...included: Navigation acts, French and Indian war, Pontiac’s rebellion, Sugar act, Stamp act, Declaratory act, Townsend act, Boston massacre, Boston tea party, and the Intolerable acts. These events all played an important role leading up to the revolutionary war. This will explain the importance of these conflicts, and this will express my thoughts and opinions on these events. The first act that took place was the navigation acts of 1660. The first major event that started the process to the revolutionary war was...
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...jurisdiction unto itself. Its power spans the entire United States. Each state is also a jurisdiction unto itself, with the power to pass its own laws. Also smaller geographic areas are separate jurisdictions to the extent that they have powers that are independent of the federal and state governments. Precedent may appear to be mechanical, a simple means of matching facts and rules; it is a more subjective process. Rules, embodied in precedents, are generalizations that accentuate the importance of certain facts and discount or ignore others. Precedent application relies on reasoning by analogy. These analogies can be neither correct nor incorrect but only more or less persuasive. Reasonable persons may come to different yet defensible conclusions about what rule should prevail. A statute is a written law passed by a legislature on the state or federal level. Statutes set forth general propositions of law that courts apply to specific situations. A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society. A statute begins as a bill proposed or sponsored by a legislator. If the bill survives the legislative...
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...explain why you changed your mind. Anticipation Reaction _____ 1. _____ 1. _____ 2. _____ 3. _____ 4. _____ 5. _____ 6. _____ 7. The British government usually left American colonists to make their own laws pertaining to local matters. American colonial trade was severely crippled by British trade laws. The European Enlightenment had little influence on the thought of American colonists. Because they were part of the British empire, colonists were constantly involved in England’s imperial wars with France and Spain. Parliament taxed the American colonists as a way to express its authority over them, not because it needed. the money. Colonists protested the Sugar Act and Stamp Act as violations of their rights as Americans. Colonists protested the Tea Act because it threatened to raise the price of tea. _____ 2. _____ 3. _____ 4. _____ 5. _____ 6. _____ 7. LEARNING OBJECTIVES After reading Chapter 3 you should be able to: 1. 2. Define the basic assumptions of the British colonial system and describe its operation. Assess the impact of the Great Awakening and Enlightenment on the spiritual and intellectual life of the colonies. 42 3. 4. 5. Describe the relationship between the French and Indian War and the coming of the American Revolution. Trace the course of key events...
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...Acts such as the Stamp Act, Townshend Acts, and the Boston Massacre, are all different events that summarize how the American colonists were living during the years of 1764, to around 1776, when being held under British rule. Desperately, the colonists wanted change and independence. Even though some people may argue that the colonist were not justified in separating from Great Britain, many believe the American colonists were justified in separating from Great Britain due to the taxation that was placed on them, and the acts of tyranny by King George. And yes, the American colonists were justified in waging war and breaking away from Britain. The taxation that was placed on the American colonists is a prime example of why they were justified in separating...
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...By TWAGIRAMUNGU Michel From RWANDA "Relationship between international custom and international convention" Abstract The relationship between treaty and custom is a topic of great importance in practice and theory. An attempt at unraveling the intrigues involved in this relationship requires an understanding of the formal nature of the two sources of treaty and custom, and of the impact they exert upon each other in the search for applicable law in a concrete situation by government officials, judges and legislators. The separateness of these two sources is at times not clear, but shall always be maintained. Rules derived from both sources contribute to the body of international law, and they are rules of equal force. The rules thus derived from them may restrict each other in application and conflict in content, thus being conducive to strangeness in law, and may become asymmetrically opposed. This brief description reveals the relationship between treaties and international custom which can influence international practices. That influence can result in different significant consequences for international relations as a whole. This work is concerned with the relationship between treaty and custom at the international level. Introduction There is still no consensus among academics and other interested parties as to what international law is. However, Prof. J. G. Starke has stated that: “International law consists of a system of laws, the majority of which...
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...when employees express their dissatisfaction with management over the current state of the management-employee relationship. The causes of such dissatisfaction are typically matters related to regular wage payment, wage increase or remunerations according to terms of employment contract. Conflict may manifest in the form of peaceful bargaining and grievance handling of boycotts or restriction of output, sabotage and above all absenteeism which could be grouped into formal and inform. It should be noted that the absence of strikes does not imply or mean there is no industrial conflict because such conflict could be express latently or covertly. FORMS OF CONFLICT AND HOW IT CAN BE AVERTED: Leadership Style This style of leadership is importance to ensure team work, and creates harmony in a group by connecting people to each other whereby leadership style is being used against the employee.an autocratic leadership style will definitely breeds conflictual atmosphere. Poor Communication Poor communication creates uncertainty between the employer and the employee that leads to stress and conflict. For instance, a worker may be waiting for his employer to deliver key information so they can complete a task on time. If the employer does not respond to the worker's request for specific information or neglects to keep the worker in the loop, the worker may begin to worry that their set target will not be delivered in a timely manner which the employer may use against them in their...
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...Daniel Walker (1554) What was the short term significance of World War One for Britain’s Empire in India? The First World War (WW1) would prove to embody the climax of British colonial ideologies and strengthen India’s international profile as an evolving nation. The Indian contribution to the war was extraordinary and Gandhi’s conscription efforts for the British Army was based upon the premise of fighting for ‘the good and glory of human civilisation’ – a contrasting attitude to the one displayed in the initial stages of the Second World War (WW2) when he boycotted the recruitment drive. At the start of the war in 1914 Britain was the world’s dominant power however WW1, although concentrated in Europe, threatened global British diplomatic authority and it was John Buchan who stipulated that the war only ‘blew the dry winds toward the Indian border… where the parched grasses await the spark’. In context, his prognosis prophesises the effects the war would have on not only the British government but on Indians also, whose tide of nationalist thinking was to be fortified. Word count: 292 Word count: 292 Word count: 558 Word count: 558 A sharp increase in anti-seditious government policy illustrates the embedded British fear of an Indian uprising as a result of the war, how it changed both the social and political landscape of India and enforced the Western ideals of democracy. The focus on the war effort in France, although with logical intentions, exposed the fragility of...
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...“It has been said that democracy is the worst form of government except all the others that have been tried.” Human history has consisted of ever-changing beliefs, philosophies, social orders and politics, all of which have played a role in shaping the modern world. Democracy, through its merits, is one of the most valuable progressions in political regimes to this day, promoting common welfare and equality, granting individual liberties, imposing a responsibility to the people, and allowing for peaceful and steady changes of government. The foundations of modern-day democracy can be found in the seventeenth and eighteenth centuries, with the popularity of enlightenment ideals and the rise of an intellectual community that gave way to a growing criticism of absolute governments. All across Europe and even the Americas, dissatisfaction with the government grew as increased taxes and isolation from the ruling classes led to poverty, and ultimately revolts and disturbances targeted towards the absolute monarchies. In Switzerland and the Austrian Netherlands, urban radicals rejected the authority of Emperor Joseph II in Vienna. The American Revolution began with the colonial elite dissatisfaction with the government in London, while Britain and France had a succession of absolutist leaders who refused to share governing rights. The abuse and misuse of power by absolute monarchs inexorably led to the rise of modern democracy, as evident in the gradual decrease of monarchal power in...
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...Written Case Brief Case Title: Gratz v. Bollinger 2003. The Law: This case involved the Equal Protection Clause of the 14th Amendment, Title VI of the Civil Rights Act of 1964, and 42 U.S.C. §1981. The Equal Protection Clause says that states must treat every person equally under the law. A state can’t discriminate against a person or a group of people for no good reason (“Bill of Rights Institute...”); there must be a compelling government interest to rationalize any type of discrimination. Title VI of the Civil Rights Act of 1964 says that programs that receive federal funding cannot discriminate against a person based on their race. A wronged party can file a complaint with the Department of Justice to pursue a legal course of action (“Title IV of the Civil Rights…”)....
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...Introduction The pure origin of law was founded on the rudimentary platform of customs, or what H. L. A. Hart describes it as “rules of obligation”. It forms the essence of the framework of order within a society. He stated the conditions required for the existence and effective implication of an “obligation” in a society would be the introduction of constrictions on the actions of its citizens and those who oppose the idea of it constitutes the minority of the population. This would effectively conjure social pressure for people to adhere to the rules. This has worked well in primitive societies. However, home to many societies bearing differing culture and religious practices, the sources of law of a modern nation does not simply come from the amalgamation of legally binding customs from respective societies as a solitary and direct source. By far, the law has been compounded, overruled, refined and developed over past centuries under the influences of historical, economical and social events. As such, the sources of law in a developed nation of UK today would involve common law and statutes as the leading sources, supplemented by delegated legislation, academic doctrines, customs, constitution, transnational and European Law. The Ius Commune In 1066, William the conqueror emerged victorious in the Battle of Hastings and became King of England. He unified counties with disparate customary practices into a national legal system, giving birth to common law. The word “common”...
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...England the use of arbitration is older than the common law system upon which English law is based and was a functioning process in use to settle commercial disputes between merchants on market days in the Middle Ages. The Guilds of London and the “The Great Twelve Livery Companies” that date back to the 14th century demonstrated that this practice was of a great importance to resolve many disagreements that were brought within their halls. The English Courts did however perceive arbitration as a competitor to their authority and in particular as a disruption to the revenue that flowed into them as Judges were paid on the number of cases that they had to deal with. The Courts were also suspicious as to the standards being applied in these arbitrations at that time. It was not until the 20th Century that the courts began to recognise the decisions of arbitrators and the close control by the courts over arbitration was slowly diminished. The result of legislation from the Arbitration 1950 Act, the 1975 and 1979 Acts to the Arbitration 1996 Act and the cases that have been decided under the umbrella of these Acts bear witness to show arbitration to be a companion to the judiciary rather than a rival. Commercial entities recognise that Arbitration can be expeditious where the courts and...
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...Insert Name: Insert Course Title: Insert Instructor’s Name: Date: ABSTRACT Administrative decision judicial review is the authority vested to review laws, court decisions, policies, or executive powers relevant to subjudice matters. The judicial reviews have been imposed in many states in search of equity and fair judgments. Judicial review has been made part of Australia’s legal process although there are no clear provisions in the constitution. According to Mark Tunshets,( Jones, Ian. The anisminic revolution in Australian administrative law: an analysis of extended jurisdictional error. Turramurra, N.S.W.: Local Legal, 1998. Print.) Judicial review in Australia has a lot of authority since it is only the high court that can interpret the constitution. Judicial review in Australia is complicated by clause 5 of the constitution. This clause provides that all the amendments done by the commonwealth parliament are binding to Australia. This is because the courts mandated to interpret the law must decide if the law is binding to Australia (Canberra, 2005). The chief justice Marshall asserted that judicial review is incredibly paramount in the Australian legal system(Fordham, Michael. Judicial review handbook. 5th ed. Oxford: Portland, OR :, 2008. Print.). In 1951, justice Fellugar proposed that the principle of Madison v. Marbury is adopted as axiomatic(Johnston, Richard E.. The effect of judicial review on federal-state relations in Australia, Canada, and the United States...
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...ANALYTICAL JURISPRUDENCE (LEGAL POSITIVISM) Synopsis: (i) Socio-economic and historical context on which it arose. (ii) Positivism in Philosophy – the important founder Augustine Cômte. (iii) Its expression in Law – Analytical Legal Positivism. (a) Different aspects of Legal Positivism (b) John Austin (c) Neo-Positivist Trends (aa) Hart’s Concept (bb) Linguistic Trend (iv) Kelsen’s Pure Theory of Law (v) General Appraisal and Critique (1) Socio-economic and historical context Just before 1848 Revolution, Marx says in the development of Bourgeois class there are 2 phases to distinguish: (i) One which constitutes support Absolute Monarchy (ii) The one which constitutes itself as class, overthrows Feudalism and it establishes its own political rule (Bourgeois Rule) The 1st phase lasted for 3 centuries from 16th C – 18th C The 2nd phase roughly from 1780’s to 1840’s. Actually 1789-1848 is called the Ag of Revolution. During the 1st phase, when it is still constituting itself – their philosophical spokesmen are found in NL school – i.e. Hobbes, Locke etc. – Notion of Justice and equality show the core they argue for change against status quo. The philosophy is metaphysical but revolutionary because it is fighting for change against the status quo. 2nd Phase: The triumph/victory of the Bourgeoisie. In this phase – consolidation of the Bourgeoisie clan at the political level - this found expression in the French Revolution 1789...
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...NATIONAL UNIVERSITY «ODESSA LAW ACADEMY» Department of International Law and International Relations TERM PAPER In Legal Philosophy on topic: «Judicial Precedent» By the 1st year student of the 1st group Of the Faculty of International Legal Relations Supervisor: Prof. National scale ___________ Number of points ______ Assessment ECTS _______ Commission members: ___________ _______________________ ___________ _______________________ ___________ _______________________ ODESSA 2014 THEME: Judicial Precedent PLAN INTRODUCTION …………………………………..…………………………… 3CHAPTER 1. Judicial Precedent: generals 1.1. Definition of judicial precedent ………………………………….…... 51.2. The doctrine of stare decisis ……..………………………….……..… 61.3. Ratio decidendi and Obiter dictum …..………………………….....… 7CHAPTER 2. Types of precedent2.1. Verticality ……………………………………………………………. 102.2. Horizontality ………………………………………………………… 112.3. Binding precedent …………………………………………….……... 122.4. Persuasive precedent ………………………………………………… 15 CHAPTER 3. Avoiding precedent 3.1. Distinguishing …………………..……………………………………. 19 3.2. Overruling ……………………………………………………………. 19 3.3. Reversing ……………………………………………………………... 20 3.4. Per incuriam…………………………………………………………… 20 CONCLUSION …………………………………………………………………... 22LITERATURE …………………………………………………………………... 25 | INTRODUCTION At the present stage of development of Ukraine in the framework of the democratic process, there are the emergence...
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...taxation without representation C. Initial skirmishes 1. Writs of assistance against smuggling 2. Proclamation of 1763 3. Sugar Act 4. Revenue Act 5. Currency Act D. Stamp Act crisis 1. Provisions of Stamp Act 2. Indignation in colonies 3. Taxation and representation; increasing opposition a. Virginia resolutions b. Stamp Act Congress c. Boycott of British goods d. Public demonstrations e. Committees of Correspondence f. Sons of Liberty g. Crowd actions 4. Breadth of opposition a. Colonial elites b. Middling ranks c. Laboring classes 5. Repeal of Stamp Act; passage of Declaratory Act E. Internal colonial disputes 1. Tenant uprising in Hudson Valley 2. Tenant uprising in Green Mountains 3. Regulators in South Carolina 4. Regulators in North Carolina II. The road to revolution A. Townshend crisis 1. Provisions of Townshend duties 2. Colonial response, home-spun virtue a. Revival of boycott on British goods b. American-made goods as symbol of resistance c. Reawakening of popular protest B. Boston Massacre 1. Stationing of troops in Boston 2. The massacre 3. Popular indignation C. An uneasy calm 1. Repeal of Townshend duties; withdrawal of troops from Boston 2. Lifting of boycott 3. Persisting suspicions of Britain 4. John Wilkes controversy 5. Anglican church rumors D. Tea and Intolerable Acts 1. Tea Act a. Roots in global commercial developments b. Contents 2. Colonial response a. Resistance in ports b. Boston Tea...
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