Research and read the article by Donald Dripps entitled “The Case for the Contingent Exclusionary Rule,” from the American Criminal Law Review (Winter, 2001).
•Based on the article and your current level of exposure to the topic of constitutional criminal procedure, outline your position as to how Dripps’ model would work in the real world.
State whether Dripps’ Model of “Contingent Suppression” is in any way compatible with restorative justice. If not, how could it be made more compatible?
•Provide at least 1 reference
SAMPLE ANSWER
The Exclusionary Rule
With the exclusionary rule in place, problems such as those of political interference of the court system will be resolved given that the highest court has the power to impose any rule that is encrypted in the constitution. The problem of valuation will also be long gone with the exclusion rule in place because it balances the sanctions and the illegal gains of the government. Despite, these benefits, this rule have certain weakness given that it poses a crucial psychological challenge to the judgement. It is not a very easy for the judges to set free a suspect whom they are aware is guilty as charged. In an attempt to deal with this challenge, judges who are on trial are forced to change their truth seeking attention against the tenets of exclusion (Clancy, 2013). On the other hand other judges in the court chambers are forced to interpret the laws on constitutional rights contrary to that of the trial judges. Therefore, it for a fact that amendment on exclusion law remains inadequately implemented.
In his article about contingent exclusionary rule, Donald Drips suggests a model that can be used in the implementation of the exclusionary rule. He says that it is possible to bring together damages and exclusion in order to do develop a much more effective nd sustainable solution to all violations of the constitution. He further adds that courts can be allowed to suppress some of those orders that are considered uncertain in nature probably because of failure of the police force to do is job well (Dripps, 2010). However, friendly as this offer may seem to be, it not so compatible with the theory of restorative justice. As much as the cases are suppressed by the judges, it would be necessary to keep the suspected criminals on probation to take care of the interests of the crime victims rather than allowing the suspect to freely get back to the community and prematurely interact with victims of crime. This way, restorative justice shall have been achieved.
Thomas K. Clancy (2013), ‘The ExclusionaryRule: Is It On Its Way Out? Should It Be?’: Guest Editor: Christopher Slobogin: The Fourth Amendment’s ExclusionaryRule as a Constitutional Right. The Ohio State Journal of Criminal Law, 2013/04/01, Vol: 10, p357
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Capstone Project
Legislative Changes for the Future
Directions:
You have been asked to address a group of the American Association for Retired Persons (AARP) about the roles that the following types of nurses can offer to adults over 50. In one role you are a Geriatric Nurse Specialist in another role you are a REGISTERED Nurse with a BSN.
Explain the difference in the two roles above and the potential impact of each of those roles could have on the health of seniors. Be sure to explain the NURSING role so that your lay audience can understand. You will want to cover the roles separately and what differences in the types of services each could offer.
Knowing the AARP is one of the most influential lobbying groups in the US, are there specific legislative agendas that you would like them to support in expanding the role of nurses?
SAMPLE ANSWER
Currently, it has been evident that the population of the elderly is growing faster as it has never been. It is now the responsibility of nurses and you the American Association for the retired persons (AARP) to assure these old people live long.In the care of this care of the aged you will encounter two categories of nurses.You should be able to differentiate between the two categoriesof nurses. Geriatric nurse specialists are nurses who have advanced knowledge elderly care. This group of nurses possess an extra education on the care of elderly people.
Roles of geriatric nurse specialist
They advocate for the elderly and educate the community against the myths related to old age.
They also act as clinical practitioners who entail assessing and identify problems.
These nurses do research pertaining the aged people.(Brinkman&any Widener University, 2013, Pg.85).
Those having a bachelor of science in nursing offer their services to the elderly just like to any other individual of age.
Differences between Geriatric nurse specialist and BSN nurses
Geriatric nurse specialists have carried out further studies specializing in care for old age people while BSN nurses only have a degree in nursing which Geriatric nurses also have.
Geriatric nurse specialists have management and leadership positions in elderly day health care centers while BSN nurses are their juniors.
They do researches on old age diseases while the BSN nurses do not.
Nurses have a great impact on the society. Their existence have increased the lifespan of the elderly people.
American Association of Retired Persons (AARP) should chip in to provide funds that will help in expanding services of these nurses. They should also inform the society about the import roles nurses play to the elderly. By doing this they will be giving credit to the nurses.
Reference
Brinkman, M. A., & Widener University. (2013). A focused ethnography: Experiences of registered nurses transitioning to the operating room.
Research authoritative articles using the news and the DeVry Online Library (http://library.devry.edu) for a recent case of antitrust investigation. You are
free to choose a case from any industry and any part of the world. Based on the case you have selected, answer the following questions.
1. Why was/were the firm(s) investigated for antitrust behavior?
2. Identify some of the costs (pecuniary and nonpecuniary) associated with the antitrust behavior (firms having power in the market). Additionally, note the specific antitrust act (Sherman Act, Clayton Act, etc.) under which the violation was investigated.
3. Given your research and findings, are monopolies and oligopolies (firms demonstrating power) always bad for society? Be sure to provide real world
examples of where this may be the case to strengthen your position.
4. Provide at least one example of a case where having a monopoly or oligopoly may actually benefit the society.
Based on your findings to the questions listed above, write a report with a minimum of 300 words in essay format in APA style (use the APA template in Doc
Sharing), using correct economic terms covered in the discussions. If you ONLY write 300 words, you probably won?t be able to fully answer the questions.
Key concepts to include in your paper include the following.
Monopoly Market Structure’
Oligopoly Market Structure
Barriers to Entry Into the Market
Natural Monopoly
Government Monopoly
Downward Sloping Demand Curve
Economies of Scale
Price Fixing
Collusion
Monopoly Pricing
Price Maker
Market Power
Economic Profits
Imperfect Competition
Rent-Seeking Behavior
X-Inefficiency
Deadweight Loss to Society
Marginal Cost
Marginal Revenue
Antitrust
You must use at minimum at least one article from the DeVry Online Library. Note: Although your textbook is a good source of knowledge, it is NOT an article and cannot be the only source for the assignment. Cite all your references in APA format. You can use the Citations & Bibliography function of Microsoft Word, which is found under the References tab.
1. Write your individual answers to the questions listed above together not each minimum 300 words in essay format in APA style [use APA template in Doc
Sharing], using correct economic terms covered in the discussions. If you ONLY write 300 words, you probably won?t be able to fully answer the questions.
2. Some key concepts to include in your paper – Monopoly Market Structure, Characteristics of Pure Monopoly, Barriers to Entry into the market, Natural
Monopoly, Government Monopoly, Downward Sloping Demand Curve, Economies of Scale, Monopoly Pricing, Price Maker, Market Power, Economic Profits, Imperfect Competition, Rent Seeking Behavior, X-inefficiency, Deadweight Loss to Society, Marginal Cost, Marginal Revenue, Antitrust, Bundling.
You must use at least one article. Note: The textbook is not an article and cannot be the ONLY source for the assignments. Use the DeVry Library as a
resource for finding your references.
Title page or name on paper
Introduction paragraph
Body of paper paragraph(s) with in-text citations provided for sources used
Conclusion paragraph
Reference(s)
SAMPLE OF APA template to be use is below:
Title page
Title of the paper
Name of the author
Email Address
Content
Price Controls
I do not support gas price controls, or more specifically, price ceilings on gasoline because they do not help the economy in the long run. The laws of
supply and demand dictate that the market itself should be the determining factor of prices, which change with the supply and demand of specific goods in the market. A couple factors such as the negative effects on the Law of Supply, and the hidden costs to customers make price ceilings an unpopular choice for most economies.
Within the Law of Supply, certain determinants are affected when price controls are imposed. Although it may not be apparent in the short-run, price ceilings
will limit the number of producers entering the market due to the increased difficulty of making a profit because of the prices imposed on their goods. In addition to limiting the number of producers, price ceilings reduce the need to be competitive, which leaves companies little incentive to increase
efficiency and innovative initiatives in the way they produce and procure their products to lower the prices themselves.
Price Ceiling on Oil
In the past, such as the price ceiling on oil during the 1970?s in the United States, price controls created disequilibrium between supply and demand which
resulted in a shortage of gasoline during that time. This meant that those that were willing and able to purchase gas could not do so. With the intent on
keeping prices down, customers often pay hidden costs that are not related to prices (Ellig, 2003). Long waits in line, increased stress through competitive
acquisition of the limited goods, and the inability to purchase those goods regardless of financial standing takes its own toll on the economy.
Conclusion
History has already showed us the results of price controls in the market. Although the long-term effects may not be apparent, such as companies shutting down because of its inability to maintain the controlled prices and the unemployment that follow it is real. Artificially changing the laws of supply and
demand and the additional non-monetary costs to the customers can lead to a bigger problem than just higher gas prices. The market should be allowed to
pursue it?s equilibrium without any interference.
Bibliography/References
[Type references alphabetically; format APA]
Last Name, First Initial. Middle Initial. (year). Name of article in sentence case: If there is a subtitle, it should also be in sentence case. Name of
Journal in Title Case, volume(issue), first page-last page. Retrieved Month Day, Year, from name of database (if applicable) and specific URL.
Ellig, Jerry (2003, January 28). Competition and Effects of Price Control. Retrieved May 2,
2016, from Federal Trade Commission Web site: http://www.ftc.
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The subject is remedies
Questioning the relevance of the rule in Hadley v Baxendale, Tettenborn concludes that “in practice liability as often as not depends on something other than foreseeability, and … this is demonstrated by the contortions the courts have had to introduce to the Hadley principle in order to deal with the difficulties arising under it. I have suggested that an alternative analysis, based on the parties’ agreement and the object of the broken promise, is a more promising way forward” Andrew Tettenborn, “Hadley v Baxendale Foreseeability: a Principle Beyond Its Sell-by Date?” (2007) 23 Journal of Contract Law 120 at 147.
Has the rule in Hadley v Baxendale outlived its usefulness? Do the decisions in Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272; [2009] HCA 8 and Clark v Macourt (2013) 304 ALR 220; [2013] HCA 56 support Tettenborn’s argument?
SAMPLE ANSWER
Introduction
Hadley v Baxendale (1854) EWHC J70 is one of the leading cases in the English law of contract. Its applied to set the basic principles for determining the consequential damages that may arise as a result of a breach of a contract by one of the parties involved. The breaching party is practically liable for all the losses that may occur and which the parties should have at the time of signing the contract foreseen. The other cases that may also be relevant to these case are 9 ExCh 341 (1854) 23LJ Ex 179 and 18 Jur 358 (1843-60) All ER Rep 461.
In the case of Hadley v Baxendale the claimants, who were Mr. Hadley together with another claimant were actually millers who were working in partnership with the owners of a Gloucester City Steam Mills and their core business involved cleaning grain, grounding it and packaging them in different brands. One of the Crankshafts of the machines malfunctioned and broke down and a new order for a new one was made to W. Joyce and Company who were operating in Greenwich. To manufacture a new Crankshaft, the broken sample had to be transported and delivered to the manufacturers factory premises. Baxendale were contracted by Hadley to transport the broken Crankshaft to the factory premises of W. Joyce & Co. in Greenwich for about £240 current value and they were to deliver it within a particular period of time. However, Baxendale delayed and failed to deliver as agreed causing Hadley huge losses in his business estimated at around £2500 at the current value which were awarded to Hadley after suing Baxendale for damages. Baxendale appealed claiming that he was not wasn’t aware that Hadley would suffer any loses as a result of any delay or late delivery. The question was whether a defender would actually be liable for any damages that he was not aware of and if they would amount to a breach f a contract. The court held that Hadley could not be compensated as the defendant was not aware of any special loses that may have resulted from the contract and Hadley failed to mention any foreseeable loses to the defendant that may result in a breach of contract. The court contended that the claimants demands for the spare part to be repaired did not on its own constitute any agency on the part of the defendant and that any loses that may have occurred as a result of the spare part being delivered late were actually unforeseeable at the time of making the contract.
The facts of the case of Hadley v Baxendale are similar to the ones of Transfield Shipping Inc v Mercator Shipping Inc (2008) UKHL 48 that relates to the remoteness of damage. The Mercator’s ship which was known as the Achilleas was hired by Transfield shipping company, a charterer for a period ranging from Five to seven months and it was to be returned before midnight of May 2 the year 2004. On that particular day the ship was booked for Cargill international another charterer from South Africa at cost of $39,500 per day for a maximum period ranging from four to six months but the Ship was returned on May 11 by Transfield charterers. Cargill agreed to take the ship late and but a lower rate of $31500 per day as the freight market rates had fluctuated negatively. The contentious issue was how much Transfield should compensate Mercator Shipping Company for the loss of profits. Transfield agreed to compensate the Mercator for the differences in rates i.e. $158,301 but Mercator insisted on the breach of contract and wanted the whole cost of the new contract to be charged to Transfield i.e. $1,364,584. The rule in Hadley v Baxendale was followed and Transfield was allowed to pay the amounts resulting in the differences in rates. The court held that liability was in the case of Transfield Shipping Inc v Mercator Shipping Inc was restricted and the actual differences in market rates would adequately compensate Mercator for the period that the ship was delayed.
The court of Appeal, under Judge Rix stated that
“…damages for late redelivery should be limited to the overrun period measure unless the owners can show that, at the time of the contract, they had given their charterers special information of their follow-up fixture, are both undesirable and uncommercial. It is undesirable because it puts owners too much at the mercy of their charterers, who can happily drain the last drop and more of profit at a time of raised market rates, taking the risk of late redelivery, knowing that they will never have to pay their owners more than the current market rate for the overrun period, a rate which will never in truth properly reflect the value to the charterers of being able to fit in another spot voyage at the last moment. It is uncommercial because, if it is demanded that the charterers need to know more than they already do in the ordinary course of events, when they already know that a new fixture, in all probability fixed at or around the time of redelivery, will follow on their own charter, then the demand if for something that cannot be provided. All that an owner will be able to tell his charterer in most cases is that he plans to fix his vessel anew at the time of redelivery. To which the charterer might reply: ‘well I know that already! But don’t expect that your telling me that is enough to put me on notice for the purpose of claiming loss of fixture damages, if I deliver the vessel late and you turn out to lose your fixture!’ Such an answer, however, reflects the uncommerciality and error of the charterers’ submission”
But the House of Lords totally disagreed with the Court of Appeal decision. While reversing the court of Appeal decision, Lord Hoffmann stated in the case of Hadley v Baxendale that;
“The case therefore raises a fundamental point of principle in the law of contractual damages: is the rule that a party may recover losses which were foreseeable (“not unlikely”) an external rule of law, imposed upon the parties to every contract in default of express provision to the contrary, or is it a prima facie assumption about what the parties may be taken to have intended, no doubt applicable in the great majority of cases but capable of rebuttal in cases in which the context, surrounding circumstances or general understanding in the relevant market shows that a party would not reasonably have been regarded as assuming responsibility for such losses?”
The test for rate of damage compensation in this case appears to be determined by the action that a reasonable person would have taken given the same circumstances that the defendant was in and the issues that were under consideration at the time of contracting (Llod’s Maritime and Commercial Law Quarterly, n, d). The defendant did not contemplate that in the event of a breach such facts would be considered and that he would be responsible for any losses that the plaintiff may suffer as a of the breach.
Lord Hoffman in the case of Hadley v Baxendale added that in the case of contemplation rule,
”I agree that cases of departure from the ordinary foresee ability rule based on individual circumstances will be unusual, but limitations on the extent of liability in particular types of contract arising out of general expectations in certain markets, such as banking and shipping, are likely to be more common. There is, I think, an analogy with the distinction which Lord Cross of Chelsea drew in Liverpool City Council v Irwin [1977] AC 239, 257-258 between terms implied into all contracts of a certain type and the implication of a term into a particular contract… It seems to me logical to found liability for damages upon the intention of the parties (objectively ascertained) because all contractual liability is voluntarily undertaken. It must be in principle wrong to hold someone liable for risks for which the people entering into such a contract in their particular market, would not reasonably be considered to have undertaken”
The above argument classifies losses into two; those that occur naturally as a result of a breach in the usual way and those that arise due to special circumstances and which were communicated expressively to the parties in the contract and also those that were reasonably contemplated by both parties as a probability upon breach of the contract.
The Hadley v Baxendale case initial judgment by Alderson J. declined to compensate the claimants as the only particulars that were communicated to the defendants was that they were to transport the spare part for repair. The second rule however the judge notes that its whether consequential damages would be recoverable as they are limited to special circumstances that must have been contemplated by both parties. Alderson J. stated in the case of Hadley v Baxendale (1854) EWHC J70;
“If special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract which they would reasonably contemplate would be the amount of injury which would ordinarily follow from a breach of contract under the special circumstances so known and communicated. But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract. For, had the special circumstances been known, the parties might have specially provided for the breach of contract by special terms as to the damages in that case; and of this advantage it would be very unjust to deprive them”.
The rules in Hadley v Baxendale have been modified by the case of Victoria Laundry (Winsor)
Ltd v Newman Industries Ltd where a reasonable foresee-ability test is required in all types of damages in the law of contract.
In the case of Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272; [2009] HCA 8, the court held that the damages for breach were the actual cost that the repair work would amount to and the attempts to compel the defendants to renovate was actually an equitable remedy compared to compensation for damages but performance of a contract is preferable than equitable remedies (Diamond & Foss, 1994). The reservation of the building in the same state that it was without any kind of alterations would have been preferable but loss is the actual cost of returning or restoring the building back to the position that it would have been if the contract was performed as agreed.
To conclude, the argument in Hadley V Baxendale as stated by Tottenborn (2007) is reasonable but not on its entirety. The precedent in the case of Hadley v Baxendale applies in some cases but not all special cases that may involve special circumstances that have not been mentioned. The case is still applicable and it’s not well past its sell date. It’s still relevant in certain specific instances (Kramer, 2004). The aggrieved party should be compensated or be allowed to recover the loss that was reasonably foreseeable by the other party that breached the contract hence liable for the breach. Hadley v Baxendale provides a reasonable test for remoteness and the two cases supplement the rule in Hadley v Baxendale.
References
Diamond, T.A. & Foss, H. (1994) Consequential Damages for Commercial Loss: An Alternative to Hadley v. Baxendale, 63 Fordham L. Rev. 665.
Kramer, A. (2004) An Agreement-Centred Approach to Remoteness and Contract Damages’ in Cohen and McKendrick (ed), Comparative Remedies for Breach of Contract, p. 249-286
Right to Fair and Public hearing Legal Frameworks Order Instructions
Right to Fair and Public hearing Legal Frameworks Sample Answer
In every country, there exist legal frameworks within which individuals are tried and sentenced in a court of law. Each person is legally guaranteed the right to fair and public criminal trial or individual is granted a fair and public hearing proceedings.
Right to Fair and Public hearing Legal Frameworks
In Australia right to fair trial and hearing encompasses: Each and every individual is equal before courts and tribunal. Secondly, individuals have the right to fair and public hearing before an independent, competent neutral court or tribunal recognized by the law (Namakula, 2014). The statute also guarantees right of presumption of innocence until proven guilty and the right to counsel and not to be forced to self-incriminate. However, judges have absolute authority in the courtroom and in some cases the judgment is passed upon the discretion of the judge and not through a fair trial.
This paper argues the point that judges have absolute authority in the courtroom and this means that an individual can never get a fair trial. By outlining the scope of fair trial and hearing in the courts and situations where the right of fair trial ad hearing is limited.
The statute grants the right to fair trial and hearing to be applied in both civil and criminal proceedings and in cases before tribunals and courts of law. The right ideally ensures that there exists procedural fairness in court proceedings rather than a substantive decision made by the discretion of judges. The right to fair trial and hearing encompasses the rights discussed below
Right to Fair and Public hearing Legal Frameworks and Equality
For a court proceeding to be regarded as fair hearing, the court should recognize the interests of the community, the accused and the victim not excluding all other parties involved in the civil proceedings. The proceedings should respect the principle of “equality of arms” (Namakula, 2012). This principle dictates that all parties must be given a reasonable chance to present their case without feeling disadvantaged against other parties involved in the legal proceeding.
The right to public hearing
This right constitutes the notion that apart from administering justice, it must be subjected to legal proceedings and to public scrutiny (Mart
Sarbaneys Oaxley Act SOX for Accounting Errors Order Instructions: PLEASE SEE ATTACHMENT SAMPLE ANSWER.
Sarbaney’s Oaxley Act commonly referred to as SOX is a law that was legislated in the year 2002.
Sarbaneys Oaxley Act SOX for Accounting Errors
The aim of the law was to ensure that the public and all shareholders are protected in case errors in accounting happened. The law further sought to cushion the public against fraud by ensuring that companies are compelled to make disclosure thereby increasing accuracy. The legislation is administered by the Commission on Exchange Commission and Securities in America.
Although some people may view the legislation to be unethical, it is ethical considering that it seeks to serve the interests of the public. Holt (2010) notes that the issue of ethics arises because the legislation compels organizations to keep open their accounts for scrutiny. This is seen to be against the ethical and professional code of accounting. However, the very intention for which the Act came into force is indicative that there is no violation on ethics.
Sarbaneys Oaxley Act SOX for Accounting Errors and Experience and Practice
Practice and experience have proven that regulations do not always work in the maintenance of an ethical environment. Rather, it is the culture that the people have cultivated and created over time. Even in the presence of stringent legislations intended to enforce ethics, it is only if the people have embraced a culture of ethics that the same will be released (Miller, 2010). People and the culture they have created remain instrumental in ensuring that ethics are observed and maintained. In this case, it is not very much the nature of the legislation. Rather, it is how much the people in the system have inculcated in them a culture of observing ethics. The SOX legislation is brilliant in enforcing ethics but the will power of the people also counts for much.
Sarbaneys Oaxley Act SOX for Accounting Errors References
Holt M, (2010). The Sarbanese-Oxley Act: Costs, benefits and business impacts. London: Butterworth- Heinemann.
Miller, R. (2010). Student guide to the Sarbanese-Oxley Act. New York: Prentice Hall.
Supreme Court Justice and The Nine by Jeffrey Toobin The first step toward fulfilling this assignment successfully is to read The Nine by Jeffrey Toobin. I realize it is not a short book but it is actually
quite fascinating.
Supreme Court Justice and The Nine by Jeffrey Toobin
After reading that, you should select one Supreme Court Justice who is discussed in the book (which means it would not include the latest
Justice) and write a paper about that Justice and how reading the book enlightened you about that specific Justice and/or the process of how Justices are
selected, cases are selected to be heard by the Supreme Court and how the Supreme Court and it’s Justices operate.
Supreme Court Justice and The Nine by Jeffrey Toobin Essay Requirements
Your essay needs to be at least three
pages in length.
You are encouraged to do independent research about the Justice you select to supplement the information in the book. It is important that your paper
contains enough information to demonstrate your knowledge. You must make reference to the Toobin book and what you learned about your Justice from your
reading.
In your independent research, you can also use current events or cases which illustrate your learning process. Just as an example, (and you can’t use this
one), there was a recent last-minute plea to the U. S. Supreme Court to stay the execution of a Ohio man, who claimed he was too obese to be executed. He
claimed because he was 5’7″ and 267 pounds, he was medically unfit to be executed. The Supreme Court rejected that plea. You WILL get credit if you do your
own research and you need to think of how to relate what you read to real life events.
Do not forget to cite sources properly. Every idea or thought that is not yours should be put in quotations and credit given to the original source. Even if
you do not use direct quotes in your paper, you must refer to the sources you use for generating your own ideas. You and I both know you can look on the
internet and get papers on almost any topic. Just do your own work and give proper credit to your sources and there won’t be a problem
Rule of Law the Key Concept of Power Order Instructions: ‘Access to justice has come to be regarded as synonymous with, or crucially dependent on, the ideals of the rule of law and, more specifically, due process… Thus we can conclude… that “the right to participate in the legal process is fundamental to liberal theory”.
Rule of Law the Key Concept of Power
Conversely, evidence that some citizens are under-represented in the legal process or, worse, are not represented at all (because of insufficient resources or inadequate laws) threatens the legitimacy of this liberal theory’ (Stephen Bottomley & Simon Bronitt, Law in Context (4th edn), p. 159).
Reflecting on the above statement, critically discuss ‘access to justice’ with reference to the gap between the theory (e.g. the ‘ideals’ and the values law ‘should’ embody – e.g. ‘equality before the law’) and the practice of law. Discuss one of the following factors that might determine or affect a person’s ability to access justice: socio-economic status (‘class’); gender; disability, and/or ethnicity/race.* Discuss the key concept of power.
Rule of Law the Key Concept of Power Sample Answer
Introduction
Law is a dynamic system that is used not only to safeguard the civil rights of an individual in a society but also to establish an economic, social, cultural and educational condition in which a people’s legitimate aspirations and dignity are realized equitably (Bailey, P. 1255-1300, 2010). In other words, the law is founded on the roots of freedom, justice, and equality for the people who belong in a society or nation irrespective of their statuses. According to Bailey, the law describes the freedom of humanity under a governed structure that gives them the authority to have a standing rule to live, have liberty to follow and do their things as they will under the confines of the law, and not to be subjected to an inconstant, arbitrary, or uncertain will of other people.
This paper, therefore, aims at disclosing the reasons why the rule of law is becoming inactive in the society today. It is imperative to realize that the law is an indispensable organ that protects society and in this view, it could be described as a structure of a well-governed state. Without the law, governance is likely to collapse with the people most likely to suffer. However, this study reveals that there is a major challenge in the operation and dispensation of the law in society (Bailey, P. 1255-1300, 2010).
Evidence shows that there is a section of citizens who are under-represented or not represented at all in the legal process due to their insufficiency in getting resources, a factor that threatens the legitimacy of the law. Justice should be a fundamental principle to the wellness of all human beings and remains the center of the notion of development. However, it has been determined that rule of law only favors a portion of people and denies justice through abuse of power and the denial of rights, impunity, and corruption to the powerless, poor, and the gendered who remain victims of vulnerability (Bailey, P. 1255-1300, 2010). It is against this backdrop that this paper seeks to pursue ways to address the setbacks that hinder the equal rights to law.
Rule of Law the Key Concept of Power and Access to Justice
The terms of access to justice are used legally to describe the various mechanisms and functions through which individuals seek legal assistance. In this contemporary society, access to justice cannot be a factor that can be overstated. Access to justice is a fundamental instrument to the development and maintenance of the rule of law in any state and enables people to voice out their concerns and to exercise their legal rights (Cuomo, P, 856-874, 2013). The freedom to access justice equitably allows the citizens of a nation to an equal right to human dignity thus securing their rights and empowering these citizens.
An improved justice system requires the enactment of good practice and the availability of, and access to representation within the law sector. It also enshrines the ability of the legal systems in providing fair access to justice. The doctrine of justice is governed according to the law, a factor that gives the government through its legal systems the capability of ensuring that its citizens have access to justice without any form of discrimination. In this, there should be clear structures that control the aspects of abuse of power by the judiciary systems (Cuomo, P, 856-874, 2013). The rule of law has the functions of establishing social, economic, cultural and educational conditions where citizens can realize their legit aspirations.
Through this, it is important to realize that the welfare of a nation’s citizen depends on the predictability and the certainty of the values associated with the law in order to attain the wellbeing of the society. In regard to this, the rule of the law supposes that every individual (without discrimination whatsoever) is entitled to freedom, equity, and justice to an extent that their sanctity is recognized and their dignity is enhanced and maintained (Hunter, & De Simone, P. 379-398, 2009).
Rule of Law the Key Concept of Power and Barriers of Access to Justice
Access to justice can be affected by a number of social and cultural characteristics such as inequality gaps, average income, urbanization, nationality or religion, ethnicity, literacy in education among other factors. Other social factors include; socio-economic status (‘class’); gender; disability, and/or ethnicity/race (Hunter, & De Simone, P. 379-398, 2009). This section, therefore, seeks to analyze one of the barriers that affect access to justice;
Gender;
Women’s limited access to justice has been a complex issue that entails a series of inequalities in the legal systems, a factor that makes them a vulnerable group. Women are socially excluded, a factor a situation that describes that certain groups within the society are disadvantaged because of discrimination (Lockie, P. 234-241, 2005). This explains the reason why gender-based violence is miss understood by the judicial system and is treated insensitively. Women in the legal systems are always treated as guilty of offenses that are committed.
In ensuring justice to women, it is imperative that they are provided with access to fair, affordable, effective and accountable remedies so that they as their male counterparts can enjoy both equal rights in the judicial system. When the justice systems mitigate the obstacles that women face in the society, this will not only facilitate greater accessibility but will be a significant system in achieving gender equality. Inequalities in the society are on the rise and they negatively impact the lives of women (Lockie, P. 234-241, 2005).
It is imperative and significant to identify that barriers in access to justice occur both within and outside the formal justice institutions. In order to improve access to justice in society, there are a number of factors that can be considered (MacDowell, pp. 95-130, 2011). These factors will ensure equity in the dispensation of justice to all the genders without discrimination.
In some countries, there are some discriminatory laws which negatively impact women and the manner in which they access justice. Socio-economic and cultural barriers also remain factors that limit the ability of women to seek justice. These barriers are attributed to the unequal power relations between men and women, which tend to favor men.
Women living in poverty due to their living conditions in poverty or those living in low income may have problems accessing justice. Costs, in this case, do not only refer to the legal fees and judicial taxes but the needs to access the judicial institutions among others. This may be a challenge to especially when the proceedings take a lengthy period (MacDowell, pp. 95-130, 2011). Discriminatory attitudes, prejudices, stereotypes at the cultural level also play a role in this instance. Women may be barred from accessing justice as a result of social and cultural values and expectations.
This can be confirmed especially in instances such as domestic violence, divorce cases, child support proceedings. It is also important to mention that women categories from the lower classes are less likely to get justice due to the inadequacies in confidence in the judicial systems or out of fear of mistreatment. The lack of this confidence is as an antecedent of the institutional cultures that have been created to not take account of women’s claims, a factor that leads to discriminatory attitudes (Marino, P. 26-28, 2015). These women, therefore, are not aware of their rights, or the remedies that are available in the justice systems.
Improving Access to Justice
Women and girls in society are prone to discrimination within the confines of the law, inheritance, education, employment, and property rights. These segments of people are always marginalized and face challenges in accessing justice. Poverty is also a problem that has posed a challenge to women in their pursuit of justice since they are likely to have adequate resources to meet the demands of the judicial systems.
Another factor that hinders women from accessing justice is the institutional barriers. In a male-dominated the judicial system, it is more likely that women will receive no justice (Martin, P. 26-28, 2014). Their male counterparts who hold positions as judges, prosecutors, and police officers are biased by their cultural orientations and deter women from accessing justice. Certain cases that involve violence and rape are likely to be unrepresented due to shame and the stigma that come with them in society.
In order to improve the access to justice within the legal frameworks, a process of legal empowerment has to be initiated. Legal empowerment is a process where systematic changes are made through which the excluded and poor people are inspired to use the law, the legal services, and the legal services to advance and protect their rights and interests as the citizens of a nation.
The core of this framework is to pursue better approaches of protecting the basic rights of the poor and the marginalized such as women with the view of enacting equality in realizing their potentials and improving their livelihoods (Martin, P. 26-28, 2014).
The central theme of these elements is to ensure that there are a legal identity and literacy awareness in identifying and removing those legal barriers that marginalized the access to justice and exercising the legal rights of women to improve their lives and livelihoods (Simister, P. 607-623, 2012). The legal implementation will, therefore, improve the understanding of the marginalized groups of the importance of using the law systems to get justice.
The new reform will also focus on the aspects of alleviation of poverty that will see the prevention and abuse of legal rights. Legal empowerment, therefore, refers to a holistic multifaceted field, which helps the marginalized groups in accessing their rights as prescribed by the law such as justice, education, health and the requisition of remedies such as entitlement, peaceful dispute resolution, environmental sustainability, and social inclusion.
Women are the victims of violence and they experience various difficulties that bur them from accessing justice. It is imperative to understand that the existences of these barriers are attributed to the law and to the society’s belief and views about the construction of women and women’s issues. There is a need to focus beyond the legal boundaries and into the role that economics, culture, and politics play in the access to justice by women in instances of violence.
By only dwelling on the existence of laws that protect women, the availability of counsel and aid at the process of access to adjudication and enforcement as a framework to accessing justice for women who fall victims of violence would limit the process (Simister, P. 607-623, 2012). This remains an important aspect that should be met by any state.
Rule of Law the Key Concept of Power Conclusion
Law should be revised and enacted so that it remains a dynamic system that is used not only to safeguard the civil rights of an individual in a society but also to establish an economic, social, cultural and educational condition in which a people’s legitimate aspirations and dignity are realized equitably (Westbrook, L. 95-130, 2009). The judicial systems today are determined by the legislation that describes the rule of law as one that only favors a portion of people, and denies justice through abuse of power and the denial of rights, impunity, and corruption to the powerless, poor, and the gendered who remain victims of vulnerability.
The judicial systems have to reform their structures in order to give better services to all the people equitably irrespective of their statuses in the community. When these systems are put well in proper structures within a state, all the people will be confident of the judiciary in offering better services to the people in the society. Equity should be a factor to consider in the judicial system in offering better services to the marginalized groups.
Rule of Law the Key Concept of Power Works Cited
Bailey, Kd 2010, ‘Lost In Translation: Domestic Violence, “The Personal Is Political,” And The Criminal Justice System’, Journal Of Criminal Law & Criminology, 100, 4, pp. 1255-1300, Academic Search Premier, EBSCOhost, viewed 24 April 2015.
Cuomo, D 2013, ‘Security and Fear: The Geopolitics of Intimate Partner Violence Policing’, Geopolitics, 18, 4, pp. 856-874, Academic Search Premier, EBSCOhost, viewed 24 April 2015.
Hunter, R, & De Simone, T 2009, ‘Women, Legal Aid, and Social Inclusion’, Australian Journal Of Social Issues (Australian Council Of Social Service), 44, 4, pp. 379-398, Academic Search Premier, EBSCOhost, viewed 24 April 2015.
Lockie, AJ 2005, ‘New York’s Failure to Protect All Victims of Domestic Violence’, American Journal Of Family Law, 18, 4, pp. 234-241, Academic Search Premier, EBSCOhost, viewed 24 April 2015.
MacDowell, EL 2011, ‘WHEN COURTS COLLIDE: INTEGRATED DOMESTIC VIOLENCE COURTS AND COURT PLURALISM’, Texas Journal Of Women & The Law, 20, 2, pp. 95-130, Academic Search Premier, EBSCOhost, viewed 24 April 2015.
Marino, M 2015, ‘GENDER VIOLENCE HUMANITY’S LITMUS TEST’, Chronicle Of Higher Education, pp. 26-28, Academic Search Premier, EBSCOhost, viewed 24 April 2015.
Martin Rountree, M 2014, ‘Law and Loss: Notes on the Legal Construction of Pain’, American Journal Of Criminal Law, 41, 2, pp. 133-149, Academic Search Premier, EBSCOhost, viewed 24 April 2015.
Simister, J 2012, ‘More Than a Billion Women Face ‘Gender-Based Violence’; Where Are Most Victims?’, Journal Of Family Violence, 27, 7, pp. 607-623, Academic Search Premier, EBSCOhost, viewed 24 April 2015.
Westbrook, L 2009, ‘Information myths and intimate partner violence: Sources, contexts, and consequences’, Journal Of The American Society For Information Science & Technology, 60, 4, pp. 826-836, Business Source Complete, EBSCOhost, viewed 24 April 2015.
A crime resulting in the death or severe injury to the victim can have a profound impact on a spouse, children, co-workers, Christian brothers and sisters, and the community. Some contend that the focus is too often on the troubled past of the defendant and not the devastating impact on the victim in such cases.
Thread:
Assume you are on a committee that will limit the information that may be presented at trial regarding the defendant’s past and the impact of the victim’s injuries/death.
Propose 2 rules to guide the courts in this matter: 1 dealing with the defendant and 1 dealing with the victim. Provide the scriptural and scholarly basis for each.
Replies:
Evaluate 1 rule dealing with defendants and 1 rule dealing with victims. You may choose to comment on the defendant/victim rules of a single classmate or choose a defendant rule from 1 classmate and the victim rule from another classmate.
Submit your answers in a thread by 11:59 p.m. (ET) on Friday. Submit replies by 11:59 p.m. (ET) on Monday.
Discussion Board Assistance:
What factors should define the limits of why a defendant acted in such a way as to cause the death or injury of another person? Sexual abuse? Physical abuse of a parent? Poverty? Bullying? Traumatic Brain Injury? Drug/alcohol addiction? Can the defendant raise the issue of the victim’s criminal history, immoral lifestyle, or fringe religious beliefs? Can the defendant produce a video with music and poetry describing his/her childhood and efforts to overcome a troubled life? What factors should define the limits on whose views about the impact of the victim’s injury or death may be heard and what types of testimony can be given? Immediate family? Friends of friends? Employers? Neighbors? Patients? Must those speaking on behalf of the victim appear and testify? Can they just send in a letter? Can they produce a video with music and poetry? Can they speak only about the victim or can they also share their views about the defendant?
SAMPLE ANSWER
Introduction
The crime that will lead to death or injury is severe to the victim and able to cause a greater impact on the spouse. In addition, it also cause the impact on the co-workers, Christian sisters and brother and even to the community at large. Some suggest that the focus is always on the defendant’s past troubles rather than the overwhelming impact on the victim. The vital objective of this study is the assumption of the writer to be on the committee that will be able to limit information. It will be presented on the trial on regards to the past of the defendant as well as the injuries or death caused to the victim. Two rules are being proposed, one that is dealing with the defendant and the other dealing with the victim. For this, scriptural and the scholarly are going to be provided.
The proposed rules to guide the court in the matter are rule 404 that deals with the character evidence of the defendant and rule 412 that deals with the victim.
The rule 404 deals with the character evidence that includes the crime. The character evidence reveals that the evidence of the character of a person or the traits of the character is not allowed. It is being proved that the person acted in conformity with the trait or character (Maryland court digests, 2007, Jun 04). The exception to the rule in the crime case that includes the victim and the defendant is that the defendant can offer evidence of the pertinent trait of the defendant. If the evidence is being allowed the prosecutor offers evidences to rebut it (Buser, 2010, Aug 20). The rule 412 some evidence is not admissible in presiding than involves crime. These includes the evidence that victim engaged in crime and was clearly assaulted.
Work Cited
Buser, L. (2010, Aug 20). Defendant gave accurate crime details; jury told: Man faces a murder charge in ’07 killing.McClatchy – Tribune Business News
Maryland court digests June 4, 2007.
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Corporations shareholder rights and distinguished between derivative action dissents and oppression remedies
Order Instructions:
discuss broadly held corporations shareholder rights and distinguished between derivative action dissents and oppression remedies
SAMPLE ANSWER
Corporations shareholder rights
Introduction
Shareholders have the right to vote during the annual general meeting and participate in the election of the company officials and directors of the company. The shareholders also have the right to receive any dividends that have been awarded or to receive any bonus issues made. The ordinary shareholders are like the owners of the company and they have the right to be informed on the progress of the company (Chandra, 2007).
However, preferential shareholders only have the right to dividends. There powers are limited to the amount of interest that their rights have against the company.
A derivative action arises where individual shareholders maintain their rights to sue the directors for breaches regarding the corporation as in the case of Donahue v Rodd Elctrotype Co (1975) of New England 367 Mass 578.
The majority shareholders cannot be allowed to oppress the minority shareholders as all the shareholders enjoy equal rights and are allowed to vote fairly as per their shareholdings.
The remedies may involve the court decision to lift the veil incorporation that protects the directors to be sued on their names. They are also allowed to maintain a collection action problem or to derive a claim on behalf of the corporation to sue for breach of duty but the parties must seek the court’s consent before bringing such an action.
Oppression remedies are provided by the court where the directors or the majority shareholders have been oppressive in their actions or inactions against mostly the minority shareholders as in the case of Donahue v Rodd Elctrotype Co above.
References
Chandra, G. (2007) Company Law, 3rd Edition; McGraw-Hill Education
