...Imagine if you woke up tomorrow to find yourself in a parallel universe where our founding fathers had chosen not to introduce the Judicial Branch in the Constitution. America would be an extremely different place, if not at all still exist. The Judicial Branch interprets the law, a task much more important than it sounds. The Supreme Court, the only court created by the constitution in the Judicial Branch, has made some of the most important decisions in US history. Ones that couldn't be solved by anyone else correctly in the federal government. The Judicial Branch prevents people from abusing law. The Judical branch interprets the constitution, and what they say the 266 year old document is, is what it is. On The Supreme Court has made...
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...Facts This case is unique in that it is a class suit brought by 44children, through their parents, claiming that they bringthe case in the name of “their generation as well asthose generations yet unborn.” Aiming to stopdeforestation, it was filed against the Secretary of theDepartment of Environment and Natural Resources, seeking to have him cancel all the timber licenseagreements (TLAs) in the country and to cease anddesist from accepting and approving more timber licenseagreements. The children invoked their right to abalanced and healthful ecology and to protection by theState in its capacity as parens patriae . The petitionersclaimed that the DENR Secretary's refusal to cancel theTLAs and to stop issuing them was "contrary to thehighest law of humankind-- the natural law-- andviolative of plaintiffs' right to self-preservation andperpetuation." The case was dismissed in the lower court, invoking the law on non-impairment of contracts,so it was brought to theSupreme Courton certiorari. Issue Did the children have the legal standing to file the case? Ruling Yes. The Supreme Court in granting the petition ruledthat the children had the legal standing to file the casebased on the concept of “intergenerationalresponsibility”. Their right to a healthy environmentcarried with it an obligation to preserve that environmentfor the succeeding generations. In this, the Courtrecognized legal standing to sue on behalf of futuregenerations. Also, the Court said, the law on non-impairment...
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...J Indian Acad Forensic Med. April-June 2012, Vol. 34, No. 2 ISSN 0971-0973 Review Research Paper Euthanasia Revisited: The Aruna Shanbaug Verdict *Arsalaan. F. Rashid, **Balbir Kaur, ***O.P. Aggarwal Abstract Euthanasia and its procedure have long history of locking horns as a vexed issue with laws of countries across the world. Every human being of adult years and sound mind has a right to determine what shall be done with his/her own body. It is unlawful to administer treatment to an adult who is conscious and of sound mind, without his consent. In patients with Permanently Vegetative State (PVS) and no hope of improvement, the distinction between refusing life saving medical treatment (passive euthanasia) and giving lethal medication is logical, rational, and well established. It is ultimately for the Court to decide, as parens patriae, as to what is in the best interest of the patient. An erroneous decision not to terminate results in maintenance of the status quo; the possibility of subsequent developments such as advancements in medical science, the discovery of new evidence regarding the patient’s intent, changes in the law, or simply the unexpected death of the patient despite the administration of lifesustaining treatment, at least create the potential that a wrong decision will eventually be corrected or its impact mitigated. Key Words: Consent, Permanent Vegetative State, Passive Euthanasia, Parens patriae Introduction: Euthanasia is the intentional premature...
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...Admissibility of Polygraph tests, Narco-anlaysis test and Brain-mapping test in reference to Selvi’s case Before answering these questions, it is necessary to examine the evolution and specific uses of the impugned techniques. Hence, a description of each of the test procedures is followed by an overview of their possible uses, both within and outside the criminal justice system. It is also necessary to gauge the limitations of these techniques. Polygraph Examination The origin of polygraph examination have been traced back to the efforts of Lombroso, a criminologist who experimented with a machine that measured blood pressure and pulse to assess the honesty of persons suspected of criminal conduct. His device was called a hydrosphygmograph. The theory behind polygraph tests is that when a subject is lying in response to a question, he/she will produce physiological responses that are different from those that arise in the normal course. During the polygraph examination, several instruments are attached to the subject for measuring and recording the physiological responses. The examiner then reads these results, analyzes them and proceeds to gauge the credibility of the subject's answers. Instruments such as cardiographs, pneumographs, cardio-cuffs and sensitive electrodes are used in the course of polygraph examinations. They measure changes in various aspects such as respiration, blood pressure, blood flow, pulse and galvanic skin resistance. There are three prominent...
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...Writ of Habeas Corpus Jose A. Gonzalez POL 201 Antonio Quirante September 24, 2012 Writ of Habeas Corpus Habeas Corpus demands a court to a jailer to produce the prisoner and announce the charges (Levin-Waldman, 2012). Habeas Corpus is an ancient common law that applies to all Americans and anybody in the United States at the time of their arrest. It is a legal procedure that requires a person to be brought in front after the have been arrested/ taken into custody. This is done so that the government to show cause to why the liberty of that person is being taken away and to let the person know what they are being charged with. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint (http://www.slate.com). History of Habeas Corpus The history of Habeas Corpus is an ancient law that has been used since the middle ages. It appears to be predominately of Anglo-Saxon common law origin but the exact origins are not really known. Even though the origin of Habeas Corpus is unknown it has been used in Europe for centuries. Its principle that has been used since the middle ages by various writs (http://www.slate.com). Habeas Corpus has evolved and changed a bit over the years, but it has basically remained the same. Habeas Corpus states that a person who has been arrested or in custody be brought before a court...
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...Like for instance the operation of a death penalty regime in the U.S. is incredibly costly. How expensive is the death penalty? Just over a year ago Fox news stated that “Every time a killer is sentenced to die, a school closes. I known that sounds a bit dramatic but Citing Richard C. Dieter of the Death Penalty Information Center and many of his colleagues have claimed that the data backs up these assertions. And a urban institute study found out that Maryland death penalty cases cost 3 times more($3 Million) than the average case, and that is for a single...
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...Exxon Valdez and Tylenol Case Study DE LA SALLE UNIVERSITY - DASMARIÑAS Communication Arts Department Lawrence G. Rawl, chairman and chief executive of the Exxon Corpoation was in his kitchen sipping coffee when the phone rang and received the news regarding the spilling of crude oil into the frigid waters of Prince William Sound, just outside the harbor of Valdez, Alaska. What was about to happen was the worst environmental disaster in the history of the United States. These were the documented facts that media had portrayed across the United States and to the world: Exxon Valdez, a 978-foot tanker piloted by a captain whom later revealed to be drank, ran aground on a reef 25 miles southwest of the port of Valdez. The results caused a spill of 250,000 barrels, the largest spill ever in North America. The devastating results affects, 1,300 square miles of water, damaging some 600 miles of coastline and murdering as many as 4,000 Alaskan sea otters. The disaster also enshrined the name of Exxon in the all-time Public Relations Hall of Shame. (Seitel, 2000). According to the book, Exxon’s dilemma broke down into five categories. First was the hesitation of Mr. Rawl if he is going directly and personally to Alaska. In an interview Mr. Rawl has said, “We had concluded that there was simply too much for me to coordinate from New York. It wouldn’t have made any difference if I showed up and made a speech in the town forum. I wasn’t going to spend the summer there;...
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...DE LA SALLE UNIVERSITY - DASMARIÑAS Communication Arts Department Lawrence G. Rawl, chairman and chief executive of the Exxon Corpoation was in his kitchen sipping coffee when the phone rang and received the news regarding the spilling of crude oil into the frigid waters of Prince William Sound, just outside the harbor of Valdez, Alaska. What was about to happen was the worst environmental disaster in the history of the United States. These were the documented facts that media had portrayed across the United States and to the world: Exxon Valdez, a 978-foot tanker piloted by a captain whom later revealed to be drank, ran aground on a reef 25 miles southwest of the port of Valdez. The results caused a spill of 250,000 barrels, the largest spill ever in North America. The devastating results affects, 1,300 square miles of water, damaging some 600 miles of coastline and murdering as many as 4,000 Alaskan sea otters. The disaster also enshrined the name of Exxon in the all-time Public Relations Hall of Shame. (Seitel, 2000). According to the book, Exxon’s dilemma broke down into five categories. First was the hesitation of Mr. Rawl if he is going directly and personally to Alaska. In an interview Mr. Rawl has said, “We had concluded that there was simply too much for me to coordinate from New York. It wouldn’t have made any difference if I showed up and made a speech in the town forum. I wasn’t going to spend the summer there; I had other things to do”...
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...to our constitutional rights as well as when congress determines it is lawful to suspend. Habeas Corpus is a writ that was formed as Habeas Corpus Act of 1679 and is used to keep and individual from being unlawfully imprisoned. The earliest version of Habeas corpus appeared in British’s Magna Charta (a Latin phrase means “Great Charter”) in 1215. In the history of Habeas Corpus, in the United States, Presidents had used their war-time executive order power to suspend Habeas Corpus Act of 1679 and/or declared martial law in some of the cases researched. According to the article Habeas Corpus in the Columbia Electronic Encyclopedia 6th edition (2011)” the writ of habeas corpus is Latin for you should have the body”. There are two important factors that go along with its Latin meaning. First, a writ is a document in a courts name to a jailor for example, to act or not act in some way. This writ is an order by judge to see a prisoner in the case was they get arrested and detained. The judge must decide whether the reason for the detention is valid, and, second, assuming the reason is valid, he must decide whether there is sufficient evidence to support the detention. As an example, suppose the president ordered the arrest and incarceration of a person who gave a speech critical of the president's foreign policy. At the habeas...
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...There are several factors that can influence justice in America. I find that you can read and work up information all day on justice in America as far back as history goes. The constitution of the United States Supreme Court helps set careers and regulations of factors that do influence America. Some of them can vary in topics from your race, crime, prisons, policing, and courts. Organized crime may be defined as systematically unlawful activity for profit on city guide interstate and even international scale. Crime organized keeps their illegal operations percent and members confer by word of mouth. Gangs sometimes become sufficiently symptomatic to the call organized. The act of engaging in criminal activity as a structural group in referred in the United States as racketeering. The criminal organization depends on the part of support from the society in which it extends. It is frequently expedient for it to compromise some of society’s upright memories, especially people in the judiciary, police forces, legislature, and cultivation of mutually dependent relationships with legitimate business. The five factors that influence a justice decision are Constitution, Precedent, Judicial Philosophy, Intent, and Public Opinion. According to an article I read in a book from David O. Carpenter the Constitution states, “We, the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote...
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...3. The US Constitution says very little about the relationship between the national and state government and American Indian nations. However, Chief Justice John Marshall’s Supreme Court decided cases that helped define that relationship and formed the basic framework of federal Indian law in the US. Do you agree or disagree with the opinions in the “Marshall Trilogy”? According to David. Wilkins, “tribal citizens who live within reservations enjoy tribal, state, and federal citizenship.” ** What are the advantages and disadvantages of tribal citizenship? If tribal law conflicts with United States constitutional law, which law should prevail? Why? http://www.bia.gov/FAQs/ Prepared Statement We disagree with the opinions in the Marshall Trilogy...
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...races. In 1667 the first British laws was passed in Maryland to prohibit marriage between Whites and slaves. It also mandated enslavement of any White woman who marries a black man. In 1691 Commonwealth of Virginia bans all interracial marriages and if a White marries a person of color, he or she would be exiled. Maryland soon followed suit. In 1780, Pennsylvania repealed such laws to gradually abolish slavery. in 1843 Massachusetts became second state to repeal miscegenation laws. In 1883, “Pace v. Alabama”, the U.S. Supreme Court unanimously rules that state-level bans on interracial marriage do not violate the Fourteenth Amendment of the U.S. constitution. The ruling held for more than 80 years. In 1922, Congress passed the Cable Act, which prohibited marriages between Whites and Blacks and Whites and Asians. In 1964, “McLaughlin Vs Florida” Supreme Court rules that bans on interracial marriages violates 14th amendments. Finally in 1976, Loving Vs Virginia, the Supreme Court unanimously overturned “Pace Vs Alabama”. In 2000 Alabama became the last state to lift this ban. Judice, Cheryl Yvette “Interracial Marriages Between Black Women and White Men” "Social Issues Surrounding Interracial Marriages" Pg 21 -30 Cambria Press 2008 The author has done research on marriages between Blacks and Whites in America and wrote this book. She has specifically studied the phenomena of Black Women marrying White men. All the research in the early 20th century in interracial relationships...
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... which are relatively isolated from foreign influence, consider “civilized standards” and “views that have been expressed by other nations” to support their decisions. Even though the search for solutions to domestic problems beyond national borders is still a novelty for the US judiciary, increasing communications between international and domestic law and the ongoing globalization of the latter require lawyers around the world to study foreign judicial practice and consider it when resolving domestic legal disputes. In recent years, several Supreme Court Justices of the U.S have looked to the decisions of foreign and international courts for guidance in interpreting the U.S. Constitution. This practice...
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...Study Guide: Adopted by Great Britain, their form of common law Constitutional: establishes basic character, concepts and principles of government, its organization, individual rights and privileges. Outlines duties of branches Federalism: Bill of Rights: Common law: Discovered law because magistrates discovered solutions to disputes by looking to situations in the past. Inductive. Laws because they have always been laws. Equity law: decisions of chancery court were made on the basis of fairness. Equity law begins where common law stops. Laws designed to address justice without criminal intent. (fairness) Administrative law: Rules that govern industry. Ex. FCC Statutory law: Created by government rep. Written law formally enacted by city, county, state and federal legislative bodies. Executive orders- orders from executive branch Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and to petition the government for a redress of grievances. Freedom of speech, press, religion, petition, assembly Laws establish boundaries and allow for punishment of violators, they limit government power, and establish fundamental rights/liberties. They carry sanctions. Policy is adopted to achieve a social goal,they lack sanctions. Laws are passed in the U.S. to support policy. FCC- Federal Communication Commission is an...
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...Medical Marijuana If a substance can make someone who is ill feel better, why keep it from him or her? On the surface this sounds right. People who advocate making marijuana legal for medical purposes take this approach. What could it hurt? A closer look reveals that marijuana should not be legalized for medical use, because young people are given mixed signals about drugs, other drugs can be used that are easier to regulate, and there are more harmful side effects. Marijuana is one of the most abused drugs in America today. It is estimated that close to four million Americans regularly use marijuana. It is often one of the first illegal drugs that young people experiment with (Gassett2). Legalization for medical purposes would send a mixed signal to our youth. Young people are taught at a very early age about the harmful effects and the abusive potential of marijuana. If at the same time, they are told that marijuana is medically benevolent, the result could be confusion. Andrea Barthwell, former deputy Director of the office of National Drug Policy said this in 2004, “Children entering drug abuse treatment routinely report that they heard ‘pot is medicine’ and, therefore, believed to be good for them.” (19). At a time when recreational drug use is at an all time high, it would not be wise to legalize marijuana for medical purposes. The war on drugs begins with young people. If they are confused about whether or not a drug like marijuana is harmful, the battle...
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