A. Beyond the merits of the case, the chances of Edie in winning this case depend completely on the investigation of the behaviour of the defendant as the reasonable person in the similar conditions. This approach is regarded as the main pillar of the tort law that is used for the determination of the liability between the parties during legal proceedings. With that, it should be noted that there are several cases when the applicant faces difficulties in proving fault for slip and fail accidents. There are several conditions that should be met established and proved in order to ...
Essays on U.S. Constitution
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Fourth, Fifth, and Sixth Amendments to the U.S. Constitution
Introduction
The United States Constitution was framed without a Bill of Rights, and subsequent amendments came to be parts of the Bill of Rights, although this was framed amid the lack of confidence of an oppressive regime. The fourth, fifth, and sixth amendments provided rules to safeguard individual liberty. The Sixth Amendment protects citizens against unfair denials of life and liberty by ordering the federal government to give protections to all suspected criminal offenders (Chhablani, 2008).
The Fourth Amendment protects citizens against unpredictable violations of privacy by government authorities. This protects ...
The series of mass shootings in different states has intensified current debate over gun control. For decades, gun control has been an issue of conflicting influences between supporters (particularly powerful ones, including, most notably, National Rifle Association) and opponents in formal, partisan and informal, public settings. Needless to emphasize, current presidential election has but highlighted gun control, adding more dimensions to what has in earlier decades been a strictly legal debate. There are, however, rising voices among supporters of gun ownership to enable minors to have guns. This is, indeed, a new development which has far broader implications well ...
In the USA the federal government has three branches of power: Executive – The President, Legislative- the Senate and Judicial – The Supreme Court. Members of Executive and Legislative branches are elected by people, while “members of the Judicial Branch are appointed by the President and confirmed by the Senate” (the Whitehouse). The Supreme Court is a real power in the USA and it is very important in the public policy arena. According to the Article 3 of the USA Constitution, “the judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the ...
The progressive movement in the United States refers to a broad based transformational faction that promoted the ideologies of a rational government action while handling political, economic, and cultural aspects in a bid to improve the society. From the outset, it is important to note that the leaders of the progressive era came from various backgrounds, from social activists to politicians, philosophers to business owners, and reporters to preachers. Some of the well-known progressive thinkers include Woodrow Wilson on the democratic side and Frank Johnson Goodnow. Woodrow Wilson’s progressive views were that the role of government is to ...
The Biblical Scripture and the U.S. Civil and Criminal Codes
Research Paper
Introduction Almost all countries nowadays comply with one of two main legal systems-- civil law or common law. The civil law system originated from continental Europe and was implemented by European colonizers, like Portugal and Spain, in their respective colonies. On the other hand, the common law system was developed in Great Britain and was implemented in the British colonies. In the 19th and 20th centuries, civil law was accepted and enforced by countries previously implementing unique legal systems, like Japan and Russia, which aimed at reforming their legal ...
When Federalists and Anti-Federalists were debating about the new U.S. Constitution, one of the most controversial issues was the balance of power between the national and state governments. In order give more power to the national government, Federalists had to take into account Anti-Federalists’ views and introduce three branches of power that would be empowered to control each other. James Madison, one of America’s founding fathers, wrote in The Federalist Papers that “power is of an encroaching natureit ought to be effectually restrained from passing the limits assigned to it.” (Cited in The Federalist Papers Project 19). It ...
Book Censorship
Despite the fact that the First Amendment in the U.S. Constitution provides legal protection for the freedom of religion, speech and press, modern American history as well as its democratic façade have been compromised greatly by numerous cases of book censorship and bans, particularly in educational institutions. Thereby, the case of Kurt Vonnegut’s Slaughterhouse Five is only a drop in the ocean of shameful censorship policies. As Vonnegut’s seminal work was banned in schools across the United States and as the Drake School Board set several books on fire, the prominent American writer whose books are ...
The paper highlights six prominent cases of their time and causes of seizure and warrant of these cases. The facts involved in cases and courts ruling in making decisions are explained in the paper. It focuses on Mapp v. Ohio, Terry v. Ohio, Tennessee v. Garner, Carroll v. U.S., Graham v. Connor, and U.S. v Leon. According to the 4th amendment of the U.S. Constitution, people have the right to feel secure in their homes and without proper court consent police should not be allowed to breach their personal property. Furthermore, a search warrant is to be issued by ...
Explain how the Constitution provides protection for treason and how today’s laws compare, citing example. Is the Constitution under Article III relevant in today's world? Section Three of the U.S. Constitution states that one can be charged with a treason offence when they wage war against the U.S., collaborate with its enemies, or gives them comfort and aid (Harbaugh, 2014). The constitution further provides a threshold that needs to be met for a person to be convicted of treason. Ideally, at least two witnesses must confess to overt treasonable acts or confessions made by the accused in an ...
The Key Constitutional Concepts is a film that focuses the creation of the American Constitution during the historic Constitutional Convention (Key Constitutional Concepts). It has three segments that examine the creation of the American Constitution and two constitutional conflicts that were landmark cases of the Supreme Court. The cases include Youngstown V. Sawyer and Gideon V. Wainwright and Youngstown v. Sawyer. Specifically, the first section of the three-part documentary examines the creation of American Constitution (Key Constitutional Concepts). In 1787, the Constitutional Convention held in Philadelphia’s Independence Hall brought together the Founding Fathers who faced the daunting task ...
Introduction
Sexuality refers to sensation and linked closeness between two human beings. In psychological terms, sexuality is the way through which people make an expression of the completeness of love between a woman and a man. In biological terms, this is the means through which the conception of a child occurs and the ancestry is passed over to the next generation. The purpose of this paper is to look at the issue of public expressions of sexuality concerning the law in the United States. In this paper, is going to be established that public expressions of sexuality in the United ...
The Bill of Rights is an unofficial name for the first 10 Amendments to the U.S. Constitution that were ratified by all states in order to limit the federal government’s power and protect the individual liberties (Dictionary of American History). The Bill of Rights was developed when the American colonists were no longer under the control of Great Britain and had to build up a new country that comprised many states. There was the need to develop the legal base so that all states could peacefully co-exist and there was the proper balance of power between the central ...
Nowadays people are exposed to the different positive and negative influences every day because of the increased mobility and interaction with the other people and organizations online and offline. Receiving and rethinking so much information has become a difficult thing for many people. However, we should not limit the rights of the American people, even if we know that there is a segment of the population that is exposed to the negative influence. The better thing to do would be to use the warnings in order to make sure that the people know the consequences. Amendments to the U.S. ...
Introduction
There is abundant evidence that the United States government should take action on problems such as the number of handguns and automatic weapons in circulation around the country. It is important that gun owners register their weapons in order to control the problem of gun-related killings and violence. The United States has repeatedly and steadily reduced the funds for public agencies that manage gun control and that monitor gun-related laws. American policies, politicians, and pro-gun supporters approach the situation from such opposite perspectives that all discussions about gun control legislation seem to devolve into hysterical rhetoric. Many countries around ...
Government Survaillance is unconstitutional and should not be conducted. It deprives citizens their right of liberty. Peolpe’s privacy should not be sacrificed for the sake of security. Security concerns have often been used to justify a breach of citizens’ privacy. Law enforcement groups have created different measures such as the use of surveillance cameras including in many public places to monitor the activities of unsuspecting citizens. In the surveillance process, the agencies involved use high-tech machines. These devices are controlled from a private area and are mostly invisible to the public (Norris, 2010). The tools are made in ...
Are twenty-first-century Americans more democratic than the Founding Fathers and would the U.S. profit by adopting New Hampshire´s Constitution? Are twenty-first-century Americans more democratic than the Founding Fathers and would the U.S. profit by adopting New Hampshire´s Constitution?
It would seem pretty straightforward to conclude that 21st century Americans are more democratic than were the framers of the Constitution. After all, only a relatively small minority of Americans were eligible to vote when the country first came into being. To start off, no women were allowed to vote. Of course, slaves were not allowed to vote either, ...
Of the five major party Presidential candidates that remain in the 2016 race, the one who I am supporting is Ted Cruz. This is primarily due to the fact that I agree with him on a higher percentage of issues than I do with all of the other candidates. I estimate that I agree with Ted Cruz on approximately 85 percent of issues. Since there are so many contemporary political issues, I will limit my scope in this paper to just two of them. The first issue that I will discuss which underscores my support for Ted Cruz´s ...
The prevailing cultural system appreciates and places superheroes in high esteem. This is true despite of these beings, regardless if they are humans or aliens, are only works of fiction and can only be seen in various forms of popular entertainment, such as in comics and films. In this regard, perhaps it is a safe premise that the society’s acceptance of super heroes is reflective of its desire to instigate progressive changes to their social and physical environment, and that these highly developed beings personify all the qualities that the society aspires to find in a single person, ...
Police misconduct is not a frequent news headline. Yet, when incidents of police conduct do hit the news, the reason is the serious nature of the misconduct and its widespread impact. Even with the recognition that police misconduct cannot be completely eliminated, preventive measures and strategies to mitigate the impact of misconduct need to be in place. Existing measures and strategies also need continuous evaluation to support the necessary reforms to address emerging issues on police misconduct. Media frenzy, public outcry, and politicization of police misconduct often complicate effective response to this issue. When this happens, it helps to ...
Upon consideration of the facts surround the situation in the country, namely after a period of colonial rule it has gained independence, but as a result of colonial rule the existing tensions between the new nation’s three ethnic minorities were aggravated; the most effective type of constitution would most likely be one based on the U.S. Constitution. After its independence from the United Kingdom was obtained, the U.S. was not unlike the current situation in country. There were a number of independent “states” that had not lived together lived together as a nation before and had developed widely ...