Golden Rule Of Interpretation-Comparision Between English Law And Indian Law INTRODUCTION The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear‚ plain and unambiguous‚ then the courts are bound to give effect to that meaning‚ irrespective of the consequences. It is said that the words themselves best declare the intention of the law-giver. In law‚ the
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Chapter Four – The Exclusionary Rule Vicente Farias Jose Martinez The Exclusionary Rule The Exclusionary Rule – Evidence obtained in violation of Fourth Amendment cannot be used at trial – The primary purpose of the exclusionary rule is to deter police misconduct – What other purpose does the exclusionary rule have? The Exclusionary Rule In Mapp v Ohio (1961)‚ the Court stated that any evidence seized in violation of the Fourth Amendment could not be admitted into any court‚ state or federal
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The exclusionary rule is a term used to refer to the legal principle in the United Sates‚ which holds that evidence analyzed and collected in violation of a person’s constitutional rights. It is sometimes admissible for the persecution of criminal in the court of law. To protect the constitutional rights‚ an exclusionary rule might be considered as an example of a prophylactic rule which is created by the Judiciary. In most cases‚ it is used to protect the constitutional rights of a person such
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Discussion Questions Answer the following in complete sentences. 1. Explain the exclusionary rule and how it applies to civil liberties. The exclusionary rule is a judicial rule that use of evidence which is obtained in violation of the law is unacceptable. This often refers the rights of courts where they are able to exclude such materials that violated the Fourth Amendment. Since civil liberties are rights that individual has to be against the unjust governmental actions‚ the government does not
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"exclusionary rule" until they know what is stated in the Fourth Amendment. The Fourth Amendment and the exclusionary rule go hand in hand. The Fourth Amendment was put into the constitution to limit on the actions of overzealous officers (Peak‚ 2006). Then‚ one must understand what is meant by "probable cause." Armed with this information‚ we can discuss the definition of the exclusionary rule and some of its history. Also‚ we will list some of the advantages and disadvantages of the exclusionary rule and
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Should the Exclusionary Rule be Abolished? John Doe University of Phoenix Criminal Procedure CJA350 Mr. Instructor Feb 07‚ 2006 Should the Exclusionary Rule be Abolished? Does the exclusionary rule protect the guilty? For years people have argued if the exclusionary rule is significantly helping the rather obvious criminal. By abolishing the exclusionary rule some people fear the whole purpose of the fourth amendment would be violated by using evidence attained illegally. If the proper
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Should the exclusionary rule be abolished? My answer to that is no. The exclusionary rule is one of the fundamental ways the rights of the all people are protected. Mainly the rule is to protect you from police power. If the exclusionary rule was abolished you will more than likely see police brutality on the rise. Officer’s‚ Detectives‚ etc will cut corners and otherwise ignore the basic rights of the people they serve. If the rule was abolished we will see sometimes innocent people put in
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The Exclusionary Rule was put in place to prevent the government from using evidence that was gathered illegally in violation of the United States Constitution. Evidence that was obtained from an unreasonable search and seizure that violates the Fourth Amendment or Fifth Amendment are found admissible in court under the Exclusionary Rule‚ if no exceptions apply. The establishment of the Exclusionary Rule was due to the rulings of several Supreme Court cases where it was found unconstitutional for
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Ashley Polston ACP Comp P3 November 18‚ 2014 Justified or Not In the film Cider House Rules‚ rule breaking and deceit are somewhat justifiable acts that the characters use out of selfishness. Homer Wells is an orphan that grew up in an orphanage in Maine in the 1940s. The orphanage was directed by a man named Dr. Wilbur Larch. As Wells grew‚ Larch took the initiative to take him under his wing and teach him to be an unlicensed‚ skilled doctor. One ordinary day‚ Candy Kendall and Wally Worthington
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an important rule called the parol evidence rule exists. This rule states that if the contract is entirely in writing‚ no other evidence which would add to‚ alter or contradict the contract is accepted. This essay will deal with analyzing the application of parol evidence rule and whether Australian courts should or should not provide remedies for breach of contract where the promise concerned was not included in the written contract. The rationale of the parol evidence rule is that the existence
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