...against Persons Student’s Name University’s Name Abstract In the United States of America, the law pertaining to crime against persons is complex; due to the principle of dual sovereignty that is a component of federalism. This essay entails analysis of murder as crime against persons. Murder cases are classified by the hierarchy of acts which entails: homicide, murder, manslaughter, and lastly justifiable homicide. English courts formed the body of common law on which United States jurisdictions relied on, in developing their murder statutes. Early English common law alienated murder into two broad categories: criminal and non-felonious. Historically, the intentional and deliberated killing of a person by another person was a criminal homicide and was categorized as murder. This analysis will discuss in details historical common law and current states statute in relation to crime of murder. Introduction Under the early United States law, murder was a criminal act that was punishable by death. It was termed as the unlawful execution of a person with hatred aforethought. According to Siegel (2006) book, Criminology, murder was also defined as a deliberated intent to kill. Currently, United Sates courts and jurisdictions have adopted the English common law. However the court has carried-out some amendment to various conditions that constituted criminal homicide. Modern statutes in general segregate criminal homicide into two wide categories: murder and manslaughter. Murder is...
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...responsible for your education and participation in this class. Course Title: Introduction to Business Law Course Description: This course introduces students to the legal environment of business and the American legal system. Students will examine contracts in depth and agency law. The course will include a study of the governmental regulation of business and the relationship between administrative/legislative (state and federal) law, and business ethics. Text: Business Law 4rd Business Ed Revised (2012): Morgan, Shedd & Corley ISBN: 978-1-61882-007-5 COURSE GOALS & OBJECTIVES: Provides an overview of relevant Business Law principles and practices as applied to contemporary organizations. The focus of this course will be the generally applicable laws affecting people and business organizations in the United States, any United States jurisdictions, and doing business with other countries. Student learning outcomes: Upon successful completion of the course, the student will be able to ? Understand the legal system, legal ethics, and the applicability in both State and Federal Courts. ? Discuss the impact of the American Legal System on business, employer, and employee relations (operating principles and activities); including leadership by chief executive officer (CEO), management (line supervisors) functions, and employee functions....
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...(Roman Code → Napoleonic code → Germanic Code) = Civil Law System US has the common law (common law will only be found in former British states) Sare Decisis (Case Precedent) Chapter 1 Sources 1. Constitution (s) – 51 (States and Federal) 1.5 -- Treaty 2. Case Law 3. Legislature (s) – 51 4. Administrative – help in regulation (Federal, State, and Local level) Chapter 2 State Top Level – Supreme Court Middle Lever – Court of Appeals Lowest Level – Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal...
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...Innocence at Stake: Possibility of DNA Collection from Arrestees in Canada Md Washim Ahmed ABSTRACT Followed by a decision of the Supreme Court of the United States, which approved the collection of a defendant’s DNA upon arrests under the Fourth Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of...
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...been a subject of deliberate among philosophers, political leaders, and lawyers for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives. The quantity and severity of punishments were reduced, the prison system have been improved. According to the Montgomery County Correctional Facility, Maryland, some of the major reasons for punishment are to reform, deterrence, rehabilitation, compensation, and retribution. Punishment for reform is intended to benefit the offender and society by changing the offender into a contributor to society. Punishment as deterrence is intended to benefit society by discouraging would-be offenders. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are in prison because they broke the rules and would have to serve their time. Some go to federal prison and some go to state prisons. It depends on the type of crime that a person commits because these prisons harbor different types of criminals they also have different guidelines to follow in terms to punishing the inmates. Criminal offenders who benefit from prevention services and are at risk of committing more crimes include, juvenile offenders with learning difficulties, high school dropouts, and urban youth gang members. Prevention services...
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...Comparative Criminal Justice Essay 1 The goal of comparative studies is to extend a person’s knowledge of people and cultures beyond his or her own groups. Some comparative scholars have a better understanding of their own society and of ways that society might be improved. When thinking about research in comparative justice, there are two questions that we should ask ourselves; what is it that we want to compare? What are the strategies of comparison or the perspectives of comparison? There are issues and problems that when comparing you have to deal with both internal and external to the system of criminal justice. There are multiple perspectives that are to be used: historical, systematic, relativistic, and cultural perspectives. First is the Historical perspective, which is the perspective of understanding the history and the evolution of criminal justice. Before the rise of the nation states in the nineteenth and twentieth centuries, most of the world societies were ruled for centuries by different monarchies, kingdoms, and colonial powers. China, Asia, Africa, and Latin America, all had some kind of historical or traditional law. As for China they were under a traditional law that demanded that any offender must confess and voluntarily surrender. But this somewhat changed when the Qing law was reinforced, this caused the obligations to change by making provisions for alternative sentencing for those who surrendered and by lengthening the limitations...
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...question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. | TRUE/FALSE QUESTIONS B1. Laws and government regulations affect almost all business activities. ANSWER: T PAGE: 2 TYPE: N BUSPROG: Analytic AICPA: BB-Legal B2. The U.S. Constitution is the basis of all law in the United States. ANSWER: T PAGE: 4 TYPE: + BUSPROG: Analytic AICPA: BB-Legal B3. The U.S. Constitution reserves to the federal government all powers not granted to the states. ANSWER: F PAGE: 4 TYPE: N BUSPROG: Analytic AICPA: BB-Critical Thinking B4. The Uniform Commercial Code has been adopted in all fifty states. ANSWER: T PAGE: 5 TYPE: + BUSPROG: Reflective AICPA: BB-Critical Thinking B5. Federal agency regulations take precedence over conflicting state agency regulations. ANSWER: T PAGE: 5 TYPE: + BUSPROG: Analytic AICPA: BB-Legal B6. Common law is a term for the laws that are familiar to most of us. ANSWER: F PAGE: 6 type: = BUSPROG: Analytic AICPA: BB-Critical Thinking B7. Decisions by higher courts are not binding on lower courts. ANSWER:...
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...WAR CRIME AND GENOCIDE A war crime refers to the serious violation of the laws and customs of war (also known as international humanitarian law) giving rise to individual criminal responsibility. It also includes grave breaches of the Geneva Conventions and other serious violations of the laws and customs applicable in international armed conflict and in conflicts "not of an international character" listed in the Rome Statute, when they are committed as part of a plan or policy or on a large scale. These prohibited acts include: * murder; * mutilation, cruel treatment and torture; * taking of hostages; * intentionally directing attacks against the civilian population; * intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historical monuments or hospitals; * pillaging; * rape, sexual slavery, forced pregnancy or any other form of sexual violence; * conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities. The use of chemical and biological weapons in warfare are also prohibited by numerous chemical arms control agreements and the Biological Weapons Convention. Wearing enemy uniforms or civilian clothes to infiltrate enemy lines for espionage or sabotage missions is a legitimate ruse of war, though fighting in combat or assassinating individuals, even if they are military targets, behind enemy...
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...Distinguish between the role of Criminal Law and Civil Law in relation to the English Legal System and analyze the purpose the law is attempting to serve in this area. Nowadays, law is very important for every country all over the world. It is known as a system of rules, which every people have to obey that. The Legal system of England gets two main categories: criminal law and civil law. Firstly, Criminal law is one of the two main things of the legal system of England, which is public. Criminal law is the rule for every people who are states and citizens. The government enforces criminal law. ‘Criminal law is concerned with product of which the state disapproves so strongly that it will punish the wrongdoer’ (1, Marsh and Soulsby, 2002). This system was made for criminal or those who are suspected of committing offences. Besides that, the role of criminal law is very important. It has two main important functions. The first function is about protecting citizen. Criminal law is to maintain the social order by protecting individuals from criminal harm. For example: criminal law is protecting people to avoid murder, theft, or arson. The second function protects people from harms in society such as: unsafe foods, pollution, unsafe buildings and sites (Dobson, 1997). Moreover, it maintains and teaches social values as well as social boundaries, for example: speed limits, traffic lights, seat belts, stop signs, and turning signal. Thus, criminal law makes sure that anyone who...
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...limits to discretionary power in a way which strikes the most suitable balance between executive efficiency and legal protection of the citizen” Discuss above statement With the exponential expansion of powers of the executive arm of government and equally massive interests in civil liberties, it is therefore inevitable that we re-examine the relationship between these discretionary powers and what is essentially the rule of law. This essay seeks to analyse the role played by the courts in the limitation of this powers while ensuring that the Executive runs efficiently while ensuring that that the rights of civilians are protected. Discretionary power is the individual judgement; the power of free decision making, a public official’s power to act in a certain circumstances according to the personal judgement and conscience, often in official or representative capacity. Discretion can also be defined as powers granted to an administrator to make a decision with the highest...
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...Midterm Exam. James D. Humbert * Essay Question #1: You work with a Government agency managing several large defense contracts. On one of these contracts with a contractor named ATI, an issue has arisen concerning the allowability of certain ATI incurred and invoiced costs. ATI's contract is a cost plus award fee contract. The specific costs in question involve some $50,000 in costs running the ATI fitness center at the ATI main business campus. Additionally, ATI paid $500,000 to a political action committee (PAC) which supports legislative initiatives for defense contractors. Finally, ATI incurred and invoiced the Government $1.5 million for its legal fees associated with a proceeding brought against it by the local U.S. Attorney's Office for an alleged violation of the False Claims Act under 31 U.S.C. 3730. This False Claims act matter was ultimately resolved and settled through a consent decree between the parties. Before he visits the local DCAA auditor for guidance on what actions to take, your boss want you to prepare an essay advising him on whether any of these three sums are allowable under the FAR. According to Subpart 31.603 Requirements, contracts that refer to this Subpart 31.6 for determining allowable costs under contracts with State, local and Indian tribal governments shall be deemed to refer to, and shall have the allowability of costs determined by the contracting officer in accordance with, the revision of OMB Circular A-87 which is in effect...
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...OF LAW, PUNJAB Mohindra Kothi, Mall Road, Patiala - 147 001 (PUNJAB) | ABSTRACT In this essay I wish to discuss the various types of crimes that are emerging with special reference to developing countries like India By developing we mean where growth of Information Technology is rampant but still it has not reached its peak. Cyber crimes can take place across various jurisdictions and hence the legal issue of jurisdiction of International Courts and country specific Indian Courts arises. Throw light on the present system in India, how it is ineffective and also upon international treaties and legal solutions to deal with the same. I have suggested possible ways to tackle the problem taking into consideration the domestic laws in India. The inefficiency of legislature to enact a more user friendly law is also examined in detail. Turning back our focus on the main legal dilemma of Jurisdiction of Cyber Crime Courts we have suggested a model that would be successful in India taking into consideration its working in other countries. In my concluding remarks a problem solution approach is taking where we have addressed the issue and after due consideration the solution is suggested. If proposal taken and implemented with effectiveness it would lead to a better result and can be followed by other nations in solving the predicament regarding cyber crimes and criminals. In recent years, use of the Internet has grown at an explosive rate. However, there currently exists...
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...circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace in his own house.’ However it was the King’s peace that gradually enveloped the lands, and thus any breach of peace was a breach of the King’s own.Despite this understanding, there is a paucity of formal literature tracing the precise developments...
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...Capital punishment, also called death penalty, is the execution of an offender sentenced to death after conviction by a court of law of a criminal offense. The practice of executing people for certain crimes is very old; in fact, the term itself dates to a Latin root, capitalis, which means “of the head,” a reference to a common execution method used in Roman times. Currently 58 nations actively practice it, 97 countries have abolished it, and the remainders have not used it for 10 years or allow it only in exceptional circumstances such as wartime. However, It is a matter of active controversy in various countries as it violates human rights. What Is Capital Punishment Capital punishment is a practice in which prisoners are executed in accordance with judicial practice when they are convicted of committing what is known as a capital crime or capital offense. In other words, capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. History Of Capital Punishment Early Laws The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, which codified the death penalty for 25 different crimes. The death penalty was also part of the Fourteenth Century B.C.'s Hittite Code; in the Seventh...
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...law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaška Edited...
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