In Jurisprudence‚ there are two philosophies subscribed to about judicial interpretation. Judicial Activism argues that it is less about literal phrasing of the words and more about how the words could be interpreted in today’s society‚ and a strict constructionist believes that every word in the law is written very carefully‚ and therefore would just interpret the law considering exactly how it was constructed into mind. Justice Brennan’s argument that the 8th amendment would deem the death penalty
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Thesis This paper will discuss the stand your ground laws and also the castle doctrine. These laws play a big role in today’s society and also‚ at times create a blurry line in terms of self defense. This can be seen in the case of Trayvon martin and George Zimmerman. This was when an unarmed black teen by the name of Trayvon Martin‚ was shot and killed by George Zimmerman‚ the unofficial neighborhood watch man. Zimmerman stated that the death occurred due to self defense and that the case fell
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The Doctrine of the mean tries to find a balance in the various moral virtues (also known as the golden mean). Aristotle believed that virtue is linked to emotions and emotions have a cognitive part. Virtue is a choice‚ within a mean. To fully understand Aristotle’s Doctrine of the Mean‚ we need to understand what he thought about moral virtues. It is only then that we can fully grasp the concept of the Doctrine of the Mean and see if it can help guide us in morally relevant and difficult situations
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United States‚ was the author of the Monroe Doctrine. The Monroe Doctrine was drafted as a part of the president’s annual message to Congress in 1823. This document expressed three principles: Europeans powers can no longer make any further efforts at colonization in the Americas‚ the United States would abstain from getting involved in the wars of Europe‚ and European powers were warned not to interfere with Latin America. In the Transcript of Monroe Doctrine (1823)‚ Monroe stated that the American
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__________________________________________________NIRMA UNIVERSITY AN ANALYTICAL STUDY AND APPLICABILITY OF THE DOCTRINE OF REPUGNANCY IN INDIA ABSTRACT “The distribution of powers is an essential feature of Federalism. The object for which a federal State is formed involves a division of authority between the Central Government and the State Government. The tendency of federalism is to limit on every side the action of the Government and to split up the strength of the State among co – ordinate
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Aims and Outcomes I will describe how precedents are applied in court and explain the rules of statutory interpretation. Firstly I will explain what a precedent is. Precedent “In common law legal systems‚ a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts” Example Let’s say that a Court establishes that it is illegal for people to smoke or be in possession of Tobacco
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Lords has declared that the system of precedent is an indispensable foundation providing certainty in the law. Explain how the system of precedent operates to pursue the goal of certainty whilst ensuring that certainty does not result in rigidity. Judicial precedent: A judgment of a court of law cited as an authority for deciding a similar set of facts; a case which serves as authority for the legal principle embodied in its decision A judicial precedent is a decision of the court used as a
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the plain view doctrine in context to a legally executed search warrant of a suspects hard drive in order to find evidence of a particular crime being investigated. When an officer searches a physical location while executing a search warrant and discovers evidence of another crime other than the one being investigated‚ that evidence is said to be in “plain view‚” which can be seized and used to support a criminal prosecution. Many courts have simply applied the plain view doctrine to computer searches
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regulations‚ or by judges through binding precedent ‚ normally in common jurisdictions. The doctrine of separation of powers The doctrine of the
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The Doctrine of Discovery violated human rights of the indigenous people. Every law principle has come from The Doctrine of Discovery. The Doctrine of Discovery was a way for the Europeans to justify colonization of the Americas. The Europeans made sure to justify their power over all the land and resources of the indigenous people. The Europeans believed that the Indians were not Christian which meant they did not have the right to land. The founding fathers such as George Washington and Jefferson
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