without a warrant‚ Suzy swallowed two ‘uppers”. Portions of the capsules were recovered by the police with the use of the stomach police. What constitutional issues will be raised by her attorneys? Explain. The fourth amendment protects citizens from illegal search and seizure. Her attorney would probably argue that the police officer had violated her right that is protected by the fourth amendment. A search warrant is only granted with in an event where there is a probable cause. The warrants
Premium Fifth Amendment to the United States Constitution Criminal law Miranda v. Arizona
liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for omissions since their relationship gives rise to duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers’ liability originated in common law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957 - which imposes an obligation on occupiers with regard to ’lawful visitors’ Occupiers Liability Act 1984 - which imposes liability
Premium Tort law Tort
Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law and rules of
Free Common law Law
We live in a legal system in which we all have a duty to protect other persons from harm. The question the court must examine is what degree of duty exists under what specific circumstances. Although there were some attempts in the late 19th century to develop a general test‚ there was no accepted test until 1932. Ø The neighbour test The classic formulation of the ¡®neighbour¡¯ test of Lord Atkin in Donoghue v Stevenson [1932] AC 562 is the most frequently cited attempt to rationalize
Premium Law Common law United States Constitution
Sources of Law Constitutional Law (Federal and State) Statutory Law at the Federal Level Statutory Law at the State Level Local Laws of Cities‚ Countries and Towns Common Law Court Decisions-provide interpretation or clarification of the law stare decis Custom Federal Court U.S. is a party Federal question-arising under federal law Diversity of Citizenship Jeff Bauman v. Dzhokar Tsarnaev – Civil or Criminal? If Jeff Bauman was to sue‚ it would be a civil case because the individual
Premium Common law Contract Jury
Form THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to assert that causation is
Premium Causality Criminal law Causation
MEGAN’S LAW PROTECT THE CHILDREN OR THE PEDOPHILES Megan Kanka was an innocent little girl‚ someone’s daughter‚ sister‚ and best friend. The defendant‚ Jesse Timmendequas‚ changed all of that. He changed it brutally‚ savagely‚ and permanently. In a few moments of unspeakable horror‚ the defendant destroyed all of Megan’s dreams‚ all of that joy‚ all that hope‚ all that promise. In those few moments‚ he destroyed Megan Kanka’s life. She would never live to see her wedding day‚ never have
Premium Sex offender
Supp. 1490 (S.D. Iowa 1991). The summary must not exceed 500 words. 3. Explain the basic rules of vertical and horizontal stare decisis. Team Homework No.2: 1. Present two judgements from the same case - Donoghue v. Stevenson [1932] A.C. 562 (House of Lords) - one majority and one dissenting. Answer the question: Which one you prefer and why? 2. Present two judgements from the same case - Escola v. Coca Cola‚ 24 Cal.2d 453 [1944] - one majority and one dissenting. Answer the question: Which one
Premium Brown v. Board of Education United States Coca-Cola
spewed forth its smoke and ash. The rhetoric and ideology of the rule of law and the criminal Nazi state do not allow for such complications. The [sic] is the lie of law after Nuremberg‚ just as it is the lie of law after Auschwitz. Law continued while six million died. (p.145) David Fraser’s thesis‚ in LAW AFTER AUSCHWITZ‚ is that there is little to distinguish between our fundamental understandings and practices of law and those of German lawyers and judges between 1933 and 1945. He aims to refocus
Premium Nazi Germany Law Vichy France
“Environment” Ambiguous definition Natural resources E.g. nature‚ bio-diversity‚ climate Not looking at human-made‚ artificial environment Most landscape is seen as human made There is no one single treaty on environment but instead many different laws that address several different issues‚ both domestically and internationally 1970s – Environmental issues pop up Stockholm Conference (1972): First UN conference on environmental issues On the “human environment” Seen as a starting point on
Premium Kyoto Protocol European Union Global warming