characterized by poor economic development, infringement of workers’ rights and extreme levels of poverty. The first democracy that the paper will ...
The ‘Vasco Da Gama Epoch’ represents the move by Vasco Da Gama that made most of the European countries believe that he had discovered Asia. The Vasco Da Gama Epoch led to the European dominance in Asia and consequently the colonization in many parts of the continent. However, with time, many of the colonies started leaving the continent but the British rule in India encouraged the continuation of European dominance (Darwin 451). However, the end of British rule meant European dominance would soon end due to a number of reasons. This paper analyzes Charles Darwing’s claim that “The ...
Hamilton’s rule states that social behavior of organisms is supported by natural selection but only if rb-c>0, where r represents the genetic relatedness between actors and beneficiaries, b denotes the benefit that the social behavior confers on the beneficiary, and c is the cost that the social behavior imposes on the actor (Alonso, 2002). It is important to note that the rule suggests that the cost will most certainly diminish the appropriateness of the agent and on the other hand that the benefits will increase the suitability of the agent. Although this is the case, the rule ...
Factual Background
The Respondent in this matter, Abel and his friends were indicted with bank robbery in the District Court, with his cohorts pleading guilty to the charge as framed. The respondent however, denied the offence and the matter went for trial whereby one of the cohorts named Ehle agreed to testify against him. The respondent then made known to the court of his intention to discredit the testimony by Ehle by calling a witness named Mills who would testify to the effect that Ehle had admitted to him that he intended to implicate the respondent so as to obtain favorable ...