...eliminated several common laws from Britain. The Constitution set up a three tier government: Legislative, Executive, and Judiciary. This document gave the Legislature the ability to write laws; the Executive Branch the task of enforcing the laws. The Judiciary branch or Supreme Court oversaw the legality of the laws and how they were to be administered. Even though with a Federal government making laws for the country, the states had the power to form their own governments, Constitutions, and laws. Many of the states developed or kept laws that were more along the lines of Common law. All the states except for Louisiana use common law. Louisiana uses French codes for their law (Lectric Law Library, 2012). Common law or that which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was later adopted in the U.S. that is based on precedent instead of statutory laws (Lectric Law Library, 2012). Common law is basically where there is no precedent to rule on and the judge makes his own laws to cover a case. Our laws of today are a hodgepodge of antiquated law, common law, and new laws....
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...Alexander, Margaret A. (1999). Sexual Offender Treatment Efficacy Revisited. Sexual Abuse: A Journal of Research and Treatment, 11 (2), 2, 101-116. Alexander Jr., Rudolph. (1993). The Civil Commitment of Sex Offenders in Light of Foucha v Louisiana. Criminal Justice and Behavior, 20 (4), 371-387. Annon, Jack S. (1996). Treatment Programs for Sex Offenders. American Journal of Forensic Psychology, 14 (2), 49-54. Cheit, Ross E. & Goldscmidt, Erica B. (1997). Symposium: The Treatment of Sex Offenders: Child Molesters in the Criminal Justice System: A Comprehensive Case-Flow Analysis of the Rhode Island Docket (1985-1993). New England Journal on Criminal and Civil Confinement, 23, 267. Colorado Department of Corrections. �State Sex Offender Treatment Programs: 50 � State Survey.� Online. August 2000. Available http://www.doc.state.co.us/admin_reg/PDFs/SO-report-send2.pdf Edwards, William & Hensley, Christopher. (2001). Restructuring Sex Offender Sentencing: A Therapeutic Jurisprudence Approach to the Criminal Justice Process. International Journal of Offender Therapy and Comparative Criminology, 45 (6), 646-662. Geer, Tracey M., Becker, Judith V., Gray, Steven R. & Krauss, Daniel. (2001). Predictors of Treatment Completion in a Correctional Sex Offender Treatment Program. International Journal of Offender Therapy and Comparative Criminology, 45 (3), 302-313. Hanson, R. K. (2002). Recidivism and Age Follow-Up Data From 4,673 Sexual Offenders...
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...When dealing with legal matters in the world there are some common terms that are often used; they are Common Law, Jurisdiction, Precedent, Statute, and Remedy. To help to understand legit legal issues better this paper will define and describe each of these frequently used terms. Common Law is defined as “that which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was later adopted in the U.S. that is based on precedent instead of statutory laws. (COMMON LAW)” The United States are a common law nation. In all states except Louisiana, which is based on the French civil code, the common law of England was embraced as the general law of the state, with the exception being that if a statute provides otherwise. Common law has no statutory foundation; judges create common law through written ideas that are become obligatory on future decisions of lower courts in the same jurisdiction. Jurisdiction is “a power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide causes according to law and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory and his power in relation to his territory is called his territorial jurisdiction. (JURISDICTION)” Every act of jurisdiction implemented by a judge without being in his or her territory, either by voicing their...
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...Discuss the differences between common law, and statutory law. Provide examples of each law. That which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was latter adopted in the U.S. that is based on precedent instead of statutory laws. Traditional law of an area or region; also known as case law. The law created by judges when deciding individual disputes or cases. The body of law which includes both the unwritten law of England and the statutes passed before the settlement of the United States. In Old England there were two types of Courts - law and equity. In the law court the Judge applied statutes. As time went on situations that were not covered by statutes were uncovered and Judges 'created' law, usually in equity. This is 'common law.' The U.S. is a common law country. In all states except Louisiana (which is based on the French civil code), the common law of England was adopted as the general law of the state, EXCEPT when a statute provides otherwise. Common law has no statutory basis; judges establish common law through written opinions that are binding on future decisions of lower courts in the same jurisdiction. Broad areas of the law, most notably relating to property, contracts and torts are traditionally part of the common law. These areas of the law are mostly within the jurisdiction of the states and thus state courts are the primary...
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...Chapter 01 Legal FoundationsChapter 01 Legal Foundations 1. Much of the origins of the law dealt with issues related to _______. ________________________________________ 2. When the United States Supreme Court formally recognized their role in achieving equality for all Americans during the civil rights movement, they were following a ________ philosophy. ________________________________________ 3. Attorneys who work for a company and are part of the executive or mid-level management team are specifically referred to as ________ counsel. ________________________________________ 4. Attorneys, particularly in a business context, are also referred to as _______. ________________________________________ 5. Measures of judicial action intended to compensate an injured party in a civil law suit are called _______. ________________________________________ 6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or controversies are called equitable _______. ________________________________________ 7. Judicial opinions are also known as the ________ of the case. ________________________________________ 8. A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the law. ________________________________________ 9. Trial lawyers are also referred to as _______. ________________________________________ 10. ________ are recognized as binding...
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...Chapter 01 Legal FoundationsChapter 01 Legal Foundations 1. Much of the origins of the law dealt with issues related to _______. ________________________________________ 2. When the United States Supreme Court formally recognized their role in achieving equality for all Americans during the civil rights movement, they were following a ________ philosophy. ________________________________________ 3. Attorneys who work for a company and are part of the executive or mid-level management team are specifically referred to as ________ counsel. ________________________________________ 4. Attorneys, particularly in a business context, are also referred to as _______. ________________________________________ 5. Measures of judicial action intended to compensate an injured party in a civil law suit are called _______. ________________________________________ 6. Equitable rules used in the context of Common Law rules that guide courts in deciding cases or controversies are called equitable _______. ________________________________________ 7. Judicial opinions are also known as the ________ of the case. ________________________________________ 8. A collection of uniform legal principles focused on a particular area of traditional state law is called ________ of the law. ________________________________________ 9. Trial lawyers are also referred to as _______. ________________________________________ 10. ________ are recognized as binding...
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...Monday, Wednesday Class #38 STATE OF LOUISIANA * DOCKET #: 10-3811 Division “J” * VERSUS * 19TH JUDICIAL DISTRICT COURT * DARRYL HUNT * PARISH OF NEW ROUGE POST-TRIAL BRIEF IN SUPPORT OF THE DEFENDANT’S MOTION FOR NEW TRIAL _________________________ TABLE OF AUTHORITIES Statutes U.S. Const. amend. XIV………………………………………………………………5 LSA-C.Cr.P. Art. 797………………………………………………………………..10 Cases Batson v. Kentucky, 106 S. Ct. 1712 (1986)…………………………………………10 State v. Jones, 09-0751, (La. App. 1 Cir. 10/23/09) (unpublished)…………………..6 State v. Prejean, 09-0878, (La. App. 1 Cir. 10/27/09) (unpublished)………………..8 Books The American Heritage Dictionary of the English Language, 101 (Fourth ed., Houghton Mifflen Co. 2009)………………………………………………………....7 Periodicals 23 S.C.Jur. Jury § 30 (2010)………………………………………………………….7 Other David Schepp, BBC, Gold Teeth Are a Gold Mine, http://news.bbc.co.uk/2/hi/business/1471097.stm (posted August 3, 2001, 4:51 p.m. GMT)…………………………………………………………………………………7 Ghetto. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/ghetto (accessed April 18, 2010)...........................................7 Nigger. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/nigger (accessed April 18, 2010)............................................
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...Chapter 1 | | stare decisis | A common law doctrine under which judges are obligated to follow the precedents established in prior decisions. | adjudicate | To render a judicial decision. In the administrative process, adjudication is the trial-like proceeding in which an administrative law judge hears and decides issues that arise when an administrative agency charges a person or a firm with violating a law or regulation enforced by the agency. | administrative agency | A federal or state government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules in order to administer and enforce the acts. | administrative law | The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. | administrative law judge (ALJ) | One who presides over an administrative agency hearing and has the power to administer oaths, take testimony, rule on questions of evidence, and make determinations of fact. | administrative process | The procedure used by administrative agencies in the administration of law. | Bill of Rights | The first ten amendments to the U.S. Constitution. | binding authority | Any source of law that a court must follow when deciding a case. Binding authorities include constitutions, statutes, and regulations that govern the issue being decided, as well as court...
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...| The State and the Deceased: Escheatment in India | Research Paper in Family Law II | II Year Trimester VSubmitted by : Satya S. SahuID NO : 2088Submitted on 17 November 2014 | | | | National Law School of India University Index of Authorities Constitutions * The Constitution of India, 1949. Statutes * Government of India Act, 1915. * Hindu Succession Act, 1956. * Indian Succession Act, 1925. * Special Marriage Act, 1954. Cases * Chiranjilal Shrilal Goenka v. Jasjit Singh, (1993) 2 SCC 507. * Lakshmanammal And Anr. vs Tiruvengada Mudali (1882) ILR 5 Mad 241. * Collector of Masulipatnam v. Cavaly Venkata, (1860) 8 MIA 500. * State of Bihar v Radhakrishna Singh & Ors. 1983 SCC (3) 118. * Bombay Dyeing and Manufacturing Co. Ltd v. Bombay, (1958) SCR 1122. * Shafiq and Others v. Asstt. Director of Consolidation and Others, 2011(9)ADJ24. * Reshamlal Baswan vs Balwant Singh Jwalasingh Punjabi 1994 (0) MPLJ 446. * Ramcharan v. State of Rajasthan, AIR 2006 Raj 101. * Mohammed Arshad Chowdhry v. Sajida Banoo, (1878) IL 3 Cal. As a general rule, the transfer of title of property from ancestors to their offspring has been given recognition and enforced since time immemorial. It’s also a settled proposition that the law, decides on who to confer the right of succession in case of intestate property. Statutes of distribution, based on a host...
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...The Black Experience: 1865 to Present Valery Taylor HIS 204 Prof. Steven Harn September 10, 2012 The Black Experience: 1865 to Present In the late nineteenth century our country has been defined by native born versus immigrants, rich versus poor and worker versus capitalist. But, in the former Confederacy, despite the call for the New South after Reconstruction tension still focused on the relationships between blacks and whites. Being of African American decent and raising a African American son I can still see the systematic effects of segregation, discrimination and isolation. However, through the civil rights movements of the past African American have attained equal rights in the present. In this paper, I will take a journey through the historical timeline of slavery. In addition, I will discuss historical events from 1865 to present that ended segregation, discrimination and isolation to attain equal rights. Africans were shipped to North America as Slaves in the 1600's, by 1787 the writers of the United States Constitution decided that slaves will count as three fifth of a person when deciding how many representative each state will have in Congress. In 1820 the Missouri Compromise was designed to maintain the number of free and slave states. During that period there were many notable freed slave that played significant roles in the advancement of the slaves. Isabella Baumfree also know as Sojourner Truth played a significant role...
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...What are the important issues with the At-Will Law? Law545x Fall 2015 Sullivan University Charles Wayne Wood Abstract Introduction In exploring the history of the At-Will law I hope avoid first person to review the positive and negative effects on the At-Will law dealing with employee and employers, does it help both new sentence?? I will explore contracts between employees and employers, how can they be terminated, and if so does the employee get paid till the end of the contract. I will discuss the possibilities of just causes on the employee or employer can they be used to terminate the contract. awkward Do the different states have laws that help the employees or the employer? At the end of this research I hope to show trends in the law as it has changed in the past 10 to 15 years. The History of the Law The At-Will law was first created? by Horace Wood (1877). As my research has let me to believe Mr. Wood only created the concept of At-Will employment, he stated that the courts have already accepted it as the doctrine of the time. Mr. Wood’s statements were the catalyst of what’s the beginning of a number of new laws creating the At-Will employment doctrine. In his writing Sandler (2000), also agrees that Mr. Wood helped the courts pull away from the rules and laws set by the English at the time and helped to establish the new law for the USA. The general rule in American employment has...
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...for white and African American passengers and prohibited passengers from entering accommodations other than those to which they had been assigned on the basis of their race. In 1891 a group of Creole professionals in New Orleans formed the Citizens’ Committee to Test the Constitutionality of the Separate Car Law. They hired Albion Tourgée, a Reconstruction-era judge and social reformer, as their legal counsel. As plaintiff in the test case the committee chose a person of mixed race in order to support its contention that the law could not be consistently applied, because it failed to define the white and “coloured” races. Homer Plessy, who was seven-eighths white and one-eighth African American, purchased a rail ticket for travel within Louisiana and took a seat in a car reserved for white passengers. (The state Supreme Court had ruled earlier that the law could not be applied to interstate travel.) After refusing to move to a car for African Americans, he was arrested and charged with violating the Separate Car Act. At Plessy’s trial in U.S. District Court, Judge John H. Ferguson dismissed his contention that the act was unconstitutional. After the state Supreme Court affirmed the district court’s ruling, the U.S. Supreme Court granted certiorari, and oral arguments were heard on April 13,...
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...Enforceability of Pre-Dispute Clauses in Employment Agreements I. Introduction Employers continually turn to arbitration to resolve disputes with those within the employment relationship. Over the years, the enforceability of pre-dispute arbitration clauses contained in employment agreements has been a controversial issue in American Jurisprudence. Proponents of arbitration clauses assert the potential benefits of arbitration; among many, arbitration is quicker, cheaper, avoids excessive jury verdicts, and is private. Those who oppose arbitration clauses claim the clauses limit due process rights of employees, limit the ability for the employee to conduct adequate discovery, and often include provisions that tilt the system against employees. As courts become progressively more overburdened, alternative dispute options for employment agreements gain increased national attention. Throughout the twentieth century, courts regularly invalidated arbitration clauses in the employment context. In 1991, the Supreme Court significantly departed from previous precedent and ruled that arbitration clauses in employment disputes are enforceable. Today, arbitration agreements (except for those in the transportation industry) are enforceable so long as certain due process conditions are met. First, this paper will discuss the current state of the law including policy considerations that are currently debated among scholars regarding arbitration agreements. Second, this paper...
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...It is good practice to include in a contract which state’s law will govern disputes that arise under the contract. A) True B) False 2. Stare decisis is typically of lesser importance to the Supreme Court in deciding constitutional issues than to trial courts in deciding specific controversies. A) True B) False 3. It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. A) True B) False 4. Many areas of law important to businesses are governed by the Uniform Commercial Code. A) True B) False 5. A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. A) True B) False 6. Only decisions by the United States Supreme Court can have the status of res judicata. A) True B) False 7. In deciding a case, a court will not use common law if there is a statute that applies to the dispute. A) True B) False 8. Criminal law is a subset of private law. A) True B) False 9. Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another. A) True B) False 10. The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance. A) True B) False 11. The body of law that will be used to determine which state’s law will apply in a multi-state transaction is conflict...
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...| The various major legal systems of the world today are closed categories. | T. F | 7. | The distinguishing feature of the Common Law legal system is that the rules of law are codified. | T. F | 8. | The Civil law system has its origin in France during the reign of Napoleon Bonaparte. | T. F | 9. | The origin of the Common law system can be traced in the practice of the early American settlers. | T. F | 10. | The “inquisitorial system” is the feature of the Civil law, while the “adversarial system” is the Common law. | T. F | 11. | United Kingdom, Australia, New Zealand, Malaysia, India (excluding Goa), Canada, (excluding Quebec), Hong Kong and the United states (excluding Louisiana) and the States of the West Indies (Bahamas, Bermuda) are examples countries that adopt Civil law legal system.. | T. F | 12. | France, Germany, Italy, Netherland, Spain, Portugal,...
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