In their essay‚ "How Not to Read the Constitution"‚ Lawrence Tribe and Michael Dorf describe the ways the Constitution has been interpreted by different people. Tribe and Dorf make it clear that the idea that the Constitution should be interpreted based on what the framers original intent was is not the way to read the Constitution‚ it takes much more than that. Tribe and Dorf also explain that justices do not interpret the Constitution in a way that would please the readers (the people) on purpose
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As defined by Merriam Webster’s Dictionary‚ the insanity plea is‚ “the claim that the defendant is not responsible for his or her actions during a mental health episode‚” and consequently exempts the defendant from full criminal punishment. Since 1994‚ it has been statistically proven that only .9 percent of criminal cases have used the insanity defense. It was also discovered that .013 percent of insanity pleas are successful. Therefore‚ even though many believe that some defendants take advantage
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In The Hollow Hope‚ Gerald Rosenberg outlines the conditions under which the Supreme Court can accomplish significant social reform. It is through a Conditional Court model that the Supreme Court can overcome powerful constraints of limited rights‚ a lack of independence‚ and a shortage in implementation tools and move towards achieving change. In Brown v. Plata‚ the Supreme Court accomplishes significant social reform consistent with Rosenberg’s Conditional Court model based on an analysis of California’s
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Rather than part of an elitist agenda‚ the modern use of Latin is a reflection of pride and centuries of tradition. Whether used in a court of law or for other academic or scientific purposes‚ Latin remains useful. It allows for the legal language to be richer and more flexible and continues to play many roles in the legal system. Similarly‚ in scientific fields‚ Latin provides a precise and concise way of sorting the genus and species of living organism‚ with permanence. Although Latin is considered
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3. The Bill of Rights- guarantees basic individual liberties 4. Probable Cause- reason to believe someone has committed a specific crime based on evidence 5. Stare Decisis’ (precedents)- requires the judge to recognize earlier similar decisions before making the final ruling ( judge made laws are precedents) 6. Search Warrant- any police entry of an individual’s home always requires a warrant issued by a judge that authorizes law enforcement to conduct the search. 7. Jurisdiction-
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Crucible by Arthur Miller‚ there are similar storylines with motives. The authors in both novels engendered tension within their characters by inducing an oversensitive scenario as in infidelity. The Scarlet Letter and The Crucible tend to delineate precedents of adultery within romantic triangles that cause a major controversy in which a pandemonium occurs due to the citizens of their hometowns feedback. In The Scarlet Letter‚ Hawthorne portrayed a perverse yet conscience-stricken romance between
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below‚ detailing the benefits and defects of both types of rules. More recently‚ the Rule of Law encompasses both rules (mainly Statutes) and judiciary-made rules. Statutes are necessary to limit judges’ ultra vires but at same time‚ judiciary precedents are needed to ’complete loopholes’ within these general statutes. As seen throughout the discussion‚ notwithstanding defects/benefits statutes and judiciary-made rules have‚ both are incident to the Rule of Law. Greek Debate over what is incident
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Exam Answers Question 1 Statutory Interpretations is the process by which Judges interpret Acts of Parliament in cases.75% of cases heard by the Horse Of Lords are concerned with Statutory Interpretation .When it is called upon to deal with a problem of interpretation ‚the Court does two things here. Translation is what happens first‚ here they decide what the word means‚ then secondly they apply the correct meaning to the situation in question and decide on the results (in terms of the intention
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due to the precedent was leading to inadmissible results and that an objective test was possibly too rigid; not allowing any room for factors that could differentiate a defendant’s mind to that of an “ordinary‚ reasonable bystander” into account‚ such as age or mental illness. The boys’ convictions were reversed and the Lords departed from their previous decision on the basis that two of the previous decisions the House had made conflicted. The House decided to follow the previous precedent of R v Cunningham
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a tax-free transaction or the opportunity to continue to be involved in the future of Gillette and P&G. That being said‚ one method of valuation using precedent transactions shows that P&G’s premium offer over Gillette’s share price is well below historical averages. With only a 20.1% premium compared to a ~50% premium from precedent transaction‚ it seems that Gillette shareholders should be looking for a higher premium. Also‚ a discounted cash flow of Gillette on a standalone basis values
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