... PA 205-01 Unit 1 Assignment * Read case study * Describe the difference between legislation and case law The main difference between legislation and case law is who makes them. Legislation (or statutory) law consists of laws that are passed by the legislature, that is legislative branch of the U.S. government, or other governing agency. Examples of legislation include rule regulations and statutes. Judges can interpret what legislative law signifies if a dispute arises about a particular statute’s meaning. Also, a judge can declare a statute unconstitutional if it conflicts with the U.S. Constitution or state constitution. Case law is court or judge made law. It is also referred to as common law. Case law, on the other hand, is not based in origin by the government or legislature but evolves with new decisions made by a judge or court (Cheeseman & Goldman, 2010). * Answer Questions 1. List a statute from the case study and explain what it prohibits The statute in the case of Texas v. Johnson was Texas Penal Code section 42.09(a)(3). This statute prohibited disorderly conduct by a citizen. The Cornell Law School’s Legal Information Institute (LII) noted that in this case, Gregory Johnson’s desecration of a venerable object (the U.S. flag) was viewed as disorderly conduct and a direct violation of this Texas statute ("Texas v. Johnson"...
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... | | |(position, name, surname) | |E-mail address |Leave blank | | |Phone number |Leave blank | | Position Nr.__________ REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL ______________________________________ (title of the EU legislation proposal (in English)) | Reference to the EU document |COM(2010) 524 final | |1. Summary of the EU Legislation Proposal | |The global economic and financial crisis has exposed and amplified the need for greater co-ordination and enhanced surveillance of | |economic policies in the economic and monetary...
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...E-mail: as.lpf@cbs.dk www.cbs.dk/departments/mpp 2 The Categorical Imperative Analyzing Immanuel Kant's Grounding for a Metaphysics of Morals By Anders Bordum Keywords: Categorical imperative, discourse ethics, duty, ethics, monologic, dialogic, Immanuel Kant, Jürgen Habermas, self-legislation, self-reference. 3 Abstract In this article I first argue that Immanuel Kant’s conception of the categorical imperative is important to his philosophy. I systematically, though indirectly, interconnect the cognitive and moral aspects of his thinking. Second, I present an interpretation of the Kantian ethics, taking as my point of departure, the concept of the categorical imperative. Finally, I show how the categorical imperative is given a dialogical interpretation by Jürgen Habermas in his approach, usually referred to as discourse ethics. I argue that the dialogical approach taken by discourse ethics is more justifiable and therefore more usefuli. I The Synthesis of Rationalism and Empiricism The philosophy of Immanuel Kant (1724-1804) is in the main inspired by two different schools of thought. Classical rationalism and classical empiricism. The basic difference between classical rationalism and empiricism is that they have opposing views on questions concerning the prime sources of knowledge and the constitutive role of reason. Rationalism traditionally maintains that it is possible to obtain knowledge by reason alone, that everything is in...
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...1. What are the main sources of Scots Business Law? A: The main sources of Business Law are UK Parliament (West Minister), European Parliament and Scots Legislation. Also, the others are Judicial Precedent, Institutional Writers and Custom. 2. Judicial Precedent is Superior to Statutory Law. Do you agree with this statement? A: I disagree; the judicial precedent is formed from a case law, it’s known to be the most important source in common law. A law which is implemented by the judges from a case outcome, if the case law from past outcomes is regularly used in future cases in court, then it is foreseen as ‘in active use’ by the court, therefore, the law is presented to the Superior | Common Court for proceedings. A Statutory Law is the Highest of all binding laws, and this law is made by Parliament in Superior Courts. A Judicial Precedent law is made in Common Court | Superior Court, the Superior Court has higher authority over the common court. 3. Give an example of Judicial Precedent? A: My example for Judicial Precedent Law is the (1932) Donogue V Steveson case. 4. Which is superior Legislative Body: The Westminster Parliament or The Scottish Parliament? A: All main Laws from Scottish Parliament are regulated by UK Parliament (West Minister), Scottish Parliament are then given authorisation for a new legislative act. The legislations are then stated as statutory Laws. So, against Scottish Parliament, Westminster Parliament is the more Superior...
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...[Writer’s Name] [Institute’s Name] Introduction Employment law Employment law is the branch of law which governs the creation, operation and termination of employment, determines the mode of co-workers; the measure establishes safety and disposition of labour disputes. Labour law regulates not processes, and social relations of subjects of labour relations, that is, the social forms of labour. From this point of view of work of the scientist, inventor, writer, and other individual forms of labour are not subject to the regulation of labour law, as performed outside of public relations. Employment law contains rights and obligations of workers and employers. Employment law is characterized by a combination of centralized and local regulations. In the local regulations adopted by agreement of the parties shall be determined daily working hours, set at rest (break), consistent recording of leave and other issues in detail regulate the working conditions of employees. It is important that the rules of local acts do not conflict with federal law. The principle of equality has evolved into demands real equality of opportunity in all areas of life, necessitating the implementation of a full and comprehensive approach to gender equality. It has been important developments in the work related to equality, to equal results, because if people got only equal opportunity, not the liability of government and society in general to guarantee the result and the effectiveness of policies...
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...Financial Service License off ASIC. This license will give the bank the authority to provide different financial services, “provide financial product advice to clients”, “deal in a financial product”, “make a market for a financial product”, “operate a registered scheme”, “provide a custodial or depository service”, and to “provide traditional trustee company services.”. Having fulfilled APRA & AFSL, Victoria bank has accepted the laws controlled by a number of guiding bodies. On top of APRA and AFSL there is the Australian Consumer and competition commission (ACCC), and the Reserve Bank of Australia (RBA). APRA will keep a close eye on the operations that Victoria Bank exercises, to make sure they keep financial promises to their customers and continue been financially established. Under the Banking Act 1959, they could only commence ‘Banking Business’ when they are ‘Body Corporate’, meaning a incorporated company. Managing both retail and business banking, Victoria bank will need to fulfil the legislations and industry codes. The legislations will included the anti-money laundering and counter-terrorism financial acts (AML/CFA) 2006 giving legal commitments to...
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... Q1.Distinguish between the role of Criminal Law and Civil Law in relation to the English Legal System and analyze the purpose the law is attempting to serve in this area. Nowadays, law is very important for every country all over the world. It is known as a system of rules, which every people have to obey that. The Legal system of England gets two main categories: criminal law and civil law. Firstly, Criminal law is one of the two main things of the legal system of England, which is public. Criminal law is the rule for every people who are states and citizens. The government enforces criminal law. ‘Criminal law is concerned with product of which the state disapproves so strongly that it will punish the wrongdoer’ (1, Marsh and Soulsby, 2002). This system was made for criminal or those who are suspected of committing offences. Besides that, the role of criminal law is very important. It has two main important functions. The first function is about protecting citizen. Criminal law is to maintain the social order by protecting individuals from criminal harm. For example: criminal law is protecting people to avoid murder, theft, or arson. The second function protects people from harms in society such as: unsafe foods, pollution, unsafe buildings and sites (Dobson, 1997). Moreover, it maintains and teaches social values as well as social boundaries, for example: speed limits, traffic lights, seat belts, stop signs, and turning signal. Thus, criminal law makes sure that anyone...
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...to report? Commonwealth law What protections are given to reporters? About whom can notifications be made? What type of concerns must be reported, and what may be reported? In what cases can child protection and welfare agencies respond? What are the benefits of mandatory reporting requirements? Are there challenges with the introduction of mandatory reporting? Further reading Authors / Acknowledgements Share or comment Email Facebook Twitter Digg reddit del.icio.us StumbleUpon Leave a comment This sheet examines legal provisions requiring specified people to report suspected abuse and neglect to government child protection services in Australia.1 This document is provided as a guide only. Individuals are encouraged to contact the relevant department or organisation to clarify requirements in their states or territories, or in relation to legislation. For more information, see Reporting Abuse and Neglect: State and Territory Departments Responsible for Protecting Children. What is mandatory reporting? Mandatory reporting is a term used to describe the legislative requirement imposed on selected classes of people to report suspected cases of child abuse and neglect to government authorities. Parliaments in all Australian states and territories have enacted mandatory reporting laws of some description. However, the laws are not the same across all jurisdictions. The main differences concern who has to report, and...
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...Top of Form | | Question 1.1. real property - In English Common Law, real property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth. | Question 2.2. personal property - Personal property is generally considered property that is movable, as opposed to real property or real estate. In common law systems, personal property may also be called chattels or belongings. | Question 3.3. eminent domain - The power the government has to obtain the property of an individual even without the person's full consent. In most countries, including the U.S., the land owner will be compensated for the land at fair market value. This power allows the government to seize land to be used in public enterprises such as roads, schools, or utilities | Question 4.4. condemnation - the seizure, as of property, for public use. | Question 5.5. inverse condemnation - is a term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of Constitution. In some states the term also includes damaging of property as well as taking it. In order to be compensated, the owner must then sue the government. In such cases the owner is the plaintiff and that is why the action is called inverse – the...
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...of life and society and law enforcement is no exception. The technological explosion and the growth of transnational organized crime and the response of the international community to it, has created many new challenges, not the least of which is the impact on the jobs of law enforcement authorities. In a 1989 case, United States of America v. Cotroni, the Supreme Court of Canada, made the following statement: The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies. The pursuit of that goal cannot realistically be confined within national boundaries. That has long been the case, but it is increasingly evident today. The challenge for law enforcement authorities in every nation is that sovereignty, a fundamental principle which grounds the relations of states, is also a major tool in the armoury of the criminal element in our societies. Criminals depend heavily upon the barriers of sovereignty to shield themselves and evidence of their crimes from detection. Organizations which orchestrate transnational crime and which then disperse and conceal the proceeds of their illicit activities the world over, have no regard for national borders. In fact, by structuring their organisations to span borders, they are better able to protect their interests and organisations. They are positioned to take advantage of the differences between...
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...affirmative action legislation, anti-discrimination legislation and managing diversity approaches. Discuss. Equality is the complicated theory to explain because of the wide variety of meaning attached to concept. Depends on the article of Jewson and Mason’s (1986), they express the equality in liberal and radical approach. In the liberal view, equal opportunity, this exists when all individuals are freely able to compete for social rewards. As Webb (1977) said, the liberal approach which is according to a belief in the rights of the individual to universally possible standards of justice and citizenship. The emphasis is on the individual, for example job selection should be focus on the merit of individual which performs fairly. On the other hand, the radical approach is to achieve not only the equal opportunity, but also the equal outcome. Compare to liberal approach, the focus of the radical approach is not on individuals, but on groups. “The ideal of the radical approach is a situation where every workforce is representative of all the social groups available to it” (Kaler, 2001: 53). For instance, although individual who is the group representative, the principle of selection will not choose the merit alone. To conclude, equality can be theorized in liberal and radical approach. Regard to the complicated conception of equality, to get the equal opportunity in employment which also is a complex and huge progress. It requires a mix of affirmative action legislation, anti-discrimination...
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...INTRODUCTION TO LAW II BY: ARIFF HAFIZI BIN MOHD RADZI GROUP: LWA02E Explain the features found in a Civil Law System and a Common Law System. (20 marks) Legal system is basically defined as a system for interpreting and enforcing the law. According to Wu Min Aun, a legal system is a framework of rules and institutions within a nation, regulating the individual’s relation with others and between the individuals and the government. Two most prevalent legal systems in the world are Civil Law System and Common Law System. Firstly, common law is law that became common to the realm which developed in medieval England. It mainly uses evolving bodies of case (judge-made) precedents. Example of countries which applies this type of system is Australia, United Kingdom and India. On the other hands, the civil law carries the meaning of citizen law which said to be derived the word jus sivil (citizen law). It is mainly developed from Roman Law and Emperor’s Justinian’s Code. Countries which use this type of legal system are mainly located in the European continent, for example; France and Italy. This legal system uses codified (or statute) laws which comes from the parliament. Basic feature of the common law system is that, its primary source is case law, neither statutes nor legislation. Legal principles from previous cases are applied to similar facts in later cases. On the other hand, civil law regards statutes/codes as its primary and only official sources. Law are codified...
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...Workplace and Employment Discrimination Issues in respect to Indigenous Australians Social indicators measuring wellbeing have shown that, as a group, indigenous Australians are the most vulnerable group of people who have the lowest economic status. The high unemployment rate is one of the main contributing factors to indigenous Australian’s poverty. In 1996, Australian indigenous unemployment rate was nearly 23 per cent in contrast to the non-indigenous rate of 9 per cent. Indigenous Australians suffer discrimination and face prejudices that are often perpetuated within Societies especially in the area of employment. In 1965 Australia signed the International Convention on the Elimination of all Forms of Racial Discrimination (CERD). In order to fulfill the requirements of the Convention the federal Parliament passed the Racial Discrimination Act 1975 (Cth) (RDA) and the States have passed the RDA’s equivalent Acts to protect all culture groups and races from discrimination. However, in Queensland the RDA and Anti- Discrimination Act can not adequately protect the interest of indigenous people. In order to achieve true equality among all human races, special measures are needed to protect indigenous people from unfair discrimination. 184 words Part one: Anti- Discrimination Act of Queensland 1.1 Indirect discrimination Section 11 of the Act states indirect discrimination happens if a person imposes or proposes to impose, a term- a) With which an attribute...
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...the laws. There are no single criminal justice systems in the United States but instead there are many similar individual systems. A court is an institution set up by the government to control crime, settling disputes through a legal process. The court system decides what the type of punishment should be to those who have committed crimes. By doing so, this helps society in diminishing crime rate. The system also provides a reasonable way to decide private disputes that individuals may not be able to resolve themselves. Adversary process is used by courts to help reach a decision. This process includes both sides to professionally state arguments to the judge or jury that will determine each case and find a solution. The dual court system is two separated court systems that include a state court system and a federal court system. Federal courts are established in the country under the United States Constitution by Congress to decide disputes that involve the Constitution and laws that are passed by Congress. Federal courts only hear the following: cases which involve the United States party, cases involving violations of federal laws, cases between citizens of different states exceeding the amount of $75,000 and bankruptcy, copyright, maritime law cases. In contrast, State courts involve local crimes such as robberies, traffic violations, family disputes, broken contracts etc. However, in most cases both federal and state courts have jurisdictions. Common law is a law that...
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...Assignment: Difference between Law and Morality Instructor: Mr.Garmon Student: Mr. Rupert L.Griffith 03/31/15 The Debate between Law and Morality: Laws are absolute rules prescribed by government representatives, while morality has to do with personal views on what is right or wrong. A major difference between these two concepts is that a law is formal public policy that has consequences for those who violate it. Someone who murders or steals, for instance, goes to jail if found guilty in court. In contrast, someone who violates what others view as a moral standard may have no tangible consequence other than damaged relationships. Laws are sometimes viewed as legislation on moral issues. Many people lean on religious beliefs to frame their moral viewpoints. Politicians and some citizens also point to faith-based principles in suggesting that laws should follow what God commands. Others believe that laws should protect individual rights and freedoms but should not extend to topics viewed as ethical gray areas. In some cases, laws and morals evolve over time based on changing societal views. The Civil Rights laws of the 1950s and 1960s developed as Americans became more supportive of an end to segregation. Sometimes, though, principle-based politicians and leaders look to enact laws based on personal convictions, even though they may contradict the popular opinion of the time. My Position on this View: This would lend itself to the current “Religious freedom Law” recently...
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