Void-for-vagueness requires that criminal statutes clearly define the conduct it is for. Laws that are vague violate the due process clause of the U.S. Constitution (Byrne Hessick‚ 2016). In the case of People v. Gabriel (decided September 5‚ 2012)‚ we see a good example of vagueness in laws.
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Chapter 1 Review Legal Environment 1. Describe the 4 primary sources of law: a. Constitutional- Federal Supreme law of the land. Gives us our rights‚ outlines powers of government and delegates powers to different branches of government. b. Statutes- Federal and State Laws. Uniform Laws: codified laws written down. The Uniform Commercial Code (UCC) facilitates commerce and governs trade in state‚ out of state‚ and on Indian reservations. c. Administrative rules and regulations- Federal regulation
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Care Contact Centers Ltd.[1] in December 2006‚ it was common ground that an employee could not claim civilly a remedy or benefit conferred to him or her by employment standards legislation because such legislation was viewed as a "self-contained statute‚" that exclusively governed the scheme or process for enforcing any contravention of its provisions. However‚ after the Supreme Court’s decision in Macaraeg‚ there were‚ for a brief period while Macaraeg was under appeal‚ two inconsistent lines of
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seizure under the Fourth Amendment‚ in the absence of probable cause that the fleeing suspect posed a physical danger. The Federal District Court rejected the legal action‚ upholding the constitutionality of the officer’s action and the statute
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the Parliament by constructing the relevant statute granting the power to the body or authority. In doing so they read in between the lines or rather write in between lines of the statute‚ the presumed‚ implied intention of the Parliament. This is called the legal construct of the statute or statutory construction. Consequently‚ most of the Administrative law concepts and doctrines are Judge made law‚ which have to be read in conjunction with any statute delegating power to a official‚ body or tribunal
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on his body. (TENNESSEE V. GARNER) When this encounter took place the officers were acted in line with the Tennessee state statute. Part of the statute stated that "if‚ after notice of the intention to arrest the defendant‚ he either flee or forcibly resist‚ the officer may use all the necessary means to affect the arrest." (TENNESSEE V. GARNER) According to the statute they were completely just in shooting Garner. But did Garner really pose a threat to the world
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Admin Law: Anglo-Canadian Constitutional History Definition of Admin Law as discussed in class “admin law is about ppl getting screwed by gvt” power is exercised by public officials – esp exec (statute‚ or royal prerog) Admin is control of that power o Creates legal parameters – from cml‚ statute‚ constitution Created by Cts (supervise)‚ legislature (who delegate)‚ and agencies themselves (use delegated power) Admin law also provides for relief‚ where use of power transgresses parameters
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you‚ close to the edge of the bridge is a big man. • If you push him‚ he will hit the tracks and stop the train. • What do you do? Why? Many sources of law exist as guideposts. Divine Law Natural Law Statutes Constitutions Administrative Law Ordinances Common law and case law Divine law • Over the ages‚ beliefs as to the sources of law have changed. Early in human history‚ laws were thought to be sent from God and were usually announced
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Law Notes 1. Law: set of statutes and rules that individuals within a society are governed by and are compelled to follow Statute: law passed by government you must follow unlike a rule which you can’t be punished for 2. Jurisprudence: wisdom/knowledge/skill in law -- the science that deals with investigations of concepts‚ notions‚ and principles of legal thought. It enables us to explore origins of law and legal institutions. It also helps clarify the principles on which they were founded. It allows
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with is that the law is not ambiguous and must be exempted from interpretation and subjectivity. The Statute states that‚ “Whoever shall willfully take the life of another shall be punished by death‚” according to the facts of the case Whetmore and the survivors deliberated for hours on the matter before they willfully and unanimously decided the course of action. Thus‚ directly applying the statute‚ the judgement went against the survivors and they were awarded the death penalty. I disagree with Justice
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