Cruzan v. Director‚ Missouri Department of Health U.S. 261 (1990) was a United States Supreme Court case argued on December 6‚ 1989 and decided on June 25‚ 1990. In a 5-4 court decision‚ the court found in favor of the Missouri Dept. of Health. The court affirmed the ruling of the Supreme Court of Missouri. However‚ it upheld the legal standard that competent persons are able to exercise the right to refuse medical treatment under the Due Process Clause and its implied right to privacy. Because
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Question 1 Independence of the judiciary within the doctrine of the separation of powers INTRODUCTORY WITH THE ACT OF SETTLEMENT 1701 British constitutional principle of judicial independence Convention tracking its statutory origin and was enacted in 1701‚ Act of Settlement. The Act formally recognized the independence of the judiciary‚ the main content‚ secure the right to use qualification subject to good behaviour ‚ the removal of the judge (an address of both houses of parliament)‚ and
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Discuss the advantages & disadvantages of following the practice of precedent in a legal sense. Answer:- The doctrines of binding precedent is concerned with the importance of case laws in English legal system. If one case has decided a point of law then it is logical that solution will be looked at in the future. The American Judge‚ Oliver Wendell said ‘the life of the law has not been logic it has been experience’‚ Miles Kingston put it another way: binding precedent means ‘A trick which
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Natural and Divine Law When examining the ideas and relations of divine and natural law many variables must be taken into consideration. Social norms‚ evolution‚ and religion must all be taken into account. When examining natural law we need to examine not only what laws come from morality‚ but at what point did morality come into existence‚ and how that morality came to be. Evolution is the key factor in determining what is considered moral‚ and what is considered necessary. Looking at the state
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Castle Doctrine Arising as a common law theory‚ the Castle Doctrine established the understanding that a citizen has the right to defend their legal place of residence with the use of up to deadly force against an intruder. If the use of force rather than fleeing was reasonable‚ the citizen is free from prosecution since the force was utilized in a self-defense manner. Therefore‚ the doctrine was meant to deter crime and provide public safety through empowering citizens to protect their life and
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Law Case Analysis Material Facts and Source of Law The plaintiff William Shelensky was a director who owned a minority stockholder of Defendant Corporation called Chicago National League Ball Club‚ which operated Chicago Cubs. The Cubs had been suffering operating losses from direct baseball operations from 1961-1965. The director defendant Philip K. Wrigley who owned 80% stock shares did not install lights at Wrigley Field so that the Cubs could not play at night when at home‚ even though the
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To begin with‚ the case as regards Richard and Ernie is related to the Doctrine of Promissory Estoppel‚ which is derived from Equity. According to this doctrine‚ if one party to the contract (promisor) makes a promise which the other party to the contract (promisee) acts upon‚ the promisor is estopped from going back on his promise‚ even though the promise did not provide any consideration. Theoretically‚ by this concept‚ Ernie should be estopped from asking Richard for the remaining balance of
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Contract Law Cases The Offer Meeting of minds: Clarke v Earl of Dunraven and Mount Earl: Yacht races. Letters sent in Communication (in writing‚ speech and conduct): Carlil v Carbolic Smoke Ball Co: pay back 100 if you get influenza. Deposit 1000 The Acceptance: Strictly in response to
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Shui Fabrics Strayer University October 28‚ 2012 Ray Betzell and Chiu Wai’s perspective on Shui Fabrics Economy Ray general manager of the American company feels the disappointment of the low Return of Interest (ROI). In launching this business on Chinese soil there were many barriers from Chinese government. Economically the business venture is more advantageous to the Chinese government rather than the American business because of the high tariffs placed upon American
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I. INTRODUCTION For a stable political system‚ the power holders must be balanced off against each other. Doctrine of Separation of Powers‚ divides the political authority of the state into three distinct branches‚ namely: 1.) The Executive‚ 2.) The Legislature‚ and 3.) The Judiciary. The following three organs of the government represent the people and their will in the country and are responsible for the smooth running of the government. This principle deals with the mutual relations among these
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