UNIT I: The Foundations of Government The Purposes of Government 1. Example: 2. Example: 3. Example: 4. Example: Types of Government Autocracy Define: Oligarchy Define: Democracy Define: Monarchy:
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First Amendment: How the constitution affects the filmmaking. 2. Codified Law: a. Federal Statutes (laws) b. State Statutes c. Local Ordinances/Laws. E.g.: LA requires every film getting a permit to shoot. 3. Judicial Decisions: Doctrine of Stare Decisis (let the decision stand). Common law. Court decisions make law. 4. Administrative Agencies (Regulations): FCC
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Gideon v. Wainwright Gideon v. Wainwright‚ 372 U.S. 335 (1963)‚ is a landmark case in United States Supreme Court history. In the case‚ the Supreme Court unanimously ruled that state courts are required by the Sixth and Fourteenth Amendments of the Constitution to provide lawyers in criminal cases for defendants unable to afford their own attorneys. Facts: In 1961‚ Clarence Earl Gideon had been charged with burglary for breaking into a pool hall in Panama City‚ Florida and taking beer‚ wine‚ and
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RATIO DECIDENDI AND OBITER DICTUM The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way). RATIO DECIDENDI - The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision‚ for which he gives the reason
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Question 1 Identify the various sources of Malaysian Law Written Law The sources of law consist of written law and unwritten law.In written law‚it have federal constitution‚state constitution‚legislation and subsidiary legislation. Federal Constitution Malaysia is a federation of 13 states with a written federal constitution . Article 4 of the federal constitution of Malaysia provides that the federal constitution is the supreme law of the country . The constitution is a unique expression of
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While every country has its own set of laws and rules the question of what is law is not so easily defined. Here in the United States the definition of law means a set of rules and regulations and to the social institution that creates‚ implements‚ and enforces these rules and regulations (Barkan pg. 21 2013). The United States law derives from Common Law from England. The ancient law of England is based upon societal customs and recognized and enforced by the judgments and decrees of the courts
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Order Code 97-589 Statutory Interpretation: General Principles and Recent Trends Updated August 31‚ 2008 Yule Kim Legislative Attorney American Law Division Statutory Interpretation: General Principles and Recent Trends Summary The Supreme Court has expressed an interest “that Congress be able to legislate against a background of clear interpretive rules‚ so that it may know the effect of the language it adopts.” This report identifies and describes some of the more important rules
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Are Judges Manipulative Courts have a certain system that one would expect that everyone would adhere to. Unfortunately‚ it seems as if judges have their own agenda. Stare decisis is supposed to be adhered to but judges like to put their own spin on things. Precedents are like word games to judges. They love to play around with them and change them to their liking. Judges use judiciary interpretation to manipulate the law by deciding that the precedent is sufficiently different from the
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parliament. Courts enact the judge-made law‚ also called common law‚ Parliament lays down statutory law. From s109 of the Cth Constitution law‚ when there is a contradiction between common law and State legislation‚ common law “prevails”. Common law is stare decisis‚ it allows judges apply doctrine of precedent to later cases having similar facts. When interpreting the law‚ courts makes decisions based on doctrine of precedent‚ however there are no exact two same cases‚ decisions contains majorities’ subjectivities
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were governed by different systems of law. William the conqueror gained the English throne in 1066 and began standardizing the law. “Itinerant justices” were able to discuss the various customs of different parts of the century. The principle of ‘stare decisis’ grew up and by 1250 a ‘common law’ has been produced. Common law is the basis of our law today. It is an unwritten law that developed from customs and judicial decisions. However‚ common law was very technical and had a lot of loopholes as it
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