…Everything must depend on the particular circumstances, but broadly, I think what must be shown as constituting factual possession is that the alleged possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and that no one else has done so". Where the land was previously open ground, fencing is strong evidence of factual possession, but it is neither indispensable nor conclusive. Intention to Possess: There must not merely be an " intention to own or even an intention to acquire ownership but an intention to possess" (Buckinghamshire County Council v Moran (1988) 86 LGR 472, per Hoffman J, approved by House of Lords in J A Pye (Oxford) Ltd v Graham [2002] UKHL 30). This means "the intention, in one's own name and
The lien applies to all of the property owned by the PRP and not just the portion of the site affected by the cleanup. However, the lien is subject to the rights of bona fide purchasers and previously perfected interests in the property so it does not act as a “superlien”. The lien becomes effective when EPA incurs response costs or notifies the property owner of its potential liability whichever is later, whichever date is later. Although the lien was enacted as part of the 1986 Superfund Amendments and Reauthorization Act (SARA) to CERCLA, it applies to costs incurred prior to the passage of SARA. The lien continues until the PRP resolves its liability or it becomes unenforceable though operation of the CERCLA statute of
In the Constitution, every single American, born on the American soil, is considered subject to the rights in the Declaration of Independence. The Declaration of Independence does not discriminate, and does not single-out any one particular religious sect,
The Bill of Rights makes sure the government understands that they cannot violate people’s rights of liberty and privileges. The Anti-Federalists views proved to be true to this current day, as the Bill of Rights is in the Constitution, and it limits the power of the U.S. federal government and protects the natural rights, liberty, and property of
The meaning of open-field is a rule of law that an individual may not legitimately demand privacy, and consequently the guarantee and protection from searches and seizures without a warrant or probable case for activities conducted out of doors in fields, except in the area immediately surrounding the home only the curtilage (q.v.) is included with the Fourth Amendment purposes. No expectation of privacy legitimately attaches to open-fields. (The Law Dictionary, pp 240). What are the four factors used in determining
And lastly in the Bill Of Rights, amendment 3, “No soldier shall, in the time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. These where created to prevent such abuse of power from happening again. In conclusion, it is clear that many factor lead to the creation of both the Constitution and the Bill Of Rights. The grievances set forth by the colonist where justified and their reactions helped shape the foundation on which the country was built and the reason why we enjoy such freedoms
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
Let’s assume for the sake of argument it does protect an individual right, it is no more absolute than freedom of speech or any other right in the Constitution. No right is absolute; the government is always allowed to restrict the right if it can satisfy Constitutional strict scrutiny and show the restriction is narrowly tailored to promote a goal of compelling importance. Ironically, the very first federal appellate court in recent history to hold that there was an individual right to bear arms under the Second Amendment, the Fifth Circuit, then went on to nevertheless uphold the particular restriction that was being challenged! Mainly, that the guy was under a restraining order for domestic abuse and he wasn’t allowed to possess a gun. The court said the Second Amendment protects your right, but this regulation doesn’t violate your right.
* The introduction; this part refers to the Laws of Nature and of Nature’s God entitling the people to assume any type of political independence. * The preamble; this part states that there are certain unalienable rights that government should never violate. Those rights include the right to life, liberty and the pursuit of happiness. Should those rights be violated and the government fails to protect them, the people have the right to protect those rights themselves by overthrowing the government. * The indictment; it begins by stating the suffering of the American colonies.
Bear in mind that the Bill of Rights guarantees that the federal government must ensure the rights contained therein. There is nothing in the Constitution or the Bill of Rights that promises the states will preserve any rights at all. After the Civil War, it became apparent that the Southern states were going to do everything possible to make life difficult for the slaves who were now freed. So the 14th Amendment makes clear in its language that the states must provide all the "privileges or immunities" of citizenship, and the 15th makes clear that race may not affect these rights. Without this language, the states would have been free to do as they pleased (The United States Constitution,