only. Next is the States constitution as it deals with each particular state‚ although if there is a conflict with federal statutes‚ federal will override state. Last is the state legislation that are laws written by each independent state. 4.In what types of cases and/or memos would you be most likely to cite case law that is not mandatory authority? Answer: When a case does not have any prior decisions‚ possibly based on a new law or a law that has not been heard in a court yet. Persuasive law
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What is the main purpose of prisons? Although the human society is marching on all the time‚ a variety of crimes such as cheat‚ steal and even more serious kidnapping‚ rape and murder keep happening around us unavoidably. In order to maintain the stability of our countries and punish those people who commit crimes‚ prisons appear. That is the simplest reason for prison establishing‚ and in this article I will analyze the purpose of prisons deeply. Generally speaking‚ despite the punishment
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1 Public Interest Litigation is a good thing when it is used to enforce the rights of the disadvantaged. But it has now been diluted to interfere with the power of the government to take decisions on a range of policy matters Judicial activism is not an easy concept to define. It means different things to different persons. Critics denounce judicial decisions as activist when they do not agree with them. Activism‚ like beauty‚ is often in the eye of the beholder. In India‚ the opening up of access
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happening in our prison here in the united states. One of theses is the use of solitary confinement in our jails. Prisons systems only have one effective way of punishment in prison. The prisons provide the inmates with housing‚ medication‚ and food. Maybe not the best food but it does the job. All of these are basic human needs for survival. Thus makinging them human rights. You cannot take these rights from an inmate. These are the only rights and freedoms they have within a prison. So how do you
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Violent behavior among prison inmates continue to rise. There are certain prison rules that are set by the more dominant inmates and when those rules are broken by the less dominant inmates‚ there are consequences that must be suffered. These consequences include acts of violence being carried out against the “perpetrators.” With dominance being so important to inmates‚ there are often fights to prove who is more dominant. Once the dominance has been established‚ everyone else is expected to submit
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prisoners should have the same access to healthcare as the population outside of prison and that the healthcare given to prisoners should be equivalent to community healthcare. (Council of Europe‚ 1989) In the UK‚ prison healthcare is in partnership with the NHS in an effort to provide healthcare to prisoners‚ equal to that offered to people within the community (Norman and Parrish‚ 2002). Nursing in prison Prison nurses are nurses who practice nursing and deliver healthcare within a custodial
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(a) what is public interest litigation Public interest litigation involves the institution of actions by private citizens in courts to seek redress against public wrongs committed by government or public bodies. It is an adjudication of disputes between private individuals and the state initiated to promote the public good in terms of serving a collective societal interest. In George John v Goh Eng Wah Bros Filem Sdn Bhd & 2 Ors‚ Lim Beng Choon J traced the origin of public interest litigation and
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PUBLIC INTEREST LITIGATION Public interest litigation (PIL) defined as the use of litigation‚ or legal action‚ which seeks to advance the cause of minority or disadvantaged groups or individuals‚ or which raises issues of broad public concern. PIL represents a departure from traditional judicial proceedings‚ as litigation is not necessarily filed by the aggrieved person. Public interest litigation describes the legal implements which allow individuals‚ groups and communities to challenge
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Attitude‚ Legislation‚ and Litigation Attitude‚ Legislation‚ and Litigation Since the beginning of time‚ people with disabilities were shunned‚ killed‚ considered an embarrassment‚ lock away‚ hidden away‚ and sometimes even worse. This attitude slowly started changing in the past 60 years. With these changes‚ came groups and acts to help inform the public and support the disabled and their families. The writer is going to describe how perception has changed‚ how legislation
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Traditional Litigation vs. ADR LAW 531 October 08‚ 2012 Traditional Litigation vs. ADR Solving disputes in the legal realm can be a very complicated and costly endeavor‚ and it is important to recognize the most effective method to reach a reasonable solution. Traditional litigation and ADR are both effective means of solving such a dispute. When comparing and contrasting the best way to solve a civil dispute‚ it is very important to first determine which would be more beneficial‚ traditional
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