Introduction to Law Series Part 1 - Law (What is Law?) In its broadest sense, means any rule of action or norm of conduct, applicable to all kinds of action and to all objects of creation. In a strict legal sense, law is a rule of conduct, just and obligatory, promulgated by legitimate authority, of common observance and benefit. (Sanchez Roman) Law is: 1.) A rule of conduct; 2.) Just; 3.) Obligatory; 4.) Promulgated by legitimate authority; 5.) Of common observance; and 6.) Of common benefit
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the Constitution” with this unjust act, various everyday-Americans-turned-activists took the fight to the Judicial Branch to stop their ethnic group from being discriminated against, persecuted, and detained. Notable figures included Gordon Hirabayashi, Fred Korematsu, and Mitsuye Endo who each did their part to combat their President’s unconstitutional order. According to Oyez.org, a judicial archive of the Supreme Court, during Hirabayashi’s case, “The Court ducked the thorny relocation issue and
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No class Monday What is contract? Restatement 2nd of contracts a contract is a promise or a set of promises for the berach of which the law gives s remedy, ror the performance of which the law in some way recognizes as a duty. A contract is subject to legal enformcent. Promisuar and a promisee A bilateral contract it can be both promisaur and promisee. A contract is a statement that there are future obligation on one party or the other. If paid all cash it’s a mere transaction
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2016, pp. 490). • The right to the presence of an attorney, either hired by the defendant or appointed by the court (Remy et al., 2016, pp. 490). These protections, otherwise known as the Miranda rights, are based on the previous case (or precedent) known as Miranda v. Arizona (1966). Ernesto Miranda was arrested for the kidnapping and rape of an 18-year old woman. Being found guilty of both crimes, the US Supreme Court overturned the conviction stating that his rights were violated; the police
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duty.” This power was absolute, unfettered and not subject to any judicial scrutiny. From this source, it came to find a place in the Constitutions of India and the USA as well as the Constitutional structure of Britain. However it could hardly survive in its unrestrained nature in the democratic systems of these states. Over a period of time, it became diluted in the U.K. and U.S.A. to a limited extent through the exercise of judicial scrutiny. But its greatest dilution has occurred in India. The Supreme
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the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. Justice Holmes also dismisses the trimester analysis because it: “outlines the permissible restrictions the State may impose in each one, for example, partakes more of judicial legislation than it does of a determination of the intent of the drafters of the Fourteenth
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County District Attorney Henry Wade was not only symbolic of the progress of women’s rights, but an indication of judicial activism and its potentially damaging affects. It began as a fight for an unmarried young woman and her desire to terminate her pregnancy, even though it did not pose serious physical danger to her health. But, in the process of this struggle, an unprecedented judicial involvement emerged. II. This paper will first provide the necessary expository information, highlighting
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1. This Court should adopt the balanced, fact-based approach laid out by the First and Second Circuits. This Court should adopt the First and Second Circuit’s approach because this approach follows this Court’s precedent and accurately assesses motive and opportunity. The Second Circuit has developed a balanced approach to establishing whether or not similar motive is present in a case. See United States v. DiNapoli, 8 F.3d 909, 914 (2d Cir. 1993). The Second Circuit held that the inquiry as
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uniform laws) * Administrative law (administrative agencies: federal, state, local) * Case law 2) Secondary sources of law * Books , articles 3. The common law tradition 1) Stare decisis * Two aspects * Controlling precedents (binding authorities) * Departures * Persuasive authorities 2) Equity * Remedy, courts of law(king’s courts), remedies at law(legal remedies) * Equity, chancellor, courts of equity(chancery courts), remedies in equity(equitable
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Holocaust became well known, the victorious Allied powers decided to hold war crimes tribunals to punish the political and military leaders of Germany and Japan. The Nuremberg and Tokyo trials were the first of their kind in establishing international precedent for the prosecution of war crimes. Later war crimes that were committed in Yugoslavia and Rwanda resulted in the creation of separate tribunals by the United Nations to punish the leaders who perpetrated these acts. Attempts are being made to set
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