Unit 1 Case Law Analysis
You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.
Case Analysis: Trinity Western v. Law Society of Upper Canada In the following court case between Trinity Western University v. The Law Society of Upper Canada, Judges MacPherson, Cronk, and Pardu JJ, at the Ontario Court of Appeal, determine whether to grant accreditation to a private Christian University, that wants to open its own law school. The three-judge panel analyzes the Law Society of Upper Canada’s (LSUC) decision to not accredit Trinity Western’s proposed law facility, which took place in April 2014. The judges consider the Charter rights at stake, as well as the LSUC’s mandate. The case of TWU v. LSUC will be thoroughly examined, with a specific focus on key concepts that influence law-making, such as social development and change,
A world without laws would take us back to the stone age meaning without them we would be lost. The definition of criminal law is a system of law concerned with the punishment of those who commit crimes. Having a sense of morality is a necessity when concerning law and also the main purpose of law. Laws let us know what is right and wrong and minimizes mischief to individuals in society. Lippman (2013) revealed The New York criminal code that sets out the basic purposes of criminal which are: • Harm.
The law is considered to be one of the most important aspects in a society. It establishes rules and regulations and sets guidelines and expectations for the people it governs. However, when the law is questioned by the people that uphold it, ideas and opinions begins to change. With a change of ideas, society begins to evolve and grow to accommodate the people in it. Earl Warren was appointed as the 14th Supreme Court Chief Justice in 1953, and for the many years that followed he made a lasting impression on the United States courts and their laws.
Laws are for the good of people for not doing a crime and getting punishment for doing a crime. One of the main laws was the feudal law. It was an agreement with a lord and his vassals. A vassal had to do military and political service while a lord had to give the vassal a grant of land. The decline of feudalism happened when vassals would team up with other vassals and override the power of the king.
Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).
While there are many more concepts of law that the book mentions I feel that these are the most important concepts of law that somehow are the foundations of the legal system in the United
1.2. IDEA OF RULE OF LAW The rule of law does not have a specific and exact definition, and its meaning can be different between nations, legal traditions and people from all kinds of lifestyles, such as; 1. Aristotle defined that “The rule of law is better than that of any individual." 2.
Why do we have laws and rules? The reason we have laws and rules is to protect us and keep us safe from danger. Imagine a world where there are no laws and rules. Imagine living in a world where everyone had the freedom to do
Prof. A. V. Dicey elaborated the concept of rule of law in his lectures at the Oxford University which were later published in form of his famous book ‘Introduction to the Study of the Law of Constitution’. Dicey explained his manifestation of rule of law in three main aspects: 2.1 Supremacy of law Dicey expressed that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of land. Here, Dicey argued about absolute supremacy and predominance of the regular law as opposed to the influence of arbitrary power or any wide discretionary power. As per him, it excludes the existence of arbitrariness, wide discretionary power and
2)Rules and Laws are similarly at one side. However, there big differences betwwen them. First of all, we can determine their differences with breaking them. Rules are facts. It helps to explain human actions.
In hard cases, judges are not legislating, as Hart’s positivists assert, they are inducing based on principle. Judges have a duty not only to apply the rules, but also to make sure that the legal system is consistent with the principles of the society. When judges are said to legislate, they are not making the rules but discovering them. [20] According to Dworkin understanding the role of the courts is to defend the rights of citizens from the likelihood of unfair rules or other circumstances in which the written laws do not satisfactorily defend their natural rights.
Law is a set of rules as to how people belonging to a certain land/country should behave. These rules determine how a person should be treated and punished if he/she commits a crime. The fear of going against the law is what keeps everyone from being vigilantes or criminals; it’s the reason as to why you can feel safe to walk with your purse in public. The law protects every citizen but the law has to also be followed or you will face prosecution. Law is the mainframe of human rights as explained in the paragraph below.
Importance of Rules In a society or community, there are rules. Rules are regulations that the people under a government need to follow. Rules are important as families and citizens have to live their lives in a happy but safe state. Some aspects of why rules are important are: to maintain civil behaviour, be organised, more harmony in the community.
DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.
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