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  • Possession For A Small Amount Of Narcotics
    760 words
    R. vs. Keilty In the case R. vs. Keilty the accused, Keilty, was charged and convicted of trafficking in narcotics. He then appealed to the Supreme Court of Canada on the grounds that the trial judge erred in law. The facts in the case were not disputed but the actual definition of possession under section 2 of the Narcotic Control Act was the issue. The appellant never actually did sell the narcotics nor did he at anytime have possession. It is illogical to convict a person of possession when t...
  • Social Facts In Court Cases
    1,426 words
    Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike". Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree, there are precedents for a...
  • Local Law Schools
    1,656 words
    INTRODUCTION A lawyer is a man or woman trained to deal with legal problems of all kinds. Lawyers advise their clients as to their rights and responsibilities under the law. Lawyers protect the interest of their client by taking legal action when the person's life or property is threatened. They also defend their client when action is taken against him or her. Most judges are lawyers. To people lawyers appear to be a guide who can lead them through a strange land. Besides training, lawyers have ...
  • Seatbelt Violation Law
    362 words
    Rob Kings 5-3-05 Mr. BondLawAtwater V. The City of Lago Vista In Texas it's illegal to drive or have any other passengers in the car seatbelt less, mainly children riding in the front seat. Mrs. Atwater was driving in Lago Vista, Texas with her children in the front seat and nobody wearing a seatbelt. A Lago Vista police officer observed the seatbelt violations and pulled her over. After that he verbally berated her, handcuffed her, put her in the squad car, and drove her to the police station, ...
  • Debtor Of The Obligation To The Creditor
    1,512 words
    Bankruptcy, today, is a very common thing among companies and individuals alike. Sadly enough there were as many bankruptcy cases filed in federal courts, as there were all other cases. The American bankruptcy law allows people to avoid paying their debts, by offering the debtors a discharge, which eliminates all their legal responsibilities. However, bankruptcy is a controversial issue amongst religious members of the Jewish population, for one must question whether it is morally correct to avo...
  • Defamation Libel Case Statements
    1,181 words
    By definition defamation is the act of injuring someone's character or reputation by false statements. Cases of defamation are only considered attacks on if they are made in a vindictive or malicious manner. The person's name is considered not only personal but proprietary right of reputation. Defamation is synonymous with the words libel and slander in terms of law. Defamation is a term that encompasses both libel and slander. Libel is a term used to describe visual defamation; as in newspaper ...
  • Instruction Of The Case Method
    2,632 words
    The Beginning of Law Schools and The Study of Law Up to the middle of the last century, the more popular method of legal instruction in America was the training of young law students in the office of a judge or practicing attorney. Even today a large number of lawyers in the United States receive their training somewhat in the same manner. In order to be admitted into the practice of law, one must pass a bar examination. This exam is conducted by a court or board acting under judicial direction....
  • Provocative To A Reasonable Man
    2,340 words
    Development of Defense of Provocation Question: Critically evaluate the development of common law principles applicable to the defence of provocation in criminal law from the decision in Mancini vs. DPP [1942] AC 1 to Mascantonio vs. R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there other legal means of achieving substantive justice? At the time of the case of Mancini the concept of provocation a...
  • Procedural Law And Substantive Law
    892 words
    Values And Realities Of Economic Sytem In The Communitarian And Libertarian Debate Question 1 In America, the dominant theory that shapes both our public and private laws is the belief in Individualism. Individualism, first coined by Alexis de Tocqueville in 1838, can be described as "A calm and considered feeling which disposes each citizen to isolate oneself from the mass of one's fellows and withdraw into the circle of family and friends; with this little society formed to suit one's taste, e...
  • Current Law Case Citator
    1,389 words
    It is important to remember that these rules are secondary aids, and therefore used only within the context of our understanding of the provision as a whole. They are merely rules of grammar and a judge does NOT have to apply these rules if he or she believes the wording of the Act does not justify their use. Expression Units est Exclusion Alter ius: 'The inclusion of one thing is the exclusion of others. If the legislation produces a list of items then it is logical that other items are specifi...
  • Same Sex Couples At The Time
    1,700 words
    The Ruritania case unveils the making of, not one, but a few very important laws which are linked by one common thread: same sex couples within an ever-changing society. The first premise is that since each decision in law (custom, jurisprudence and edict) affects the next law, timing is the key to dissecting whether or not there were failures to make the law. Additionally, legal acceptance of same-sex couples is a very volatile topic, which has brought about a plethora of public opinion and end...
  • O'neill Vs Phillips Lord Hoffman
    3,152 words
    Introduction - Since 1980 an aggrieved shareholder has been able to apply to the court for an order under section 459 of the Companies Act 1985 that he should be bought out of the company by the other shareholders on the ground that their conduct has unfairly prejudiced him. During the final two decades of the past century this was one of the great growth areas of company law. Almost any problem within the management of a company could be solved by a section 459 applications. However, recent cas...
  • Its Respective Landmark Cases Amendment
    7,114 words
    "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". - Amendment I (LIVELY, 1999) "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 probab...
  • Precedents And Laws
    426 words
    With the accelerating pace of social and circumstances alteration, the adaptation and flexibility of laws, which deeply affect each citizen, are essential and necessary. If laws are too rigid and fixed, the spirits of laws may not fit the situation as time goes on. In a spacious country, like America, it is impossible to use a sole set of laws in the whole territory because the customs and the history in each state may not be the same. So, proper separation of the legislative and executive power...
  • Case To The End And Justice
    549 words
    A Civil Action Stephanie Cola Period 2 A Civil Action is based upon a true story that Jonathan Harr, a former staff writer of New England Monthly describes a case that in the legal system that is fascinating and compelling. The story of a impracticable quest by an idealistic young personal-Injury lawyer, whose aim was to prove that two conglomerates, Beatrice Foods and W. R Grace, allegedly polluted the water in Woburn, Mass. a Boston suburb, with carcinogens. Jan had hoped that a victory would ...
  • Theory Of Proportionality Into French Administrative Law
    2,157 words
    Administrative Law – Europeanisation And Proportionality Essay, Administrative Law – Europeanisation And Proportionality What is? Europeanisation?? With regards to the principle of proportionality is this europeanisation a valid idea? What is? Europeanisation? and what effect is it having on our British administrative system? In the last 50 years with the introduction of the European Union there has been a massive impact on both the changing of law in the UK and the way in which powe...

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