... from that by which it is apparently bound, it is a relatively ease mater to "distinguish" the present case from the precious one by ruling that the facts are different in principle and that, therefore the rule of law to be applied is different. It is not uncommon nowadays to apply very weak distinctions in ... that sets the precedent; that is set by the rule of law on which the decision is founded. The rule, which is an abstraction from the facts of the case, is known as the ratio decidendi of the case. The ratio decidendi of a case may be understood as the statement of the law ... appl...

• Word Count: 1792
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... act of storming the building, even without weapons, fits the definition of negligence, as their behavior would be taken as threatening by most people in Prudence's situation. More importantly, the facts above make clear that Prudence was harmed by the negligence - thus, you have proximate cause, a condition necessary for negligence. In fact, given the ... facts, there is a good argument that this was negligent infliction of emotional harm. Negligent infliction of emotional harm requires that the students' actions were "outrageous", that Prudence suffered emotional distress, and ... tha...

• Word Count: 1535
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

... we feel confident in the American legal system." Do you agree with this statement? In your response discuss HOW the play position us to think about the jury system. " It is better that ten guilty persons escape than one innocent suffer." - Sir William Blackstone (Commentaries on the laws of ... a person's guilt. "In rape-murder incidents involving whites or blacks, the probability that the offender will be sentenced to death in Virginia is about 19 percent if the victim is black. If the victim is white, the probability is 39 percent--over two times greater. Black offenders who ... corr...

• Word Count: 1817
• Approx Pages: 7
• Grade Level: High School

... discretion of the judge is influenced by four groups of factors: "demographic features of sentencers, views on crime and punishment, views on the principles of sentencing and view of the facts of the case" (Hebenton & Pease, 1995, p.380). In terms of demographic features of sentencers, most judges reject the idea of ranking crimes in order of severity and instead adopt the ... form. First, the "Billam Guideline Judgement" is described: types of rape offence ordered by seriousness and a checklist for aggravating, mitigating and irrelevant factors. Second, the Appeal Court summary of orig...

• Word Count: 1468
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

... of the United States. Plea bargaining is that bushel basket of practices whereby a prosecutor agrees to: charge a crime or crimes less seriously than the facts warrant. Reduce a charge or charges already issued. Not issue any additional charges. Or make a sentence recommendation all in return for a guilty or a ... guilty pleas. Recognizing that reality, the Supreme Court ruled 5 to 4 this week that defendants have a constitutional right to be informed by their lawyers about the possibility of a plea bargain and the implications of turning one down. The United States court system has turn...

• Word Count: 1290
• Approx Pages: 5
• Has Bibliography

... or rule of law on which a court's decision is founded. Which is 'the reason for the decision', where a judge outlines the facts which he finds that have been proved on evidence, then he applies the law to those facts and arrives at a decision for which he gives the reason, as for the other part of the judgment, Obiter Dictum. As the ... main point is given in the ratio decidendi, the obiter dictum that known as the 'by the way' part is about how the judgment would be different if the situation ... are four ways to avoid the decisions when judges see differently to the decisio...

• Word Count: 1319
• Approx Pages: 5
• Has Bibliography
• Grade Level: Undergraduate

... , there is still that small fraction of the innocent who deserve freedom as much as anyone else This is what being a defense lawyer is all about, doing whatever it takes to defend your clients rights set forth by the constitution. In the legal profession there are two arguing sides in every courtroom ... just and right? Who defines it? Morality is an internalized sense in every human being of what is just. "It is not something that can be read about in a text and then fastidiously employed"(Heafy 1). Morality plays a large part in today's legal system. It is a part of the "lawyers" life....

• Word Count: 2152
• Approx Pages: 9
• Grade Level: High School

... off of breathing oxygen. When you are breathing in smoke to your body it is causing your lungs to deteriorate. In the article "Facts Parents Need to Know About Marijuana" the author explains, "Marijuana users may have many of the same respiratory problems that tobacco smokers have, such as chronic bronchitis ... out whether alone marijuana causes cancer because many people who smoke marijuana also smoke cigarettes and use other drugs. Also in the Article "Facts Parents Need to Know About Marijuana" the author states, "Marijuana smoke contains some of the same cancer causing compounds as ...

• Word Count: 1892
• Approx Pages: 8
• Grade Level: High School

... to the Moore's flaw in which the Moore's Flaw has been all around us. How do the facts work in relation to one another? Moreover, in these parts I have been asked to examine how the facts work in relation to one another so the reader has already noticed the fact that I have already ... specified but as we know that as a person like us we would like to find out more information about everything and in more detailed. Therefore, in 1965, ... in the research and development of all the companies which has been stated in the "IEEE Spectrum ", 2007. Furthermore, as I have already specified the...

• Word Count: 1587
• Approx Pages: 6
• Has Bibliography
• Grade Level: High School

... When this is done, the jury is "impartial" which is not always the case. The history of the jury is really long and has a lot of facts; I"ll try to break it down. In the beginning of the jury system, the qualities looked for in a juror are very different than what we look ... century there was the view the juries "could ignore judges, juries had the right to decide questions of the law as well as facts, unlike today were juries just decide facts and the judges decide the law (30). In essence these juries were basically deciding the law. In this time juries provided the best ... could ha...

• Word Count: 1546
• Approx Pages: 6

... of the polis as citizens and those individuals that were either conquered by or in accord with the polis are not considered citizens of the polis based solely on these facts. There must be other determining factors when applying the rules of citizenship. But is this aspect of Aristotle's citizenship a part of our world today? In the case of the United ... ...

• Word Count: 1786
• Approx Pages: 7
• Has Bibliography
• Grade Level: Undergraduate

... citizens and voters to the Legislative Branch by which they are represented. Works Cited Abortion. http://www.aclu.org/ReproductiveRights/ReproductiveRights.cfm?ID=9025&c=143 Abortion2. http://www.othmerinstitute.org/facts/factsheet4.html#VT ACT60. www.act60.org/gov_signs_act60_reform.htm ATG. www.state.vt.us/atg Branches. www.vermont.gov/egovernment/branches.html EEO. http://www.vermontpersonnel.org ... ...

• Word Count: 2371
• Approx Pages: 9
• Has Bibliography
• Grade Level: High School

... , pain, and fear of death in the terminally ill; they also have demonstrated some potential, as yet unconfirmed, to aid in the treatment of alcoholism" (Inciardi/McElrath, 294). From these facts, it is clearly proven that doctors use illicit drugs on many patients. It makes patients relaxed and free of pain. "Indeed, in a recent informal poll, some 48 percent of cancer ... ...

• Word Count: 1656
• Approx Pages: 7
• Has Bibliography
• Grade Level: High School

... the Crown, representing the State, and the Defence, selects a criminal jury. A lawyer cannot be a juror on the grounds that they have knowledge of law could cloud their assessment of the facts. Throughout Australia a jury usually consists of twelve people. The jury will decide whether or not a person committed a specific action that led to the commission of a crime, or, in civil cases ... ...

• Word Count: 1294
• Approx Pages: 5
• Grade Level: High School

Aboriginal occupation of Australia Archaeologists and prehistorians have dated the presence of Aboriginal people in Australia back about 50,000 years. It has been estimated that between 300,000 and 750,000 Aboriginal people were living in Australian in 1788. Each group had spiritual and economic links with ... . Before 1992 the courts generally accepted that the classification of the colony as 'settled' was a matter of law which was not to be questioned upon a reconsideration of the historical facts, although these facts have been found to be at variance with the legal doctrine that Australia...

• Word Count: 2257
• Approx Pages: 9
• Grade Level: Undergraduate

... punishments. A law professor at Emory University said, "In states, at least nine of ten cases in felonies plead guilty; for misdemeanors 99%-plus plead guilty. About the same number in federal systems, 91% of felonies" (http://els41.law.emory.edu/sites/crimpro/notes/ch17notes.html). The fact that so many cases are ... that he will be charged and later regret not taking it. The most controversial bargain is the fact bargain where they agree to change facts, like amount of drugs, in exchange for a guilty plea. Most fact bargains are made when the defendant agrees to be a witness against s...

• Word Count: 1900
• Approx Pages: 8
• Has Bibliography
• Grade Level: High School

... forced them to think the constitution through to first principles and to set these down, therefore the British constitution was never invented or designed but just grew, so that political facts became constitutional rules. This absence of a written constitution in a single document has led to the British constitution being described as unwritten. However this description is not true, as various elements ... ...

• Word Count: 1942
• Approx Pages: 8
• Has Bibliography
• Grade Level: Graduate

... . Marijuana reduces intraocular (within the eye) pressure. The eye is a very delicate area and one that is hard to deal with, therefore making marijuana extremely useful. After reviewing these facts, the laws against marijuana, especially medical marijuana, seem ridiculous. Each state has the choice of making marijuana legal or not. In 1973 the state Oregon decriminalized marijuana. This law made ... 1970's and the early 1980's. Ten states and the District of Columbia have symbolic laws that recognize marijuana's medical value but fail to provide patients with protection from arrest. The...

• Word Count: 1519
• Approx Pages: 6
• Grade Level: High School

... the defendant, O.J. Simpson, walked away a free man, thanks in part to the legal system that defended him. This is what being a defense lawyer is all about, doing whatever it takes to defend your clients rights set forth by the constitution. Becoming a lawyer is no easy task. It requires years of academic and practical ... just and right? Who defines it? Morality is an internalized sense in every human being of what is just. "It is not something that can be read about in a text and then fastidiously employed"(Heafy, Pg1). Morality plays a large part in today's legal system. It is a part ...

• Word Count: 1479
• Approx Pages: 6
• Grade Level: High School

... the defendant, O.J. Simpson, walked away a free man, thanks in part to the legal system that defended him. This is what being a defense lawyer is all about, doing whatever it takes to defend your clients rights set forth by the constitution. Becoming a lawyer is no easy task. It requires years of academic and practical ... just and right? Who defines it? Morality is an internalized sense in every human being of what is just. "It is not something that can be read about in a text and then fastidiously employed"(Heafy, Pg1). Morality plays a large part in today's legal system. It is a part ...

• Word Count: 1479
• Approx Pages: 6
• Grade Level: High School

... about five members of the Speluncean Society (the "Members"), an organization of amateurs interested in the exploration of caves. One of the members Roger Whetmore ("Whetmore") was murdered, and the other four members (the "Defendants") were convicted and sentenced to be hanged by the Court of general Instances of the County of Stowfield. One of the key facts ... mens rea. They intended to kill with a guilty mind and acted on the killing knowing full well that what they were about to immoral and against the law. Whetmore was eaten on the twenty-third day by the other Defendants in this m...

• Word Count: 1797
• Approx Pages: 7
• Grade Level: High School

... the Real Rape Law Coalition (1991b, cited Stuart, 1993, p97) quoted one complainant as stating: " He threatened to kill me if I told anyone about the assault. He said no one would believe me anyway, adding he would just say I was a slut and consented to it". The assailant was well ... Clark, (1987, cited Smart, 1989, p41) consent was not a matter of a woman's will, or whether she resisted or not. It was about how she conducted herself, the image she portrayed to others. The implication being that by her conduct, she signalled clearly to others that she was the ... During submissions Jud...

• Word Count: 2453
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate

... back on August 5th, 2011 on Real time with Bill Maher, however, I came across it much later. Dr. Neil deGrasse Tyson, an astrophysicist, stating numbers about the congress and the diversity of professions. Dr. Neil deGrasse Tyson stated at the time "57% of the Senate & 38% of the House cite law their ... profession ". He then goes into the fact of litigation and diversity. The facts of litigation as he stated was that a court room rules not on what is right or true but on which side has provided more support towards their ... ). This comes down to those in the Supreme Court that are in t...

• Word Count: 2344
• Approx Pages: 9
• Has Bibliography

Introduction In 2001, Michael and Sarah Dalton were shocked when they read the explicit sexual fantasies they found in their son Brian's journal. The diary told a story about the abduction, rape. And torture of three young children. Brain never intended for anybody else to see or read his work, it was his private property. Brain was already on ... probation for possessing child pornography. His parents decided to tell his probation officer about the diary hoping that his probation would be revoked for a year or two and he would be able to receive intensive sex offender treatment in an institu...

• Word Count: 2061
• Approx Pages: 8
• Grade Level: Undergraduate

... her rights take precedent over David's and the newspapers right to expression under Article 10.  Once these conditions have been established the above Articles must be assessed on all the facts according as decided in Mosley v MGN Ltd [2008] EWHC 1777.  The aforementioned exceptions to confidence must also be taken in to account when balancing Articles 8 and 10.  The claims of ... in Rio Ferdinand v MGN Ltd [2011] EWCH 2454.  If it can be proved that Charlotte is advertising a healthy lifestyle or indicating that she has not been truthful in any interviews about the abuse then the b...

• Word Count: 2444
• Approx Pages: 10
• Has Bibliography
• Grade Level: Undergraduate