dissatisfied with an administrative decision has long been able to complain about the fairness of the decision-making process but not the fairness of the decision itself. English law has recently developed a doctrine of ‘substantive unfairness’ by which an expectation about the outcome of a decision-making process can be protected by the courts in a strong sense. The strength of the protection given under this new doctrine seems to blur the distinction between process and outcomes‚ which leads judicial
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***Quiz 1**** Question 1 of 20 5.0/ 5.0 Points The search for the correct result essential to criminal procedure in a constitutional democracy means to: I. convict the guilty. II. plea bargain in weak cases. III. search for truth at any cost. IV. acquit the innocent. A. I‚ II‚ III‚ IV B. b. I‚ II‚ III C. c. I D. d. I‚ IV Answer Key: D Question 2 of 20 5.0/ 5.0 Points The trend today in balancing results and means in criminal justice: A. a. continues to be strongly
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“veil of ignorance” is a model for adopting principles of justice and was derived from an unpublished document of the same title written by Wilfried Hinsch. The concept has been submitted as a solution for equalizing people’s personal interests and doctrines as a means for allowing the political conception of justice to be successful employed. Rawls forwards the concept of the veil of ignorance as a solution to the
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Appeals‚ U.S. District Courts‚ and state courts answer constitutional questions the Supreme Court hasn’t answered yet—and often never will (Amsterdam 1970‚ 785). * Explain the difference between the fundamental fairness doctrine and the incorporation clause. Fundamental fairness Doctrine: Notice to defendants of the charges against them; A hearing on the facts before convicting and punishing defendants Incorporation clause: which defined Fourteenth Amendment due process as applying the specific provisions
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alcohol without full identification. Nevertheless‚ it has been illustrated through various case law that; deception is at the core of the doctrine of entrapment. The rationale behind the doctrine of entrapment is two-folds. Firstly‚ it illustrates that “every court has an inherent power and duty to prevent abuse of its process...” in which practically the doctrine of entrapment works “to prevent the abuse of power”. Thus‚ fundamentally‚ the courts are upholding the rule of law. It is a vital role
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prior claim to a firm’s income and assets before both common and preferred stockholders. Moreover‚ in a bankruptcy all debtholders are treated equally as a single class of claimants. a. True b. False (25.5) Doctrine of fairness FK Answer: a EASY 3. The basic doctrine of fairness under bankruptcy provisions states that claims must be recognized in the order of their legal and contractual priority. a. True b. False (25.5) Standard of feasibility FK Answer: a EASY 4. The primary
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paying the price for the mistakes and selfishness of the 1%. Some of the moral and economic implications are fairness‚ care and loyalty. Fairness in that the Government should be run by the people instead of being influenced by the big corporations. I saw a sign from one of the Occupy Wall Street protesters that said “Private Ownership of Industry is Theft”‚ that is an example of the fairness the movement is fighting for. The lack of proper education and healthcare‚ the bailout of the banks and the
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and half miles away from where the nearest search team originally started looking. 2.) Exclusion would not result in fairness. Evidence has demonstrated that at the time of unconstitutional interrogation‚ a search was already in place for the victim‚ and the body would have inevitably been found. This means had there not be illegal conduct by the police officers‚ the fairness of the trial would have remained the
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The first supreme court case that impacted fair use was Sony Corp. of America v. Universal City Studios‚ Inc.‚ 464 U.S. 417 (1984). In Sony Corp. of America‚ owners of copyrights on television programs brought infringement actions against manufacturers of home videotape recorders. The Court argued that the situations in which fair use most commonly recognized are found in the statute itself; when a work is used “for purposes such as criticism‚ comment‚ news reporting‚ teaching‚ ... scholarship‚ or
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not apply to Rawls’ theory. C) What remedies might you deduce from Rawls’ theory that would address the injustices toward American Indians? John Rawls‚ of the most important political philosopher‚ is primarily known for his theory of justice as fairness. This theory was established in order to build and maintain govern a modern social order. Rawls’ theory is the building blocks of a society where the people have equal opportunities for personal or political aspirations. His theory also would help
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