Outline Paper Title: the Common Law Tradition and Sources of Law Essay

I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term â€Å"common law† also underlines the fact that this type of law did not originate from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory. Codification is the process by which a statue is passed, expressed within a single document, so that it is understood within existing law rather than creating the need for new laws. C. The common-law system prevails in England, the United States, and other countries colonized by England. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. Anglo-American common law traces its roots to the medieval idea that the law as handed down from the king’s courts represented the common custom of the people. II. WHAT IS COMMON LAW? A. Common Law is the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. III. WHAT ARE THE SOURCES OF AMERICAN LAW? A. The United States Constitution and the constitutions of the various states B. Statutory Law – including laws passed by Congress, state legislatures, and local governing bodies. C. Regulations created by administrative agencies (such as the United States Food and Drug Administration). D. Case law and common law doctrines. E. Secondary sources of law are books and articles that summarize and clarify the primary sources of law (i.e., legal encyclopedias, treatises, and articles in law reviews). Several SourcesConstitutional, statutory, and case law—these are your tools. The United StatesConstitution is the overriding document. It is the Supreme Law of the Land. Eachstate has its own constitution. State and federal statutes are interpreted by judgesthrough case law. These sources play in each practice area. For example,constitutional law governs searches and seizures in a criminal matter. Statutesprovide the framework for real estate transactions, and case law interprets andapplies both constitutional and statutory law. There is much to learn.| IV.CONSITUTIONAL LAW A. The Federal Constitution i. The United States Constitution, as amended, is the supreme law of the land. ii. A law in violation of the United States Constitution will be declared unconstitutional and will not be enforced. iii. The United States Constitution sets forth the powers of the three branches of the federal government and the relationship between the three branches. iv. Constitutional Rights 1. The first ten amendments to the United States Constitution are commonly known as the Bill of Rights. v. The Courts and Constitutional Law 1. The broad principles enunciated in the Constitution are given form and substance by the courts. 2. Courts Balance the Right to Free Speech a. Even though the First Amendment guarantees the right to free speech, the Supreme Court has made it clear that certain types of speech will not be  protected. 3. Free Speech and the Internet a. The Internet has raised new problems for the courts in determining how to define and apply the protections of free speech. B. State Constitutions i. Each state also has a constitution that sets forth the general organization, powers, and limits of the state government. ii. A state constitution is supreme within the state’s respective borders, so long as it does not conflict with the United States Constitution. C. Constitutional Law and the Paralegal i. Paralegals often assist attorneys in handling cases that involve constitutional rights or provisions. ii. Knowledge of constitutional law is beneficial because the authority and underlying rationale for the substantive and procedural laws governing many areas of law are found in the Constitution. V. STATUTORY LAW A. Statutes are the laws enacted by legislative bodies at any level of government. B. Federal Statutes. i. Federal statutes are enacted by the United States Congress and apply to every state. ii. Any federal statute that violates the United States Constitution will be held unconstitutional. C. State and Local Statutes and Ordinances i. State statutes are laws enacted by state legislatures. ii. Any state law that is found to conflict with the United State Constitution, or with that state’s constitution, will be deemed unconstitutional. D. Uniform Laws i. Uniform (â€Å"model†) statutes are drafted for adoption by the states. ii. A state can adopt or reject all or part of a uniform law, as the state legislature wishes. iii. An example of a uniform law is the Uniform Commercial Code (UCC). E. The Expanding Scope of Statutory Law i. Legislative bodies and administrative agencies assume an ever-increasing share of lawmaking. F. Statutory Law and the Paralegal i. A paralegal may often assist in cases involving violations of statutory law. ii. A paralegal working on cases governed by statutory law needs to know how to both locate and interpret the relevant state or federal statutes. VI. ADMINISTRATIVE LAW A. Agency Creation and Function i. Administrative agencies are created by legislatures to administer and enforce legislation and to issue rules to implement the goals of specific legislation. ii. Examples of federal administrative agencies are: 1. Environmental Protection Agency 2. Occupational Safety and Health Administration 3. Food and Drug Administration. A. Administrative Law and the Paralegal i. Paralegals frequently deal with administrative agencies. 1. Paralegals may also work for administrative agencies, drafting new rules, mediating disputes, and numerous other tasks. Consulting CasesCase law represents judicial opinions. Judicial opinions represent opinions written by judgeson a particular case. Understanding case law can be difficult. It requires analytical skills. Suchskills are acquired over time and after reading many cases. But do not despair. When you findthat perfect case, it will be worth it.| VII. CASE LAW AND THE COMMON LAW TRADITION A. The Origins and Nature of the Common Law i. Common law originated in medieval England with the creation of the king’s court. ii. Courts developed the common law rules from the principles underlying judges’ decisions in actual legal controversies. iii. Judges attempted to be consistent. When possible, they based their decisions on the principles suggested by earlier cases. iv. The practice of deciding new cases with reference to former decisions, or precedents, is a cornerstone of the American judicial system. v. Stare decisis means â€Å"to stand on decided cases.† vi. Under this doctrine, judges are expected to abide by the law as established by previous court decisions. vii. Sometimes a court will depart from precedent if it decides the precedent should no longer be followed. VIII. WHAT IS THE IMPORTANCE OF PRECEDENT TO THE JUDICIAL DECISION-MAKING PROCESS? A. The judicial process is informative, thought-provoking and often insightful, albeit verbose. It is also timely given the intense political nature of current federal judicial confirmation proceedings. Under the doctrine of stare decisis, once a court has set forth a principle of law as being applicable to a certain set of facts, that court and courts of lower rank must adhere to that principle and apply it in future cases involving similar fact patterns. Stare decisis have two aspects: first, decisions made by a higher court are binding on lower courts; and second, a court should not overturn its own precedents unless there is a strong reason to do so. IX. WHAT ARE EQUITABLE AND LEGAL REMEDIES? A. Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry VII to provide more flexible responses to changing social conditions than was possible in precedent-based common law.

What Is the ACT Out Of

What Is the ACT Out Of SAT / ACT Prep Online Guides and Tips You may have heard of this standardized test calledthe ACT. What's this test out of? What's the highest and lowest ACT score? And what score should you try to get? I'll answer allof these questions below. What Is the ACT Out Of? When you get your ACT score report, you'll see several numbers including your composite ACT score and your individual section scores (there are four sections: English, Math, Reading, and Science). The composite ACT score is the primary number that colleges look at.The composite ACT score is out of 36.Scores range from 1 to 36. Each section is also out of 36, with scores ranging from 1 to 36 in the individual sections. To give you a sense of the range of ACT scores in the US, I've assembled this chart with approximate national ACT percentiles: Percentile ACT Score 25th 16 50th 20 75th 24 Your final ACT composite score is calculated by average the 4 section scores and rounding to the nearest whole number. For further explanation, read How Do You Calculate ACT Score? What Score Should You Aim for in theRange? You don't necessarily need to aim for a perfect 36.You should choose your target score for the ACT based on what score will get you into your target schools. Find out what the average ACT score is for accepted students to your target schools by search â€Å"[College Name] ACT† in Google. You'll likely find the school’s 25th/75th percentile scores. What are these numbers? The 25th percentile ACT score means that 25% of admitted freshmen received a score at or below that number (75% of admitted students scored higher). The 75th percentile score means that 75% of admitted freshmen received a score at or below that number (25% of admitted students scored higher). Well, what should you aim for in the 25th/75th percentile range? You should aim for a score at or above the 75th percentile score to have the best chance of being admitted. For a more in-depth explanation of what your target ACT score should be, read What is a good ACT score? A bad ACT score? An excellent ACT score? What’s Next? Learn more about the ACT test format and prepare to rock the ACT: What is the ACT? A Complete Explanation of the Test The Ultimate Study Guide for ACT Science: Tips, Practice, and Strategies The Ultimate Prep Guide to ACT Reading: Strategies, Tips, and Practice The Ultimate Study Guide for ACT English: Tips, Rules, Practice, and Strategies Want to improve your ACT score by 4+ points? Download our free guide to the top 5 strategies you need in your prep to improve your ACT score dramatically.

Pros and Cons of Storing Nuclear Waste Essay Example

Pros and Cons of Storing Nuclear Waste Essay Example Pros and Cons of Storing Nuclear Waste Paper Pros and Cons of Storing Nuclear Waste Paper Essay Topic: Pros and Cons Nuclear Pros and Cons A seemingly ideal action, Yucca Mountain is 100 miles outside of Lass Vegas, with the nearest humans 15 miles away (Hansen, 2001). However, many environmentalists and Nevada residents have grave reservations about putting the permanent storage at Yucca Mountain, citing concerns such as waste transportation dangers, geological instability, and the inability of the site to store all of the United States waste. They feel this is a hasty decision that is political in nature (Hansen, 2001). While the storage of nuclear waste is not an ideal situation, Americas current reliance on nuclear power makes it a necessity. The Yucca Mountain repository is currently the best option for long-term storage because of its relative isolation from human settlements, natural geological features, and its large storage capacity. Since nuclear waste is deadly to humans, the location of a long-term facility is crucial. In the event of a catastrophe, the ability to isolate the area effectively and expose as few people as possible to danger is critical. With the closest humans 15 miles away, Yucca Mountain is an ideal place to build the repository. The location provides the safety necessary for the success of the reject by limiting peoples exposure to radioactivity. The desert isolation also provides better security for the site, protecting from an easy assault by terrorists. With no one living near the mountain, several checkpoints can be setup allowing almost impregnable security access. While the isolation of the site is a selling factor, the same seclusion creates one of the biggest dangers associated with this project. That problem is the transportation of nuclear waste to Yucca Mountain. The majority of states will ship many tons of waste by rail or truck to the repository. Critics feel human error and weather conditions could lead to many accidents, with the possibility of a situation similar to Coherently. They feel that the more waste that is transported, the better chance an accident will occur. The fear is that emergency workers will not be able to handle the type Of problems that could arise. However, tests of the shipping containers and computer modeling have produced little evidence that an accident would cause a wide spread release (Hansen, 2001). As long as trained emergency workers can effectively handle potential dangerous situation, the rewards of the sire far outweigh the risk involved. The Department of Energy plan calls for a site whose natural geological features, when mixed with human barriers, will provide a safe storage facility for the waste. According to a 1 998 study, Yucca Mountain fits this requirement. Summarizing 15 years of site data, the Department of Energy report stated that the arid climate and stable geology would reduce the risk of a leak, with any leakage having to pass through 1 000 feet of rock to reach the water level (as cited in Hansen, 2001). The study concludes that once sealed, there would be little or no increase in radiation exposure for 10,000 years (Hansen, 2001 ). Critics, including Novenas Agency for Nuclear Projects, disagree with the findings of the study however. Citing other geological reports, Novenas Agency for Nuclear Projects claims that Yucca Mountain sits on an active earthquake zone and has received at least 600 examples of seismic activity Of 2. 5 Or higher (as cited in Hansen, 2001 This activity could lead to a rupture in the tanks, which may result in a leak. The Department of Energy is confident that the potential seismic events will not result in container leakage since the design of the containers allows them to stand up to the elements and last 1 0,000 years. Even if the unthinkable occurs, the sites isolation will help keep danger to a minimum. The other major factor making Yucca Mountain an ideal choice is the storage capacity of the site. Estimations state that 84,000 metric tons of waste will require storage by 2035 (Hansen, 2001 Even though Yucca Mountain only holds 70,000 metric tons, the majority of waste will be able to be safely stored. The large facility can double as a testing ground for new technologies, such as transmutation, and allow their incorporation into future storage sites. According to the National Research Council, Transmutation, the process of making nuclear waste less radioactive by extracting plutonium, allows isolation times to decrease significantly (as cited in Hansen, 2001). Since the finished product is safer, it can be securely stored closer to humans. The major drawback is the cost, with estimates saying the process would cost $280 billion according to a 1999 Department of Energy study (as cited in Hansen, 2001). However, the increased energy production created by the process will subsidize the cost. The other problem, according to the same 1999 Department of Energy study, is that the process would take 1 1 7 years to transmute the current American nuclear waste (as cited in Hansen, 2001). Continued research should help to decrease the cost and increase efficiency, allowing for even safer storage in the future. Nuclear energy is an important element of our electrical production. Unfortunately, nuclear waste is a necessary by-product requiring the utmost safety. An isolated location with many natural barriers is necessary for the safe storage of nuclear waste. Yucca Mountain best seems to fit the requirements for a repository. Critics feel that long and frequent transportation runs increase the likely hood of a disastrous leak. The containers used to ship the waste should prevent this from happening. Opponents feel that any leakage could result in danger to inhabitants of the region. However, the closest people to Yucca Mountain are 15 miles away. The deep rock should prevent any radioactivity from affecting the water evils, and the location of the mountain will make protection of the facility from terrorist mush easier.

Multiple Questions on History Essay Example | Topics and Well Written Essays - 1250 words

Multiple Questions on History - Essay Example On the example of FARC it is clearly seen that this theory works. The group of people was gathered in order to protect the interests of oppressed people in the rural areas of Columbia. Another peculiarity of Focoist theory is that it was initially invented for developing countries. Thus, when Che Guevara’s theory is criticized, it may be argued that it is initially â€Å"Guerrilla War†. Revolutionary war in China has its specific laws as well. Mao Zedong has suggested strategies of revolutionary war in his well-known essays 'On Practice' and 'On Contradiction' (1937). Zedong makes an emphasis on revolutionary upheaval, which is based not on instantaneous protests, but is also confirmed by deep knowledge and profound historical experience of a nation. Maoism has guerilla roots as well. Still, unlike Che Guevara, Zedong makes an emphasis on the necessity of a proper education of a nation with regards to revolutionary issues. Question 2Atomic weapon influence on military t heory after WWII Thesis: A creation of atomic weapon after WWII signified an international pace for strategic preparation against hostile moods of the world. Atomic weapon was a serious intimidating factor uprising those countries, which owned it and diminished power of countries, which did not have it. An inevitable development of atomic weapon was propagated by its supporters and developers, such as Lawrence, Alvarez, Teller and others. They claimed that it was wise for the United States to protect their nation against intimidating factors of potential hazards caused by atomic weapon. Nevertheless, the fact that  Atomic Energy Commission forbade development of atomic weapon for America may be explained by two main reasons: a lack of technology development in this field : â€Å"Oppenheimer believed that the atomic forces of the United States would be more effective if they consisted of many large fission weapons (of which multiple bombs could be dropped on the same targets) rath er than the large and unwieldy predictions of massive super bombs, for which there were a relatively limited amounts of targets of the size to warrant such a development† (History of nuclear weapons, 2011). Consequently, it is evident that a significant shift happened in military theory. After WWII atomic weapon was mentioned as a powerful tool regulating diplomatic policies and controlling over them in the post war period. Question 3 Evolution of US military approaches in Vietnam Thesis: from thousands of hostile attacks to diplomatic negotiations, - these were limits of American political strategy in the war of Vietnam. In order to support policies of the South’s government, America sent in 1963 6,000 of forces to South Vietnam. Starting from 1965, Johnson triggered the war, bombing North Vietnam and these attacks mounted up to in 1968. During times of Nixon, starting from 1968 policies of Vietnamization was promoted. America made an attempt to destroy Communism in Vi etnam in 1970. There is a gradual evolution of military policies in Vietnam: from hostile moods to diplomatic agreements. For the American history this war was the longest one. In the result of war in Vietnam 2 mln lives were gone and 60,000 deaths among Americans emerged. South Vietnamese should be protected by the American government from totalitarian regime. Moreover, it should be noted that this lesson of war

World economy Essay Example | Topics and Well Written Essays - 1000 words

World economy - Essay Example And then, it might prove effective for the organization to present varied types of inventive products as per the requirements of the customers thereby amplifying the brand image and productivity of the organization in the market among other rival players. Moreover, in order to enhance the level of reliability and loyalty of the customers over a brand, customer retention is also extremely essential. It might prove effective in enhancing the brand value of the organization thereby amplifying its level of competitiveness to a certain extent in the future age among other players. Globalization is described as the process to move towards a more integrated and inter-reliant economy. This is mainly due to certain key environmental factors such as competitiveness, market trends, technology, political and economic scenario. Competitiveness- it is denoted as another vital environmental driver that offered significant impacts over the profitability of the organizations operating in diverse segments. Therefore, in order to cope up with such challenges, maximum extent of the organizations decided to offer varied types of inventive products to retain its brand image and customer base for longer period of time. Economic downturn- it is also another factor that offered a negative impact over the functions and operations of the organizations. As a result, in order to survive, most of the organization implemented the strategy of presenting value-added products at lowest possible price. So that, it might be used by the individual of varying age groups, religions, living standards and life style. Only then, the level of turnover and profitability of the organization might get enhanced with a significant extent in the future era as well. Thus, from the above paragraph, it might be analyzed that globalization makes nation-states more inter-dependent over one –another, i.e. more integrated into a global economy (World Trade Organization, 2008). Technology- introduction of varied

Higher Incidence of Diabetes Among the American Indians and Alaskan Essay

Higher Incidence of Diabetes Among the American Indians and Alaskan Natives - Essay Example Although the exact cause of this finding may vary from one case to another, it appears that genetic differences and racial or ethnic differences play a major role in this regard. Diabetes is affecting the lives of certain groups of the American population in a disproportionate manner and is, therefore, resulting in a number of health-related, social and financial problems; not only for the individuals suffering from the disease but also for those who are directly or indirectly involved with the patients. Diabetes is relatively more common among the American Indians and Alaskan Natives (Joslin and Kahn 514). The exact cause of why this disease affects these populations disproportionately is as yet unknown. With the passage of time, this disease is becoming more and more common among the people of young age belonging to these races and ethnicities. The prevalence of the diabetic disease is three times higher in American Indians and Alaskan Natives as compared to other American adults of similar ages. It is therefore essential to take corrective actions regarding prevention of diabetes in this population. As compared to other minorities, American Indian and Alaskan natives are extremely small in number and the term is used to refer to individuals having origins in the original people of South America and other people of the North that maintain tribal affiliation. The largest population of American Indians and Alaskan natives resides in California, Oklahoma, Arizona, Texas, New Mexico, New York, North Carolina, Washington, Alaska, and Michigan. Alaskan villages harbor the majority of Alaskan natives (Shinagawa & Jang 98).

Race and Ethnicity Essay Example for Free

Race and Ethnicity Essay Race and racial issues are all around us. Nobody can sneak behind a curtain, or tuck themselves away in a dark room to avoid this; there isn’t a way to escape racism. Our day to day lives are filled with stereotypes and overgeneralizations that make us think and judge the wrong way. We weren’t born into a race or into a category, but rather into a large melting pot. As Tim Wise said, majority of cops when asked â€Å"What would you assume about a Black or Latino male who lives in a shady neighborhood and has a nice, new car? † would respond â€Å"those men are more than likely drug dealers† just because of their race, when in fact, when compared to Black and Latino males, White males are four times more likely to be in possession of drugs at the time of an arrest. Our founders did not want this to be the case. Abraham Lincoln fought to end slavery and abolish the inequality between Human Beings, not guide us in to thinking the color of our skin shapes us and the opinions we create for others based on their â€Å"race†. Can you believe that ninety-four percent of White Americans believe that racial problems are a small issue like not being able to find the match to your shoe, whereas the other six percent are fully aware that this is a huge controversial issue? Those people who believe racism has dwindled down that much need to have an eye opener. Majority of â€Å"White Americans† are the ones who stereotype and categorize those of a different skin color. It is us â€Å"White Americans† who benefit from being the main race, and having the â€Å"White privilege†. More people need to go to a Black neighborhood and talk to those who see racism every day because in the area that about half of us live, racism is small compared to a large city. White privilege might have begun around the same time slavery had. White people, being the majority, saw the â€Å"new race† as an opportunity to become supreme ruler over something, to have large groups of people work for them. The African American community thought differently, and tried running away. Infuriated, the Whites began on a whole new level believing anyone who ran away from the plantation was sick. Slavery in general, helped create white privilege and stereotype all African Americans into the working type, and now the druggies. All these past experiences have made it harder for African Americans to strive in our society. In previous decades, they deliberately separated White and Black neighborhoods, and when a Black moved into a White neighborhood, the houses value and the neighborhoods value decreased just because the people who moved there were of a different color. It is absolutely ridiculous that racism is still around about just as much as it was seven years ago. Anybody with logical thinking would believe that it would have dwindled down to something less severe. Unfortunately, several towns are still divided and segregated because of race and skin color. I hope I get to see every race and skin color come together and work together fully, across the nation before I’m fifty, that’s thirty three years from now.