Leading up to the late 18th century, Colonial America had been running and watched over by Great Britain. Even though they were two separate continents, America was deemed as Britain’s property, and everyone living in Colonial America was expected, and some could say forced, to...
Bartleby’s Affects on the Lawyer In Herman Melville’s story story, “Bartleby, the Scrivener”, a lawyer tells the story of a strange scrivener that had once worked for him. The scrivener, Bartleby, is strange because of his refusal to do anything with the calm reply, “I...
When one is asked to name a famous person who changed America, they will usually state the obvious: Dr. Martin Luther King Jr., John F. Kennedy, Abraham Lincoln; some would even go back to the very founding of the country and say Thomas Jefferson or...
Materials of the case Harriton v Stephens gave the High Court an opportunity to make a morally and socially important decision that was legally justified, as it managed to do for wrongful birth. However, the court’s reluctance to acknowledge the legal rights of an individual...
There will be two legal processes rather than one even though it was a single offence. The first act that you have committed which falls under the criminal section is that you punched Jason in the face, knocking him over and fracturing his skull. This...
In law, there are two major theories that describe and justify punishment: utilitarianism according to which punishment should be given to avoid further harm and retributivism which comes in to ensure that there is justice. Defenses ensure that individuals who never freely commit a crime...
The state has 13 special courts to hear cases of atrocities against women. The state government has decided to start 100 fast track courts in the next five years. The procedure of reserving 25 of these 100 fast track courts to exclusively deal with crimes...
In the re Delhi Laws Act case, it was for the first time followed by the Supreme Court that except where the constitution has vested power in a body, the way of thinking that one organ should not complete functions which basically belong to others...
Introduction I believe that Martin Luther King Jr brought awareness to the civil rights cause by harnessing the power of the media and the public which led to change in the public’s attitude towards black people. However, he couldn’t have succeeded without the change to...
Introduction I chose Thurgood Marshall for my research project because I really didn’t know much about him and what I did know about him sounded very interesting. This man was a real hero because he fought for the rights of other people. He fought against...
Businesses all have procedures in place that must be followed when any legal, regulatory or ethical concerns are raised. Legal concerns will need to be considered as soon as the business is aware of them and must be acted upon immediately as legal issues could...
Insanity is the state of mind where the person is not in control of his actions which in the ordinary condition of mind, a prudent person would not indulge in such a discourse. There may arise circumstances where due to such a condition, the thinking...
The idea of Rule of Law is one of the integral building blocks of a Modern democratic society. Furthermore, the laws are made for the welfare of the people to maintain peace and harmony between the conflicting forces in society. Moreover, one of the prime...
Recently, the Supreme Court of India (“SC”) in Kinnari Mullick (“Appellants”) v. Ghanshyam Das Damani1 (“Respondent”) has ruled on the power of the court to relegate the parties to the arbitral tribunal, when award passed by the same arbitral tribunal has been set aside under...
The law hasn’t always been this way. A generation ago, the traditional rule was that a seller of alcoholic beverages would enjoy legal immunity for harm caused by a drunken customer. The prevailing theory held that it was the customer’s voluntary consumption that directly caused...
One of the most well-known tenets of English law is that a person ‘should not be judged strenuously by reference to the awesome specter of his past life.’ This very well established tradition has led to the oft-cited rule of evidence law which prohibits reliance...
The United States Constitution’s Fifth Amendment requires that all people are given equal due process rights and a violation of those rights violate the constitution. The defendant, Johnson, argued that his convictions “should not be considered violent felonies and the Armed Career Criminal Act was...
The question states that Johari offered Ben to purchase his yacht, Thunder for RM2 million by posting a letter to Ben but Johari wanted to revoke the offer that he made. Meantime, Ben immediately posted a letter of acceptance to Johari that he wanted to...
Formalism is the outlook that law is an autonomous realm where key decisions concerning landmark or hard cases may be settled on or made exclusively through an application of legal concepts rather than looking at the law’s social consequences or depending on contentious moral or...