...Definition of Due Process of Law and Its Origin Gerald Thomas Strayer University POL 110 – U.S. Government Professor Turner January 26, 2012 Definition of Due Process of Law and Its Origin Due Process is cherished by conservatives as one of the most significant legal principles to emerge from the English common law tradition. The origins of due process are generally understood to be contained in chapter 39 of the Magna Carta, which declares that “No freeman shall be arrested, or detained in prison, or deprived of his freehold, or outlawed, or banished, or in any way molested; and we will not set forth against him, nor send against him, unless by the lawful judgment of his peers and (or) by the law of this land.” Largely through the efforts of the famous English jurist Edward Coke, the phrase “ law of the land” was replaced in legal parlance over time with the expression “due process of law.” At his urging, the fourth article of the Petition of Right (1628) reads “ That no man of what estate or condition that he be, should be put out of his land or tenements, nor taken nor imprisoned, nor disinherited, nor put to death without being brought to answer by due process of law.” The modern counterparts of this article, found in the Fifth and Fourteenth Amendments of the U.S. Constitution as well as in various state constitutions, read that no person shall be “deprived of life, liberty, or property without due process of law.” As it emerged from the English tradition,...
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...Free Trade Agreement (FTA) FTA & Trade Blocs are the same thing but Trade Bloc is the wider picture. FTA * An agreement between two or more countries to create a free trade area; that us an area in which all barriers to trade among them are removed or modified, although sometimes only for certain specified goods and services. * All barriers -> often not all the barriers are removed * Trading blocs may create FTA with other countries Trade Bloc * It is formed by an agreement among countries to establish links through the movement of goods, services, capital and labor across borders. * A large free trade area or free trade area formed by one or more tax, tariff and trade agreements. * It is the outcome of an agreement between countries to facilitate the movement of goods, services, labor and capital across borders. * Trade blocs can lead to: * Lower financial transaction costs * Lead to economies of scale…via larger markets * Result in cheap cross border transaction costs * Provide greater transparency…via new accountabilities and uniformity of regulations and procedures * Benefits of trade bloc * Trade facilitation via assisting Foreign Direct Investment * An increase in foreign direct investment results from trade blocs and benefits the economies of participating nations. * Lager markets are created, resulting in lower costs to manufacture products locally. * Enabling...
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...Famous Thinkers Paper PHL/458 11/4/2013 Famous Thinkers Two famous thinkers are Dr. Martin Luther King Jr. and William “Bill” Gates. I admire these two famous thinkers for the impact and influence they both have had on society. These two famous thinkers have contributed and positively affected many lives past and present. Both famous thinkers had to overcome hardships and use their creative minds to deal with challenges, obstacles, and issues. These two have changed and created their own history and legacy, which will be written in history books for the world to see. Contributions to Society Born Michael King Jr. in 1929, in Atlanta, Georgia, Dr. Martin Luther King Jr. was the most recognized civil rights leader in history. His father was Baptist minister and raised him to follow in his footsteps as a minister as well. During the civil rights movement Dr. King headed a crusade to help Americans to gain the same human rights, despite their origin or skin color. Dr. King had numerous contributions to society and is remembered for his non-violent movement. Dr. King was honored most for his heroic civil rights activism in the United States as well as a prophet of peace and justice in a world torn by Vietnam. Dr. King led the fight in 1956 to desegregate the bus lines in Montgomery, Alabama. The Southern Christian Leadership Conference appointed him the head position, which was to create racial equality throughout the country using non- violence. Dr. King was most famous...
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...president's state funeral, titled A Thousand Days: John F. Kennedy in the White House, which won the 1966 Pulitzer Prize for Biography or Autobiography. In 1991, when the end of the Cold War released long repressed ethnic, racial, and religious antagonisms, Arthur M. Schlesinger, Jr. wrote a book that raised the discussion of multiculturalism in American society to a new level. Arthur Schlesinger Jr asks in his book: What does it mean to be an American? The classic image of the republic is that of the melting pot where differences of race, wealth, religion and nationality are submerged in democracy. But now there is a new orthodoxy: America as a collection of self-interest groups, celebrating difference and abandoning the idea of assimilation, it’s what we called multiculturalism. This challenging work soon became a popular bestseller and an integral part of college courses across the country. Problematic : Why Multiculturalism is a major problem for America according A. Schlesinger ? I - Emergence of Ethnocentrism In this book, Arthur Schlesinger ask what has become...
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...customers, goods designated “made in Switzerland” are associated with exclusivity and tradition, and is a guarantee of impeccably high quality. In an increasingly competitive business world, the reputation of Swiss products has made it favourable for firms to use Swiss designations to earn extra revenues. Businesses are now using “made in Switzerland” and the “Swiss cross” to indicate the country of origin of their products. This has brought some undesirable consequences, in particular, the misuse and abuse of indications of Swiss designations. In view of these, the “Swissness bill” was proposed to enhance the Swissness of alleged Swiss products, that is, to manufacture mainly with components in obtained domestically in Switzerland. The legislation has great impacts on business operation and consumers’ interests. This essay first discusses the reasons for the proposal of the Swissness bill under globalisation. It then further evaluates whether the bill is beneficial from the viewpoints of local producers and consumers respectively. A brief overview of the Swissness bill The draft of the Federal Act on the Protection of Trade Marks and Indications of Source provides a more sophisticated regulation on the indication of geographical source of a product, thereby defining how “Swiss” the product should be in order to label it as being Swiss. Under the proposal, at least 50 per cent of the total manufacturing costs must incur in Switzerland for a product to be labelled...
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...BILL OF LADING FOR OCEAN TRANSPORT OR MULTIMODAL TRANSPORT Shipper Booking No. SCAC Code: MCPU B/L No. MCC262203 REGWILL INDUSTRIES INC. R. CASTILLO ST., AGDAO, DAVAO CITY, PHILIPPINES TEL:63-82-300-0405 MCC262203 Export references Svc Contract 562376 Forwarder's name & address Consignee (negotiable only if consigned "to order", "to order of" a named Person or "to order of bearer") MADE OUT TO THE ORDER OF INDUSTRIAL BANK OF KOREA Onward inland routing (Not part of Carriage as defined in clause 1. For account and risk of Merchant) Notify Party (see clause 22) Place of Receipt. Applicable only when document used as Multimodal Transport B/L. (see clause 1) SAMO ECOGREEN CO., LTD LG BUNDANG ECLAT II 613 4,245 SEOHYON-DONG, BUNDANG-GU SEONGNAM-SI, GYEONGGI-DO, KOREA Vessel (see clause 1 + 19) Voyage No. Place of Delivery. Applicable only when document used as Multimodal Transport B/L. (see clause 1) RHL ASTRUM Port of Loading 1302 Port of Discharge Davao City, Philippines Pyong Taek, Korea, South PARTICULARS FURNISHED BY SHIPPER - CARRIER NOT RESPONSIBLE Kind of Packages; Description of goods; Marks and Numbers; Container No./Seal No. Gross Weight Measurement 2 containers said to contain 1200 BALES COCO PEAT NET WEIGHT: 36,830 KGS COUNTRY OF ORIGIN: PHILIPPINES PRICE TERMS: CFR PYONGTAEK DOCUMENTARY CREDIT NUMBER: M04T6301NU00356 37230 KGS 80 CBM SHIPPER DECLARES THE CARGO TO BE (COUNTRY OF ORIGIN: PHILIPPINES)....
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...Charter of Rights and Freedoms. Under Section 15 of the Charter, all Canadians regardless of their (1)“race, national or ethnic origin, colour, religion, sex, age or mental or physical disability” were officially given the right to be protected by the law, and benefit from the law without discrimination. The Charter of Rights and Freedoms (2)“reflect the fondest dreams, the highest hopes and the finest aspirations of Canadian Society” and although “Sexual Orientation” is not recorded under the sections protected from discrimination, it was deemed by the Supreme Court of Canada in the Egan v. Canada, 1995 case to be an equivalent ground to make claims of discrimination; Gay men and women are all equal in rights and dignity and should have protection of those rights. The Vriend v. Alberta case was monumental in that it was not only a conflict to Alberta’s Individual’s Rights Protection Act, but the rights of all homosexuals in Canada based on the Charter Section 15 (1). It was an igniter against the Province of Alberta, the Government of Canada, as well as conservative religious groups. It was a conflict of religious rights versus human rights and which aspect of humanity is of greater importance to Canadian society as a whole. The road to equality has been a long and hard road for all homosexuals, working towards this right the Vriend case was a small stepping stone on this long journey. Vriend demonstrated to society, that as stated in the Canadian Charter of Rights and Freedoms...
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...1. Define due process and its origins. Due process is defined as the administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards. (Wilson, James Q. (2009). American Government (9th Edition). Ohio: Strayed University.) The origin of due process is generally understood to be found in chapter 39 of the Magna Carta. It is also found in the fifth and fourteenth amendments. Due process is cherished by conservatives as one as the most significant legal principles to emerge from the English common law tradition. (Carey, George W. (May 10, 2001). Due Process. In First Principles Journal. Retrieved November 4, 2012, from http://www.firstprinciplesjournal.com/articles.aspx?article=867&theme=home&loc=b). The fourteenth Amendment states: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The fifth Amendment states: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor...
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...A PROJECT REPORT ON Export-Import Process & Documentation towards B2B FOR Hindustan Cargo Ltd. MASTER OF MANAGEMENT STUDIES (MMS) UNIVERSITY OF MUMBAI SUBMITTED TO MAHATMA EDUCATION SOCIETY’S PILLAIS INSTITUTE OF MANAGEMENT STUDIES AND RESEARCH NEW PANVEL UNDER THE GUIDANCE OF Chndrakumar P. Mutha SUBMITTED BY Aditya Ajit Jadhav (2012-2014) Roll No. 139 ACKNOWLEDGEMENT Life of human beings is full of interactions. No one is self-sufficient by himself whenever anyone is doing some serious and important work a lot of help from the people concerned is needed 84 one less specially obliged towards them. I cannot forget acknowledging them in few words as without the guidance & co-ordination of them in my project report would not have been possible. A large number of individual contributed to this project. I am thankful to all of them for their help and encouragement. My writing in this project report has also been influenced by a number of website and standard textbooks. As far as possible, they have been fully acknowledged at the appropriate place .1 express my gratitude to all of them. I would like to extend my heartfelt thanks to Mr. Chandrakumar Mutha, Accounts Head of Hindustan Cargo Ltd. Navi Mumbai Branch for giving me an opportunity to work on this project. I must also thank the management of Hindustan Cargo Ltd. to provide excellent opportunity and environment to be able to pull my project through. Cooperation of the staff is also...
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...worship and praise our God as we choose. We are not demanded to entrust in what a government picked religion tells us we should believe. “Freedom requires religion just as religion requires freedom. Freedom opens the windows of the soul so that man can discover his most profound beliefs and commune with God.” (Goldford). By allowing for freedom of religion it gives people of the United States the opportunity to decide for themselves what their hearts tell them to believe. While the majority religions are Christian based, there are many different religions and beliefs that are being followed in our country. Our freedoms allow us to make these decisions for ourselves and our family. While it appears that our constitution was written with a Christian world view, the first amendment states that our state or federal government cannot show a preference to one religion or another. We cannot be influenced by government to choose a specific religion. The Bill of Rights consists of the first ten amendments of the Constitution. It was developed to protect individual freedoms. It gives individuals the right to free speech, religion, and assembly. While also protecting against unwarranted search and seizures, arrest without probable cause, self-incrimination, and double jeopardy. The Bill of Rights also gives citizens the right to due process, fair legal proceedings. It gives citizens the right to legal counsel and prompt and reasonable proceedings. Bail cannot be given...
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...Civil Rights Act of 1964 Michael Cain ELA2603 - Administrative and Personnel Law Professor Zara Sette August 17, 2012 Abstract The Civil Rights Act of 1964 is the nation's benchmark civil rights legislation, and it continues to resonate in America. The basic tenants of this legislation prohibit discrimination on the basis of race, color, religion, sex or national origin and other protected classes as amended. Passage of the Act ended the application of "Jim Crow" laws, which had been upheld by the Supreme Court in the 1896 case Plessy v. Ferguson, in which the Court held that racial segregation purported to be "separate but equal" was constitutional. The Civil Rights Act was eventually expanded by Congress to strengthen enforcement of these fundamental civil rights (United States Senate - Committee of the Judiciary). In the 1960s, Americans who knew only the potential of "equal protection of the laws" expected the nations political leaders and the courts to fulfill the promise and guarantee of the 14th Amendment. In response, all three branches of the federal government, as well as the public at large, debated a fundamental constitutional question: Does the Constitution's prohibition of denying equal protection always ban the use of racial, ethnic, or gender criteria in an attempt to bring social justice and social benefits (National Archives, 2012)? The simple answer is no. The Civil Rights Act of 1964 In 1964 Congress passed Public Law 88-352 (78 Stat. 241). The...
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...liberties of Americans have expanded in part because of the Civil Rights Act of 1964 this was an act created to prevent discrimination in public places. The act allows all people regardless of race, gender, color, religion, and origin to be treated equally. This act also banned discrimination of employment based on the same reasons. This act years later comes out of the ratification of the 14 amendment that all natural born citizens regardless of race would be given due process and equal protection under the law. The Civil Rights Act of 1964 was a crucial part of history. This law ensured the right of not only black people but all minority. Both Presidents Kennedy and Johnson knew that the discrimination and violence against minorities...
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...Week 1 * Do you trust the government to do the right things most of the time? It’s all really based on you opinion * a 2000 study of undergraduates showed that 64% did not trust the government Why do we care if people are turning out to vote? * Voter turnout is a sign of political efficacy as well as engagement * People who are engaged are more informed, more likely to communicate with their representatives, more likely to advocate for their interests, and hold public officials accountable for their actions. Political culture * The people’s collective beliefs and attitudes about government and political processes * What is it that binds us together as Americans? * Our political ideologies * Our political values – liberty, capitalism, equality, consent of the governed, individualism Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of...
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...Community face many inequalities when it comes to civil rights. LGBT couples or individuals are denied rights to adopt and foster children in some states. They are being judged as bad candidates because of their sexual orientation. Transgender parents battle for custody of their children on the terms that their transition will negatively affect the kids. According to Salek (2013), Since custody agreements try to satisfy the "best interest of the child," the transgender parent is often placed in a bad light because of their transition. Some states refuse to recognize same-sex parents with a legal parent-child relationship. American Civil Liberties Union filed a lawsuit against the Utah State Office of Vital Records for denying a partner...
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...Chapter One – Individual Rights Under the United States Constitution I. History of Criminal Procedure a. The Magna Carta i. 1215 agreement between King John of England and English nobility creating certain civil rights. ii. Due process is referred to as "law of the land" and "legal judgment of peers." Some state constitutions continue to use these phrases. iii. A legal principle which states that no one should be deprived of life, liberty, or property except by proper legal proceeding. The principle is enshrined in the 39th clause of Magna Carta (1215) which provides that ‘no freeman shall be arrested or imprisoned or deprived of his freehold or outlawed or banished or in any way ruined, nor will we (ie the monarch) take or order action against him, except by the lawful judgment of his equals and according to the law of the land’. b. The United States Constitution iv. 1789 v. Bill of Rights – proposed in 1789 and ratified (became law) in 1791. vi. Chapter 1, Page 14 – Provisions of Bill of Rights – Table 1.2 vii. The notion of due process is also embodied in the Fifth and Fourteenth Amendments of the US Constitution, and in Articles 5 and 6 of the European Convention on Human Rights. viii. The reference in the 5th Amendment applies only to the federal government and its courts and agencies. The reference in the 14th Amendment extends protection of due process to all state governments...
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