...the assets placed in the irrevocable trust. A few states have already passed similar legislation, such as Alaska and Delaware. PURPOSE: The purpose of the Class Paper is to enable the student to analyze state statutes and resolve the ethical issues of whether the state should allow individuals to create vehicles (irrevocable trusts) to place their assets outside the reach of their creditors. DIRECTIONS: 1. Go to the Virginia General Assembly Website and find the legislation described above. (5 points) 2. Analyze the legislation under consideration and provide a statutory anaylsis of the legislation. Discuss how an individual would be able to do this? What does the statute allow the individual to do? What creditors does the statute effect? What creditors are excluded? (40 Point) 3. Analyze whether the legislation is moral or ethical. Using the two of the ethical theories and the ethical checklist discussed in the first class, advise whether the legislation is ethical or moral (40 points) 4. Provide a conclusion as to whether the legal purpose or ethical purpose should be followed. (15 Points) REQUIREMENTS FOR WORK PRODUCT: The paper should be prepared in Times New Roman 12 point font, double-spaced, with...
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...branch of government. From Congress, the bills are sent to the president, who determines whether to approve or veto the law. If the executive branch approves the law, it is sent to the judicial branch, where it is deemed constitutional and enforced. There are different types of laws; constitutional, statutory, administrative and common law. Constitutional laws are the foundation for all other laws in the United States. This type of law establishes a structure, grants specific powers, and produces procedural protections. Constitutional laws are different from other sources of law, primarily in terms of permanence and preemption. Permanence reflects the basic principles of a particular society and should be amended only in extraordinary cases and when majority of its constituents agree over a period of time. (Melvin, 2011) Preemption gives the constitutional laws supremacy over other sources of law, such as statutes. These laws exist at the federal and state level. Another type of law that affects business as well as society is statutory law. Statutory laws are created by legislative body and approved or disapproved by the executive branch. Like the constitutional laws, statutory laws are passed at a federal and state level. Administrative laws are another type of law that has an effect on business. This type of law authorizes the authority by...
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...Statutory rape can sometimes be an unjust law because of the age concept, gender differences and rationality of the individual. Statutory rape is a non-forcible sexual intercourse with a person who is younger than the age of consent. The Age of Consent is the age at which a person is deemed by Massachusetts law to be capable of consenting to, and engaging in, sexual acts. In This Commonwealth, statutory rape is outlawed by Massachusetts General Law Chapter 265: Section 23 (Rape and Abuse of a Child): This law is based on the premise that until a person reaches the age of maturity, that person is legally incapable of consenting to sexual intercourse therefore anyone who engages in sexual activity of any type with a partner under the applicable Age of Consent is breaking the law. He or she can be charged with statutory rape or any other crimes ranging from a misdemeanor to a felony depending on the jurisdiction in which they are prosecuted. The age of consent ranges from 14 to 18 years of age, although in more than half of the states -including Massachusetts - the age of consent is 16. The primary intention of statutory rape laws is to protect teenage girls and, recently, boys as well, from being sexually preyed upon by adults. By design, the laws are meant to deter and punish adults who have sex with minors. By definition, these laws are targeting non-forcible sexual activity Some states and counties are generally not pursuing teenage "lovers" who are close in age. Instead...
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...Stats PaperCara Robertson September 19, 2013 Elements of Statistics MAT121.M2 Jenny Fiedeldey Chatfield College Statistics Paper #1 “It Ain't Necessarily So” Being as interested in news and politics as I am, I was already aware of the fact that statistics are extremely inaccurate. Statistics falsely portray their sample or population to be over exaggerated or under exaggerated. Either way, statistics are basically lies, whether that is the intention or not. Reading “It Ain't Necessarily So” has only further confirmed by beliefs about statistics and their falseness. I had never taken into consideration all of those who are involved in the inaccuracy of said statistics, though. I had always just blamed the news sources for that. However, reading this paper has taught me that the news sources are probably the only people not involved in what is basically a lie; they are just given the information and told to report it. I now know that the victim (or in some cases, so-called “victim”), investigator, and the person collecting the data are the ones who are to blame for the misrepresentation. These false studies are being presented to the public every day, concerning a very wide range of topics. Extreme confusion is caused when the public hears drastically varying numbers and reports concerning things such as presidential approval rates, unemployment rates, and any other topic one might think of. When each news source is reporting entirely different information on...
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...Retention of HR and other related records The legal position There is a substantial and complex amount of EU and UK legislation which has an impact upon the retention of HR and other related records. Examples of legislation dealing with particular categories of records are provided in the boxes below. Other important statutes, statutory instruments, EU Directives, and further provisions and proposals include the following: Acts Limitation Act 1980 Data Protection Act 1998 Freedom of Information Act 2000 The Regulation of Investigatory Powers Act 2000 Anti-Terrorism, Crime and Security Act 2001 Statutory instruments Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) The Regulation of Investigatory Powers (Acquisition and Disclosure of Communications Data: Code of Practice) Order 2007 (SI 2007/2197) The Data Retention (EC Directive) Regulations 2009 (SI 2009/859) Directives Data Protection Directive 95/46/EC Privacy and electronic communications Directive 2002/58/EC Further special provisions may arise affecting the retention of or access to data, for example: In the context of the criminal law, the Anti Terrorism, Crime and Security Act 2001 Part 11 provides a lengthy code of practice for voluntary retention of communications data. To provide security services with a reliable log of mobile and fixed phone calls, telecommunication companies must keep telephone call logs for one year. Internet...
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...is known as a “parent” or enabling Act. An example is: TYPES OF DELEGATED LEGISLATION Statutory Instruments are Bye-Laws are made by local Orders in Council are laws regulations made by made by and with the advice authorities to cover matters of Her Majesty’s Privy Government Ministers and within their own area. An Departments. An example is: example is: Council and are used, for example, for transferring responsibilities between Government Departments, extending legislation to the Channel Islands, and under the Emergency Powers Act 1920. They can also be made by certain public corporations An example is the and certain companies for Government controlling fuel matters within their jurisdiction which involve the supplies during the fuel crisis in 2000. public. An example is: ADVANTAGES Saves Parliamentary time. Parliament passes the parent Act and those with technical expertise or necessary knowledge can fill in the details. Government Ministers often consult interested bodies and parties before drafting statutory instruments. Delegated legislation is more flexible than an Act of Parliament. It can be passed quickly and easily amended or revoked, so that the law is up to date. www.lawteacher.net DISADVANTAGES It is undemocratic (except for bye-laws). Sub-delegation occurs whereby law making power is passed on to civil servants by Government Ministers. There is a large amount of statutory instruments (over 3,000 per year). Delegated legislation is not well publicised in contrast...
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...SAFETY & ENVIRONMENTAL HEALTH LAW 265 Semester 1 2015 Additional Information 4 step examples of Statutory Interpretation Question Assume that research has shown that a person using a mobile phone while driving has a 25% higher chance of having a road accident. The W.A Parliament passes a law called the Use of Mobile Phones and Other Electronic Devices Act 2013 W.A. Section 14 of the Act says: Section 14. ‘No person shall talk on a mobile phone when driving a motorcar, truck, motorcycle or similar vehicle’ Django is charged with a breach of section 14. While riding his bicycle to university one day he was listening to his girlfriend who had rung him on his mobile phone to tell him about her day. He argues: 1. He was not talking on his mobile phone 2. He is not driving a motorcar, truck, motorcycle or similar vehicle Using the rules of statutory interpretation and the four-step process, explain to Django whether he is breach of section 14 by discussing each of his arguments in turn. Step 1 Area of Law: Common law rules of statutory interpretation Step 2 Principles of Law: Students should discuss: Literal approach – define it. IRC v Hinchy and other cases Golden Rule – define it Alder v George and other cases Mischief rule – define it Smith v Hughes and other cases The Ejusdem Generis rule-define it Hy Whittle Ltd v Stalybridge Corp and other cases Step 3 Application of the Law: If the literal rule was applied, this would be the answer If the golden...
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...Research Paper When you look at the different states, the majority of them have the same laws for age of consent, but a few of them are different. The purpose of me researching this is because I have family members that is a Defendant of statutory rape, but in reality he is the victim. I believe he is the victim because he is the one having to sit in prison and waste his life away because of the laws in Washington State, while the Victim is out living her life and not being affected at all. The legal definition of statutory rape is: “Statutory rape generally refers to sex with a person who is under an age specified by statute. At this point, most state laws call it something else.” This particular case was reported on the twentieth day of the second month in the year of 2008. He was sentenced on the seventeenth day of the third month in the year of 2008, almost a month after sitting in the county jail. He was charged with Rape of a Child Second Degree, in Washington state this means, “A person is guilty of rape of a child in the second degree when the person has sexual intercourse with another who is at least twelve years old but less than fourteen years old and not married to the perpetrator and the perpetrator is at least thirty-six months older than the victim.” If you look at both sides of the case (Victim vs. Defendant) you might ask your self, “How does this case affect both the victim and their (in this case a girl) family, and the defendant and their (in this case...
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...ANALYSIS OF SKETCH OF A THEORY OF STATUTORY INTERPRETATION: JIM EVANS TABLE OF CONTENTS Summary 3 History 4 Legislative Meaning 5 Analysis 6 Objective of the Author 6 The two prongs of interpretation 6 The meaning of the enactment 6 Legislative intent and its scope 8 Exceptions and side constraints as implications of legislative will 10 Conclusion 11 Sketch of a Theory of Statutory Interpretation: Jim Evans Summary In this article the author advocates his belief that statutory interpretation should be determined not only by an interpreter's understanding of the meaning of the legislature, but also by his understanding of the will of the legislature. By the will of the legislature the author means the practical judgment or decision that a certain rule should be part of the law, not the further purpose that the legislature may hope to achieve by that, which may be described as the meaning of the legislature. Sometimes these two sources of understanding pull in different directions, or conflict each other. The author then postulates that respect for the meaning intended by the legislature and respect for the will of the legislature are two different things. He clarifies however, that this does not imply that they always lead in different directions, and in fact, in most cases they work together for two reasons. Firstly, the statute will almost always accurately express the will of the legislature for most cases, unless there has been...
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...I would like to propose for the P plate laws to be re- enacted, the new P Plate laws are creating more accidents and more unsafe driving on the South Australian roads as all P platers (who have to have their plates showing) are only allowed to carry one passenger at a time and have a curfew. With the new curfew being 12am- 5am, anyone who has their P-plates is unable to drive places in case of an emergency. What would happen if the P-plater was to get a call in the middle of the night by a family member or friend who has had an accident? The P plater would not legally be allowed to go out and help them, as Vickie Chapman has said “the absurd thing is the first thing young people would do if they want to drive at 3am is not display their P-plates”. Not only is the curfew dangerous in case of emergencies, but there is not much difference when driving at 11:30 to 12:30. If the P-plater does not have a visible clock in the car this encourages them to use their phones while driving to make sure they are still within their curfew. P-platers are now only allowed one passenger who is not immediate family between the age of 16 and 20. This means if a group of friends were to go to a party or out for the night, they are unable to have a designated driver which will put more cars on the road and encourage drink driving. Yes, having friends in the car can be a distraction, but how is putting more cars on the road going to reduce the amount of accidents? With the limit on passengers this...
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...LEGAL METHODS OUTLINE COMMON LAW REASONING • Role of precedent • Law is not unchanging • Distinguishing cases based on the individual facts to come to new conclusions o Judges give more or less weight to different factors • Narrow/broad interpretations of common law rulings • Rules vs. Standards o Rules: more stringent result (binding) ▪ DEMAND that a decision maker respond a certain way to the presence of triggering facts. ▪ ROL is ostensibly neutral and general; however ▪ Severe impartiality can lead to inhumane results (Think Palsgraf and ct costs) ▪ Consider: The Restatement has no precedential power…do cts sometimes neglect careful analysis of problems b/c of their willingness to defer to the restatement? ▪ Bright line rules: The more the law is settled, the more likely it is that people won’t litigate. Highly predictable outcomes. o Standard: more general interpretation (more leeway in end result) ▪ If there are multiple criteria for analyzing the law, almost always use the standards approach. ▪ direct application of a background principle or policy ▪ Standards mean that there will probably be a lot more for the jury to decide (their sympathies come into play) • Legal doctrines that collide => different levels of generality o Deciding the facts that turn the case • Power...
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...in the statutes must be solved by courts, it is true that have some ambiguity or have a unclear meaning of statutes' words in most case. Statutory interpretation allows the judge to have a clear meaning of what is meant by the statutes. Hence, statutory interpretation is an important process when the case is judging by court and courts would seek to interpret the statutes at full steam. In the modern legal system, there are four general approaches to construe statutes that are respectively the golden rule, the literal rule, the purposive approach and the mischief rule. The quoted statement by Lord Denning means, when statute is interpreting, the judge need to understand the entire content of statutes and ascertain the intention of Parliament that better than reading different section of statues and to understand them separately, or words by words. In other words, Lord Denning said that by applying purposive approach better than literal rule. We need to understand and ascertain the meaning of four approaches before discussing the statement by Lord Denning. Whichever approaches or rules may be applied by court, giving a clear meaning of particular words in the statute or interpret the basic meaning of statute. The literal rule try to give a plain, straightforward and ordinary meaning to the words of statutes in the context of statutory provision or the Act, Maybe this word has a simply and popularly understood meaning but this word would has no more one meaning in the particular...
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...RESEARCH TOPICS Abstinence programs Do they work? Advertising Should certain kinds of ads be banned in the interest of health/morality/annoyance – alcohol, cigarettes, prescription meds, etc…? Africa Why so many wars? What’s the solution? Airplane accidents Who is responsible? Should families of victims be entitled to compensation? Airport security Should the government use invasive pat-downs and body scans to ensure passenger safety or are there better methods? Al Qaida Has U.S. policy actually spread terrorism rather than contain it? Will it get better or worse? Why and how? Alcohol Should the U.S. lower the drinking age to 18? Animal rights Should it be illegal to use animals for sports and entertainment? Arming pilots Good idea? Art A few years ago, an artist was criticized for depicting the Virgin Mary with elephant dung. When is art not really art? Athletes in high schools Should shoe companies be able to give away free shoes and equipment to high school athletes? Beauty contests Do they serve any purpose in society? Bridges, roads, waterways Why the government gets a bad report card on America’s infrastructure. Bullying laws Should the state or federal government put laws into place to prevent bullying? Cell phones How have they changed us socially? Censorship Should parents censor textbooks and other literature for children in schools? Cheap labor U.S. companies that move factories to undeveloped nations barely pay employees enough to...
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...Unit 1 – Section A - Statutory Interpretation Approaches to Interpretation The Literal Rule Under this rule, the courts will give words their plain, ordinary or literal meaning, even if the result is not very sensible. “If the words in an act are clear, then you must follow them even though they lead to a manifest absurdity.” (R v Judge of the City of London Court) Examples: (Whiteley v Chapel) – D charged under a section which made it an offence to impersonate any person entitled to vote. D impersonated someone who was on voting list but was deceased. D was not guilty as the person is dead they are not literally entitled to vote. (London and North Eastern Railways Co v Berriman) – Unable to claim when husband was killed whilst carrying out maintenance work oiling railway track. Statue said a look out should be provided when relaying or repairing the track. Words relaying and rapairing were given the literal meaning and didn’t cover maintenance. The Golden Rule It takes the literal meaning but the court is allowed to avoid interpretation which would lead to an absurd result. There are 2 views on how the golden rule should be used 1) the narrow application and 2) the wider application 1) Narrow application – if a word has more than one meaning, you can choose between them In Jones v DPP if a word had more than one meaning “You can choose between those meanings but beyond this you cannot go”. Examples: (R v Allen) – Example of narrow application Was a bigamist...
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...Contenido STATURORY INTERPRETATION 1 LITERAL RULE 1 GOLDEN RULE 1 MISCHIEF RULE 2 PURPOSIVE APPROACH 2 ALTERNATIVES DISPUTE RESOLUTIONS 3 INTRODUCTION 3 ARBITRATION 3 CONCILIATION 4 MEDIATION 4 MINITRAIL 5 NEGOTIATION 5 Bibliography 6 STATURORY INTERPRETATION LITERAL RULE This rule explains every word as an ordinary dictionary meaning. The aim of the court is to find the Parliament intentions when a word is used. Taken from: www.school-portal.co.uk In Sam´s case the selling of fish and chips and soft drinks can be defined as an invitation to treat which means that there is an offer which can be accepted or rejected by the offeree. In the present case exist a group of similarities regarding the case of Fisher V Bell (1960) in which it was argued that display and knife was an invitation to treat. Taking into account the definitions and parameter of the literal rule Sam is not guilty or convicted of the offence; according to this rule, the literal meaning has to be followed to obtain a complete understanding of the case and the situation. GOLDEN RULE This rule is an improvement of the literal rule which let at words into the proper context of those who are solving the case. The golden rule requires that the meaning of the words used in the study of the case need to have only one meaning offering the simplest signification unless when they are not applied it can be produce a misunderstanding and inconvenience. In this situation...
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