Common Problems in Law Enforcement Course Principles of LPSCS Unit II Law Enforcement Essential Question How does the enforcement of criminal laws present problems for law enforcement personnel and how can we best resolve those issues? TEKS §130.292(c) (7)(E) Prior Student Learning Criminal laws Estimated Time 7 to 9 hours Rationale There are common problems that exist when attempting to enforce laws against crimes such as electronic crimes‚ hate crimes‚ hot pursuits
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Once the facts are determined‚ the judge will then make the application of law to the facts to determine which party would succeed. The doctrine of judicial precedent is important because it is the ratio decidendi of a previously decided similar case‚ decided by a higher court to the current facts that will decide the solution of the case. 1 JUDICIAL PRECEDENT The weight or authority of rules of law derived from cases may vary. These relative weights are determined by the
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PREFACE This assignment throws glimpse on the important aspect of the Equity and trust-‘CONCEPT OF EQUITY’. The law relating to equity is largely built on precedent. The rules have been built upon by previous situations which they have dealt with. Equity" may generally be defined as the correction of a defect or error in the law. This idea is apparently of ancient origin‚ tracing back at least as far as Aristotle‚ who defined equity as an exception to the rule where the lawgiver ’s pronouncement is
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Maxims and Equity Equity in its broadest sense means fairness. Within the legal system it’s known to be a body of law that looks at all concerns which fall separate from the jurisdiction of common law. It allows courts to use their discretion and apply justice in accordance with “natural law”. Dictionary.com’s definition of maxim is “an expression of a general truth or principle‚ a principle or rule of conduct”. Maxims of equity can be described as an established principle of fairness. They
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the development of equity. This gives an overview of a selection of these maxims‚ examining them in varying amounts of detail and identifying many of the particular areas of the law which have been affected‚ and which are dealt with later in the book. These include‚ for example‚ the maxim ‘where the equities are equal the first in time prevails’‚ and its effect on priorities and conflicting interests‚ and the maxim ‘equity acts in personam’ and its effect on the operation of the law outside the jurisdiction
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of Equity Introduction Before the Norman Conquest of 1066‚ there was no common law system‚ law was written in codes influenced by Roman law and created by local kings. Shire courts and hundred courts were responsible for law enforcement. The legal system was mainly based on custom and tradition by the intervention of god. The law was often reformed‚ being how the king wanted it to be. The Lord Chancellor‚ who was the chief legal administrator of the kingdom and the king‚ made their own law which
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Equity Maxims 1. He who comes to equity must come with clean hands * D&C Builders v Rees – Lord Denning. A small building firm did some work on the house of a couple named Rees. The bill came to £732‚ of which the Rees had already paid £250. When the builders asked for the balance of £482‚ the Rees announced that the work was defective and they were only prepared to pay £300. As the builders were in serious financial difficulties‚ they reluctantly accepted the £300 “ in completion of the
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caught by the SOF Judge decides all issues in equity = decree enforced through powers of contempt (no jury‚ no trial) = compliance incarceration Buyers cover‚ sellers mitigate (there’s no opportunity to cover) Chapter 1. Introduction [The study of judicial remedies: Rights & Remedies] Ex Aequo et Bono: according to equity and good conscience RIGGS v. PALMER * F: Grandson killed grandfather to gain inheritance * Letter of the Law would have awarded a murderer vested title
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In common law‚ a formality among judges was developed‚ typified by a reluctance to deal with matters that were not or could not be processed in the proper form of action. In other words‚ if a person did not follow the proper procedure or done an error in the formalities‚ the person making the claim would lose the case even though that person obviously suffered a wrong. It is one of the equitable maxims that ’Equity looks to the intention and not the form’ which stands that it is fair to look at the
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Long-term financing requires a meticulous understanding of the various features of debt and equity and their impact an organization. While evaluating debt and equity‚ an investment banker also has to consider the unique characteristics of the organization’s dealings while ensuring that the organization’s requirements are met. Debt CapitalDebt capital includes all long-term borrowing incurred by the firm. The cost of debt was found to be less than the cost of other forms of financing. The relative
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