COMMON LAW ORIGIN OF THE 4TH AMENDMENT As is the case with the majority of the legal pronouncements that comprise the Bill of Rights‚ the Fourth Amendment is based on the English common law that was extant in England in the 1600s and 1700s. In fact‚ the Fourth Amendment was directly inspired by three British legal cases – two of which were adjudicated in England and one that was tried in the American colonies in the 1760s. The two cases tried in England‚ Wilkes v. Wood (1763) and Entick v
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change of heart. Thus‚ I shall take this time now to discuss the selection process of the trial by jury and its pros and cons. To begin with a jury is a collection of twelve randomly selected persons between the ages of 18 and 65 from the electoral roll. They are all registered voters and are resident citizens of the country who have resided therein for more than five years. The history behind the jury selection process is that the leaders of the country believed that it would be fairer to have
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On Monday‚ March 21 2016‚ I attended a civil jury trial at the Bergen County Justice center located on 10 Main Street in Hackensack‚ New Jersey. The name of the case was Russy vs. Hackensack University Medical Center. The docket number was 003606. The plaintiff was Vanessa Russy‚ her attorney was Michael J. Maggiano and the defendant’s attorney was Louis A. Ruprecht. The judge was Rachelle L. Harz. The plaintiff‚ Vanessa Russy was seeking damages from the defendant‚ her former obstetrician-gynecologist
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Katena J. Brooks INT- 244 World Religions January 27‚ 2013 Anthony Colombo Affirming Common Roots In reading Merton’s quote at first glance I was in disagreement with him‚ however‚ after carefully reading the quote several times and dissecting it I came to both understand and agree with his overall view. According to the Merriam-Webster the definition of Conjecture is merely one’s interpretation of what is according to their experiences‚ etc. (Merriam-Webster‚ 2013). Merton’s quote
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UNIVERSITY SCHOOL OF LAW LAW OF EQUITY ASSIGNMENT IAN NDUNGU WAWERU DLAW/112/00101 DISTINGUISH BETWEEN EQUITY AND COMMON LAW LECTURER: MARK WAGIA Common law‚ defined by Oxford Dictionary‚ is law that is derived from custom and judicial precedent instead of statutes. Equity‚ on the other hand‚ is a branch of law‚ which developed alongside common law‚ and is focused on fairness and justice. But aside from their descriptions‚ there are other differences between common law and equity.
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The origins of labour law can be traced back to the remote past and the most varied parts of the world. While European writers often attach importance to the guilds and apprenticeship systems of the medieval world‚ some Asian scholars have identified labour standards as far back as the Laws of Hammurabi and rules for labour–management relations in the Laws of Manu; Latin-American authors point to the Laws of the Indies promulgated by Spain in the 17th century for its New World territories. None of
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American Laws Mandatory Authority Court decisions that are binding on all lower courts. Ex: The Constitution‚ the enactments of the legislative branch of government‚ and the case law decisions of the judicial branch of government. Mandatory authority is legal authority that the courts must follow. The decisions of the Supreme Court are mandatory on all lesser federal and state courts. The highest appellate court of a state are mandatory authority for the lesser courts. An ex; of Mandatory Authority
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I. Introduction The role the jury trial plays in criminal cases is fundamental to the American scheme of justice.1 The right to a jury trial is rooted in our legal tradition2 and is articulated in the U.S. Constitution.3 This protection extends back to British common law‚ and serves as a check against government oppression by ensuring that a defendant’s fate lies in the hands of a jury of ordinary citizens rather than the government’s prosecutor or judge.4 Coupled with the presumption of innocence
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Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree‚ there are precedents for
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Week 1 Law 421 Role and Functions of Law Paper Contemporary Business Law LAW/421 Role and Functions of Law Paper Based on reading from the week 1 material and the case brief given from week 1‚ there will be an explanation of how the Supreme Court’s language and results of the case reviewed show the preemptive power of congress in upholding the laws set forth by congress in opposition from the State Law. There will also be a review of the rulings effect on other
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