Procreate G. Abortion H. Sex I. Medical Decisions J. Control of Information III. Equal Protection A. Constitutional Sources B. Analysis C. Rational Basis D. Race and National Origin 1. Reason 2. Facial Discrimination 3. Facially Neutral Laws With a Discriminatory Impact or With Discriminatory Administration a. The Requirement for Proof of a Discriminatory Purpose b. Is Proof of Discriminatory Effect Also Required? c. How is Discriminatory Purpose Proven? 4. Racial Classifications
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JUSTICIABILITY DOCTRINE & LIMITS (A) AUTHORITY FOR JUDICIAL REVIEW 1) MARBURY V MADISON: i. ROL The Supreme Court of the United States has the authority to review laws and legislative acts to determine whether they comply with the United States Constitution. Class notes on Marbury: (1) Congress was looking at the constitution to augment the US supreme court through legislation (2) Art: 1 Congress Exercise their power to interpret articles 1 and 2
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1). Describe the court hierarchy in Canada‚ including provincial and federal courts 1). The (Court system of Canada‚ ) forms the judicial branch of government‚ formally known as "the Queen on the Bench" which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial. Very generally speaking‚ Canada’s court system is a four-level hierarchy from highest to lowest in terms
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Constitutional Law II Professor Peter J. Smith Fall 2011 Outline Introduction Background 1. Originalism v. Non-Originalism a. Originalism i. Characteristics 1. Historical inquiry. 2. Original meaning of Constitution; intent of Framers; application by first Congress is authoritative. ii. Scalia is a big proponent. 3. Liberals‚ e.g.‚ Stevens‚ occasionally employ originalist methods. iii. Criticisms
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The Parliament of India is the supreme legislative body in India. Founded in 1919‚ the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament comprises the President of India and the two Houses—Lok Sabha (House of the People) and Rajya Sabha (Council of States). The President has the power to summon and prorogue either House of Parliament or to dissolve Lok Sabha.[6] India’s Parliament is bicameral; Rajya Sabha is the upper
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* Law reform is the change in laws as society’s morals and ethics change. Example-capital punishment. * Issue is same-sex relationship and it’s controversial because it’s against religions‚ morals‚ social values and discrimination. * Lady Gaga urged Australians to get on with legalizing the gay marriage because it’s 2011. New York has become the sixth state in USA to legalise gay marriage whereas in Australia‚ NSW labor has voiced support for same sex marriage but has delayed vote on the
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Employment Law Outline General Theme for Regulating/Not Regulating: Structure of Legal Responses to Problem 1. Economic Rational a. Inefficient for government to intervene b. People best at knowing what they want (rational beings) 2. In balance of information between employer/employee (safety) 3. Power inbalances a. Employees may have no other options (captive) b. Employers have more power in general 4. People are irrational‚ don’t know what is best for them 5. Social cost to society from “rational”
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European Parliament History Founded in 1952 as the Common Assembly of the European Coal and Steel Community (ECSC) and renamed the European Parliamentary Assembly in 1958‚ it became the European Parliament in 1962. The first direct elections took place in 1979. The current MEPs were elected during the 2009 elections and will serve until 2014. The evolution of the Parliament is closely linked to a succession of treaties culminating in the current Lisbon Treaty. These treaties define the
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DOCTRINE OF INTENTION IN THE LAW OF COURTS A contract is an agreement between two or more competent parties in which an offer is made and accepted‚ and each party benefits. When we look to see if a valid contract has been formed we look at the formation of the contract i.e. offer‚ acceptance‚ consideration and Intention to create legal relationships. This is an integral part of contract law. In England and most civil law countries existence of a contract depends on a theory that parties intend
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The US Court System The courts are the overseers of the law. They administer it‚ they resolve disputes under it‚ and they ensure that it is and remains equal to and impartial for everyone. In the United States each state is served by the separate court systems‚ state and federal. Both systems are organized into three basic lev- - els of courts — trial courts‚ intermediate courts of appeal and a high court‚ or Supreme Court. The state courts are concerned essentially with cases arising under state
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