...from society and into the judicial system. Most, unfortunately, are in this predictament due to a lack of discipline in the homes they were reared. Some lack communication skills, education, and motivation to perform productively in society. A much needed awakening for those sentenced in the judicial system is a military-like reform, centered around discipline, motivation, and accountability. Most, if not all, prisons and jails have work programs, honorary programs. However, not all of these seem to be providing the prisoner a benefit for real world tasks. Ultimately, this is an easy way to earn food and needed accessories to get by, but is not teaching real-world job ethics. This may prove to be productive in a prison environment, however, in the real world, communication, discipline, and motivation are core values in successful individuals. Furthermore, a stronger approach to education in the judicial system would be paramount in a new strategic plan to awaken incarcerated youth of America. Education should prove to be paramount in the reforming of criminals and those disruptive in society. The true act of education alone would broaden the perspective of individuals and create a new horizon giving them the foundation and tools for a bigger and better life. Implementing a strict eight hour school day, five days a week, beginning at 5:30 am and ending at 2:00 pm would polish the soiled minds of misguided youth. Engaging criminals in a strict psychiatric evaluation...
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...principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system translates a pragmatism to resolve disputes related to civil and commercial matters. Moreover, certain procedures in the common law system will provide flexibility...
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... Ranging from the “Dred Scott Decision” to segregation and even FRD’s New Deal programs. There is a clear argument that the judicial branch is taking its powers a bit too far in regards to policy, breaking separation of powers. o Instead of the last powerful, it is the least democratic as some would describe it. • As any argument, there is always two sides and there is a heavy rebuttal to this view point: o Judicial Activism- A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground; advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process. It is important to note that these terms are not ideologies or party affiliations, this relates more to morals and the philosophy of the branch. Political questions- A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the President and Congress. o It is the...
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...Fall 2014 Business Law Midterm This is a take-home-open-book-midterm. This is NOT a group effort. Work alone. DO NOT WORK TOGETHER! Use a scantron. Write your name on the scantron. True or False (Mark A for True B for False): 1. It is a violation of the separation of powers doctrine for State A to adopt a law identical to one adopted by State B. 2. A basic principle of statutory interpretation is that specific provisions in the statute are of greater weight than general provisions. 3. 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. 4. If one obeys the law, one is necessarily also acting ethically because ethical standards of conduct and legal standards of conduct are identical. 5. One of the important powers of courts in the United States is to interpret legislation. 6. It is the function of the jury to decide the facts that are in dispute in a case. 7. It is unconstitutional to conduct a trial with a jury of fewer than 12 jurors. 8. For diversity of citizenship jurisdiction, each plaintiff must have suffered over $100,000 in damages. 9. Sam Sophomore is suing the school board of Small Town, Iowa for suspending him because he held up a sign at a pep rally denouncing war. He claims that his First Amendment right of free speech was violated. He may file suit in federal district court in Iowa, even though he and the defendant school board members are citizens of Iowa. 10. A person...
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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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... This method is used when the parties involved has to maintain a relationship after the dispute has been settled, as opposed to the court system whereby the parties involved are strangers and are happy to remain so.[1] There are various forms of ADR techniques as stated in a publication entitled Dispute Resolution Guidance[2], these include, Mediation, Conciliation, Neutral Evaluation, Expert determination, Adjudication and Arbitration. Mediation engages the services of a mediator to help the parties reach an acceptable agreement. The agreement is initially non-binding however if settlement is reached it can become a legally binding contract. Conciliation is similar to mediation; however the conciliator can recommend a solution. This term is gradually falling into disuse and is regarded as a form of mediation. Neutral Evaluation is where a third party gives a confidential opinion based on the facts provided by either parties, on the possible outcome of a trial, this opinion can then be used as the basis for settlement or further negotiation. Expert determination is a process by which an independent expert is allowed to investigate the dispute and deliver binding decisions. “Adjudication is when an expert is instructed to rule on a technical issue – primarily used in construction disputes as set out in the Housing Grants, Construction and Regeneration Act 1996 where awards are binding on the parties at least on an interim basis – i.e. until a further process is invoked.”...
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...Chapter Title: 3 The Theory of Stare Decisis Book Title: The Sources of Hong Kong Law Book Author(s): Peter Wesley-Smith Published by: Hong Kong University Press, (October 1994) Stable URL: http://www.jstor.org/stable/j.ctt2jc134 . Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Hong Kong University Press is collaborating with JSTOR to digitize, preserve and extend access to The Sources of Hong Kong Law. http://www.jstor.org This content downloaded from 143.89.105.150 on Sat, 6 Dec 2014 22:30:49 PM All use subject to JSTOR Terms and Conditions The Theory of Stare Decisis GENERAL THEORY Introduction The essential idea behind stare decisis is that a judge is required - thus has no discretion to refuse - to follow certain previous decisions. This obligation arises when a prior case A yields a proposition of law in circumstances which are indistinguishable from those confronting the judge in case B, and by a formal rule the judge in case B stands in an inferior relationship to the court which decided case A....
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...1.0 Introduction Conservatism is arguably one of the most prominent and prolonged characteristics in accounting practices (Basu, 1997). Over the centuries, many researchers have accomplished in-depth reports and thoughtful analysis regarding different focuses on conservatism. Literatures related are abundant and fruitful. In next section, this paper will firstly give a brief review on a number of related literatures. Follows that, some of the most significant motivations to adopt conservatism such as contracting demand, litigation pressure, agency problem, tax implication, regulation concern and political economy will be discussed in section three. For the purpose of construction, regression analysis, as the most commonly used research technique, are also analyzed in section four of this paper, which also includes a summary of the requirements in sample selection process. Meanwhile, another crucial aim of this paper is to introduce the empirical evidence of a positive relationship between information quality and conditional conservatism. In section five, this paper intends to explain the empirical findings of Iatridis (2011) that a high quality accounting information discloser will apply conditional conservatism but restrict unconditional conservatism. 2.0 Literature Review Researchers commonly characterize accounting conservatism as “asymmetric timeliness in recognition of accounting gains versus losses and systematic understatement of net assets” (Chi...
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...minimized the gap between the western south and these two Easter giants, increasing the need for joint business ventures and trading partnerships that contribute to the growth of China, India and Latin America. In order to evaluate the relation of Latin American countries with China and India, it is important to analyze the legal systems and regulatory business environments of the Chinese and Indian governments. By developing a concise comparison between China and India, this paper will eventually evaluate which country has more to offer to Latin American economies. Such comparison will be based upon aspects such as legal backgrounds and traditions, basic business regulations, trade laws and others, to finally conclude what sort of government is more appealing to Latin American economies. In the first place, it is important to consider that most of Latin American countries have legal systems based upon the civil law tradition, perceived by many as a more predictable system when compared to common law. In business transactions, predictability can be a great incentive when paired to similar legal frameworks. Contrarily, differences between the legal systems of two contracting...
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...Venezuela is a major transit country for cocaine usually processed in Colombia. Law enforcement agencies estimate that over 100 metric tons of cocaine transit Venezuela annually. There are some indications that the quantity of drugs transiting Venezuela is increasing and that smuggling of Colombian heroin is a growing problem. Narcotics-related corruption remained a problem in legal and financial systems and within security forces. Moreover, the Venezuelan authorities need to do more to combat diversion of chemical precursors and money laundering and to address the problem of over-flights by drug trafficking aircraft. Venezuela continued to be a major drug transit country in 1998. Most large scale drug shipments transiting Venezuela originate in Colombia and are smuggled out of major Venezuelan ports in commercial cargo to the U.S. and Europe. Drugs are transported on commercial aircraft (either by drug mules or hidden in air cargo) and small aircraft through Venezuelan airspace. In addition, boats carrying drug shipments from Colombia pass through Venezuela's territorial waters on their way to Caribbean transshipment points. Venezuela is a transit country for essential chemicals, which are either exported legally to Colombia and other source countries, diverted for use in cocaine labs, or smuggled out of Venezuela for this purpose. For instance, gasoline and cement are exported legally from Venezuela to Colombia and then diverted for use in cocaine processing. In 1998...
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...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
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...that Bovis Lend Lease would notperform the Save Valley Irrigation Project. Information considered 2.1 Organizations Several different organizations are considered throughout the evaluation process. These include the evaluating organization, the owner, and the competitors. Each organization has goals and controls resources. Evaluating Organization: Bovis Lend Lease (hereinafter referred to as BLL) is one of the largest international project management and construction service companies in the world, as well as an international leader in property and infrastructure field. BLL provides a full range of project services, including several water projects（forming alliance with other companies). BLL has rich experience with international construction, but had never delivered a project in Africa. Moreover, all water supplement projects BLL provided before were located in Australia, where the head quarter of BLL lies. As a global-wide company, BLL is willing to open the growing African construction market. The information of specific significance in the decision to pursue is: ●BLL is an international...
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...Doing business in Singapore Table 1. Profile of Singapore Name Singapore Geographic location East Asia Current form of state City state with parliamentary democracy Previous form of state British colony (1819±1959) Member of Malaysia (1959±1965) Land area 647.5 sq. km Population 3.04 million (mid-1996 estimate) Population growth (1993±1997) 2% per year Population make-up Chinese (77.3%) (Singapore, as of June 1996) Malay (14.1%) Languages English, Chinese, Malay and Tamil GDP (US$) $94.1 billion (1996) GDP per head (US$) $30 900 (1996) GDP growth (1988±1997) 2.67 times Economic status Newly industrialized economy Type of industrialization Export-oriented Major industries by % of GDP Finance...
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...Legalizing Lobbying in Bulgaria – a Mission Impossible or a Much Needed “Must’ Author: Gergana V. Murtova Term Paper for Business and Society Class People are easily fooled by talk about donations, private or corporate, that might be the case but not the whole truth, indeed. You see, everywhere from America to Japan, each party has, so to say, a ring of firms…If you think that I am less influential than one banker, your idea of what a politician can achieve is very far from reality. In the last 15 years, perhaps half of all above-the-average businessmen are [what they are]…either with my blessing or at least a smile from me. * Ahmed Dogan (Bulgarian Politician, former leader of the ethnic Turks’party Movement for Rights and Freedoms), 2005 Corrupted politicians, lobbying from wealthy businessmen, forceful advocacy from particular societal groups, influence peddling from local and national government representatives – all these are scenarios that Bulgarian citizen hear and read about in Bulgarian media day after day. That is why when in 2005 Dogan said those words, Bulgarian society wasn’t shock by their content; it was no news to us. Actually, the only shock from these words was from the cynicism and the sense of impunity with which a party leader would talk before television cameras. Overall, Bulgarian society is rather used to the concept of corruption. Bulgaria has been ranked for years among the top in the world in terms of corruption (Mulcahy, 2012)...
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...INTRODUCTION Precedent is created by judicial decisions which may be given either by a supreme or a subordinate Court. A judicial precedent contains in itself a principle of law. Judicial precedents are an important source of law. They have enjoyed high authority at all times and in all countries . the common law of England has been built up the decisions of England judges. There are so many reasons why precedents operates as an authoritative source of law and it also has many kinds according to its probative force. decisions than to the views of text writers. A judicial precedent speaks with authority. It is an evidence of law and source of it. The authority of precedents is great because of power, skill and professional reputation of judges who make them. Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis, which is Latin for "let the decision stand" i.e. to stand by the decided. In practice, this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. Judge made law via the cases upon which they decide is one of the oldest sources of law. This provides in the law consistency and predictability. Judicial precedent means a judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the...
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