... IN T R O D U C TI O N This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It will give you an overview of the process by which Acts of Parliament come into existence as well as introducing you to European Union legislation and the European Convention on Human Rights, both of which have an influence on the law in the UK. You will also gain an understanding of the criminal courts in which cases are heard and the systems of law reporting which allow access to the judgments of those courts. As well as exploring the sources of law, this chapter will show you how to find legislation and case law using a variety of online resources. Finally, the chapter will give a brief introduction to finding the criminal law of overseas jurisdictions. An understanding of the criminal law is important to the study of criminology as it is the criminal law that defines certain forms of conduct as criminal. This criminal law can be contained in both statute law and case law, so it is essential that you understand the origins of both and the ways in which they interrelate. You should see that the criminal law is constantly changing and evolving in response to social, political, and technological influences which manifest themselves in new statutes or judicial interpretation of existing law. If you are studying criminology as an option on a law degree, then the content of this chapter should already be familiar to you...
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...Unit 2 Readings Key Terms * Federalist Papers * John Locke * Authoritarianism * The Two Treatises Of Government * The Social Contract Theory * Thomas Hobbes * Nominalism * Materialism * Method Reading Summary or Overview The Federalist Papers were written and published in New York state newspapers between 1787 and 1788. Its purpose was to convince New Yorkers to ratify the proposed Constitution. The authors of The Federalist or The Federalist Papers were among the "founding fathers" of the United States of America. This term is used to refer to the men whose actions were responsible for creating the United States of America and the United States Constitution. View this introductory presentation on the authors of The Federalist Papers. Then, read the internet resources on The Federalist Papers. Internet Resources KAPLAN LIBRARY The "KU Online Library" link is on the left Navigation area of your course Home Page once you log in. You will be able to locate the articles below by placing the title of the article into the search engine. For any Supreme Court cases or other legal cases, once you go into the Kaplan Library, on the right side of the page you will see “databases.” Once in “databases” scroll down to “Westlaw Campus Research” and there you will be able to access the full text of court opinions, statutes, and regulations from state and federal governments. The Federalist Papers Jay, J., Goldman, L., Hamilton, A., & Madison,...
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...The Roles and Functions of Law Cathi Stark LAW/421 December 23, 2013 John Koenig The Roles and Functions of Law The purpose of this paper is to inform about the roles and functions of the law. It will also show and define the function and roles of law as they apply to business and society. There will also be examples from real life experiences of the writer, myself. This week in class we were instructed to review the Commerce Powers from chapter two in our text book. There was a case review within the chapter that specifically outlines some of the roles and functions of the law. This case, Cipollone v. Liggett Group, Inc., et al., 505 U.S. 504 (1992), will be referenced through this paper. The basic function and roles of the law in business and society is for the benefits of the people and the protection of their rights. Laws are created to ensure we are safe and protected in all aspects of our lives, both personal and professional. In business, laws are designed to regulate activity at the local, state and federal levels. In case of Cipollone v. Liggett there is discussion of statute and enactment of laws. This case is based on a suit that Cipollone took against the cigarette manufactures, Liggett for the death of his mother. The study states that “Congress chose specifically to regulate a certain type of advertising (tobacco), federal law is supreme to any state law that attempts to regulate that same category of advertising.” (Melvin, 2011, p. 33) The Constitution...
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...UNIT 1 Answer Key CHAPTER 1 CHAPTER 1 Section 1 Prereading and Vocabulary 2 Reading Comprehension 3 1. 2. 3. 4. 5. 6. oligarchy citizen democracy constitution state two basic levels; certain decisions; only the federal government; each of the states Federalism is a system of government in which power is divided between a central government and several regional, or state, governments. 1. Population; the people who live within the boundaries of the state 2. Territory; land with known and recognized boundaries 3. Sovereignty; the supreme and absolute power within a state’s territory to decide its own foreign and domestic policies 4. Government; the institution through which society makes and enforces public policies 5. Force theory; the state was born of force, when one person or a small group gained control over people in an area and forced them to submit to that person’s or group’s rule. 6. Evolutionary theory; the state evolved from early families that united to form clans. Later, clans united to form tribes. As tribes settled into agricultural groups over time, they formed states. 7. Divine right theory; God created the state and gave a chosen few the right to rule. 8. Social contract theory; people voluntarily agreed to create a state and give to the government just enough power to promote the safety and well-being of all. Government exists to serve the will of the people, and the people are the sole source of political...
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... Multiple Choice 5 1 Grade Details - All Questions Question 1. Question : (TCOs 2 and 3) In Chapter 1, we learned how to recognize the main issue in a passage. Consider the following example: “The point is that you have to believe what we experience through our senses because our senses are the only tools we have for interacting with the world.” The main issue is whether or not Question 2. Question : (TCOs 2 and 3) In Chapter 1, we learned how to recognize the main issue in a passage. Consider the following example: “If you're going to buy a computer, you might as well sign up for some lessons on how to use the thing too. After all, no computer ever did any work for its owner until the owner found out how to make it work.” The main issue is whether or not Question 3. Question : (TCOs 1 and 2) In Chapter 1, we learned how to recognize the main issue in a passage. Consider the following example: “Most people you find on university faculties are people who are interested in ideas. And the most interesting ideas are usually new ideas. So, most people you find on university faculties are interested in new ideas. Therefore, you are not going to find many conservatives on university faculties, because conservatives are not usually interested in new ideas.” The main issue is whether or not Question 4. Question : (TCOs 1 and 2) In Chapter 1, we learned how to recognize the main issue in a passage. Consider the following example: “The winner...
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...Warriors Don’t Cry: Notes, Summaries, and Other Information Key Facts full title · Warriors Don’t Cry: A Searing Memoir of the Battle to Integrate Little Rock’s Central High author · Melba Patillo Beals type of work · Memoir genre · Nonfiction, memoir, biography language · English time and place written · 1990s, The United States date of first publication · 1994 publisher · Pocket Books narrator · Melba Patillo Beals point of view · The book is the story of Melba’s teenage life, and the adult writer, Melba, is both the narrator and the protagonist. Melba tells the story from the first person point of view. tone · Restrained anger tense · Past setting (time) · Early 1950s setting (place) · Little Rock, Arkansas protagonist · Melba Patillo major conflicts · The attempt made by Melba and eight other African-American students to integrate into Little Rock High School rising action · The Supreme Court rules in Brown v. the Board of Education that separate schools are not equal; Melba volunteers to go to the all-white Central High School; Melba and eight other African-American students enter Central High. climax · Ernie becomes the first black student to graduate from Central High School. falling action · Unable to return for a second year at Central High School, Melba moves to California and lives with a white family; she becomes a journalist and reports on injustices around the world. themes · The shifting of power through...
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...| Week 2: Administrative Regulations - Assignments | | | | Help | | | | | | Print Assignments | Reading: Chapter 5: Business and the Constitution Chapter 6: Administrative Law Chapter 7: International Law (pp. 221-238) Assignment:Pick an administrative agency of either the Federal or a State government. Find where the current and proposed regulation changes for that agency are located on the internet. (i.e. the Federal Register or the State Administrative Agency website.) Regulations.gov is a good place to begin your research. Pick one proposed regulation change currently under consideration (if you find one which has already closed out, but interests you, you can use that, instead) and write the following regarding it:1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points)2. Describe the proposal/change. (10 points)3. Write the public comment which you would submit to this proposal...
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...| | | THE ARMY ACT, 1952 (ACT NO. XXXIX OF 1952) | | | [13th May, 1952] | | | | | | | | | An Act to consolidate and amend the law relating to the Bangladesh Army. 1 2 3 | | | WHEREAS it is expedient to consolidate and amend the law relating to the Bangladesh Army; It is hereby enacted as follows:- | | | | | | | CHAPTER I PRELIMINARY | | | | | | | Short title and commencement | | 1. (1) This Act may be called the 4[ * * *] Army Act, 1952. (2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf. | | | | | | | | | | | | | | Persons subject to the Act | | 2. (1) The following persons shall be subject to this Act, namely:- (a) officers 5[ and junior commissioned officers] of the Bangladesh Army; (b) persons enrolled under the 6[ * * *] Army Act, 1911, before the date notified in pursuance of sub-section (2) of section 1, and serving with the Bangladesh Army immediately before that date, and persons enrolled under this Act; 7[ (bb) persons subject to the Navy Ordinance, 1961, or the Air Force Act, 1953, when seconded for service with the Bangladesh Army, to such extent and subject to such regulations as the Government may direct;] (c) persons not otherwise subject to this Act, who, on active service, in camp, on the march, or at any frontier post specified by the Government...
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...Civil Procedure Outline Chapter 1: An Introduction to American Courts Chapter 2: A Description of the Litigation Process and Sources of Procedural Law Chapter 3: Diversity Jurisdiction in the Federal Courts I. Introduction: II. State Citizenship of Individuals: The Domicile Test 1. Common Law concept of Domicile: a. Residence with the intent to remain “indefinitely.” b. Has been used for several purposes. For example: to determine the power to exercise personal jurisdiction over a person, to grant a divorce, to impose a tax or to determine the persons entitled to inherit property. 2. Losing and gaining a domicile: a person does not lose her old domicile until she acquires a new one, that is, until she hoes to another state wit the intent to reside indefinitely in the new state. (Examples on pg 45-46). 3. Meaning of “indefinite intent: often, courts state that it is enough that the party “intends to make the new state his home and that he has no present intention of going elsewhere [to live].” 4. Alternative formulation of the domicile test: to establish a domicile of choice a person generally must be physically present at the location and intend to make that place his home “for the time at least.” 5. The date for determining diversity: parties must be diverse on the day the complaint is filed, even if the parties were not diverse at the time of the events giving rise to the claim. ...
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...IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE: : CASE NO. 04-60600 : ROY JESSE LISATH, : CHAPTER 7 STEPHANIE MYLO LISATH, : : JUDGE HOFFMAN Debtors. : : SSN: (LAST FOUR DIGITS ONLY) 0486 : SSN: (LAST FOUR DIGITS ONLY) 9643 : ------------------------------------------------------------------------------------------------------ RODELL RAHMAAN, : Adv. Pro. No. 05-02049 Plaintiff, : vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter “Rahmaan”), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter “Lisath”), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al., designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U.S.C. §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by...
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...Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled from her birth canal but before the cord was severed (Johnson v. Florida, 602 So.2d 1288 (Sup.Ct. Fla. 1992)). • Which of the basic functions...
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...Part 1 Study of the Law in General Chapter 1 LEARNING OBJECTIVES After reading this chapter, the learner should be able to: 1. Differentiate between public and private law. 2. Compare and contrast contract and tort law. 3. Compose a scenario that illustrates the difference between the substantive and procedural aspects of criminal law. 4. Identify and explain the differences between various sources of law. 5. Describe the branches of government and their roles in creating, administering, and enforcing law. 6. Explain the process of how a bill becomes a law. 7. List and describe quasi-legal requirements to which health-care organizations are subject. KEY CONCEPTS Common law Conflict of laws Constitution Contract law Deeming authority Electronic case filing systems Felonies 2 Law Misdemeanors Ordinances Private law Procedural law Public law Res judicata Separation of powers Stare decisis Statutes Substantive law Tort law Words of authority Workings of the American Legal System INTRODUCTION As health care becomes more complex, the interplay between the law and health care increases. Government regulation of the health-care field continues almost without pause while lawsuits against health-care providers appear to increase. The interplay of these forces significantly affects the health information manager’s ability to manage patient-specific health information. Thus, the health information manager must possess a fundamental...
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...Copyright © 2013 by McGraw-Hill Education. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. ISBN: 978-0-07-180360-1 MHID: 0-07-180360-2 The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-180359-5, MHID: 0-07180359-9. E-book conversion by Codemantra Version 1.0 All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill Education eBooks are available at special quantity discounts to use as premiums and sales promotions or for use in corporate training programs. To contact a representative please visit the Contact Us page at www.mhprofessional.com. Trademarks: McGraw-Hill Education, the McGraw-Hill Education logo, 5 Steps to a 5 and related trade dress are trademarks or registered trademarks of McGraw-Hill Education and/or its affiliates in the United States and other countries and may not be used without written permission. All other trademarks are the property...
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...........................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint......................................................................................................................................12 Responses to the Complaint ................................................................................................................18 Motion Practice ....................................................................................................................................23 PART III DISCOVERY CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 11 CHAPTER 12 CHAPTER 13 CHAPTER...
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...Houston Community College Homework 1-5 Presented To: Lloyd W. Gaddis By Yushana Ford Government 2305 8:00A.M- 9:30A.M Mon/Wed 09/20/2015 Chapter 1: The More Things Change…The More They Stay the Same 1. Analyze current problems and issues in American Government by applying Historical perspectives: -History Repeats Itself +A new Communication medium paves the way to Electoral Victory- Meaning the internet and social media have revolutionized American politics. Campaign advertising is the use of an advertising campaign through the media to influence political debate and ultimately voters. Political advertising has changed drastically over the last several decades. Harry S. Truman was proud of his accomplishment of shaking approximately 500,000 hands but his accomplishment was soon pale compared to the next presidential election with the advent of television, war hero and presidential candidate D.W Eisenhower created commercials to get votes and so on and it different with different elections and different decades. +The Power of Incumbency- It is usually used in reference to elections where races can often be defined as being between an incumbent and non-incumbents. Incumbents have easier access to campaign finance and government resources that can be indirectly used to boost a campaign. Incumbency is any elected official who is already in office and seeking re-election. 2. Explain the Philosophical underpinnings of American Political System through...
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