In a criminal court case the process dictates the non-substantive issues relating to prosecuting for a crime. Procedural rules can also specify a statute of limitations for bringing a case‚ which is a time limitation on filing a civil suit with a court or on prosecuting a crime. A prime example of a procedural law might be the law that says that within 48 hours of detention‚ a person must be apprised
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Loi Truong "Shall" is frequently used in statutes‚ laws and regulations. Whenever we try to explain a particular law or provide advice in relation a particular law‚ it is inevitable that we simply replicate the word "shall" as it is used in the statutes‚ laws and regulations. Nevertheless‚ the use of the word "shall" does not convey the right meaning in the context of what we are writing. Oftentimes‚ "shall" functions as a "directive" when used in statutes. On the contrary‚ when we are explaining
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defeat other types of law within their domain. Thus‚ a state constitution defeats all other state laws inconsistent with it. The U.S. Constitution‚ however‚ defeats inconsistent laws of whatever type." 3. "When a treaty conflicts with a federal statute over a
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The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history‚ as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968‚ its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms‚ Mauritian private law is based on the French Code Civil while public law and commercial law
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its judicial branch such authority. Part II: Judicial review in the United States Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty‚ or to review an administrative regulation for consistency with either a statute‚ a treaty‚ or the constitution itself. At the federal level‚ there is no power of judicial review explicitly established in the United States Constitution‚ but the doctrine has been inferred
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decision maker is given a choice of options within the statutorily imposed boundaries”... Put simply‚ where a decision maker has been granted discretion by the wording of a statute‚ e.g. “the minister may”‚ that discretion must be exercised in the manner which the statute provides for. However it should be noted that within a statute‚ discretionary power may be laid out in the precise manner in which the legislators intend it to be used or in a manner where only a basic objective is outlined. Therefore
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RE: Peters v. Detman This memorandum assesses the merits of Anne Peters’ in West Palm Beach‚ Florida‚ for possible claims against Don and Betty Detman for intentional infliction of emotional distress and for violation of Florida’s Spite Fence statute. FACTS Anne Peters owns the property at 915 Sea Crest Drive in West Palm Beach‚ Florida. Peters‚ who is seventy-three years old and was widowed fifteen years ago‚ has lived at this address for most of her life. About six months ago‚ Don and Betty
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Protection and Affordable Care Act (PPACA). Obamacare is a United States federal statute created and enacted during the reign of President Obama. This statute was mainly created to increase the quality of health insurance and its affordability in the country as well as lowering the uninsured rate through the expansion of insurance coverage and reduce the cost of healthcare. Despite in the around for about seven years‚ this statute has continued to cause controversy in the Congress‚ in the courts‚ and among
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Week 3 : Week 3 - LAW304_Midterm 1. Court decisions and statutes can take away rights created by the United States Constitution. (Points : 1) True False 2. The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by state statute. (Points : 1) True False 3. E-mail accounts of employees that are created through their employer are private only if there is a door that can be closed to ensure others
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BUSI 2601: BUSINESS LAW CHAPTER 1: THE ROLE OF LAW How Do We Define Law? 1. Law is needed to protect persons and property; it prohibits conduct that society believes to be harmful to others. The law punishes a wrongdoer who is found guilty of such conduct‚ and usually also give the vistim a right to obtain compensation from the wrongdoer. It prescribes simple but vital rules that allow us to get on with our everyday lives. 2. Law gives government the powers to act for the benefit of society
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