If a person becomes harmed by that of the government they have to follow the law and if they don't follow it will end up as a constitutes of a due process violation that will end up offending against the rule of the law. With the due process it is divided into a substantive and procedural categories. With the substantive process it relates to the general rights like the freedom of speech and the right to privacy. With the procedural process it relates to be able to
Conclusion Recognizing the importance of uniformity and predictability in this sensitive area of the law, I conclude that the rule for tort liability should conform to state and federal statutory and administrative law. Because both state and federal law now require warnings in English but not in
They must defend them to the best of their ability and look out for what is best for them… Prosecuting attorneys' clients are usually the people of a specific city or country. Prosecutors are ethically responsible to find justice in a more conventional sense, and therefore serve to protect their area of practice from dangerous criminals. THE JUDICIAL SYSTEM 6 Administration of
Court History and Purpose 1 Court and Its Purpose The judicial system interprets and applies the law through a system of courts, each with a specific position and function. The judicial system serves a very important purpose in interpreting the law. Its purposes is to fairly administer justice, protect rights and liberties, settle disputes, and interpret the Constitution. The three main functions of courts are upholding the law, protecting individuals, and resolving disputes. (Siegel, Schmalleger, & Worrall, 2011).
There is a strong case for both sides of this argument, but I believe that the power level given to judges is the right amount in relation to how important a role they play in supporting British society to work to its full potential through their requirement of upholding the law. Although, there is a strong argument to claim that despite this, they may not be the right people for the role as their independence and neutrality can be questioned, with a view that their power should potentially be limited. One of the strongest arguments, which can be used to defend the power given to the judiciary, is that despite what many believe, they can not over rule government, and government can in fact overrule the judiciary through their sovereignty, and this was backed by Lord Neuberger, head of the Supreme Court who claimed that the thought of parliament not being sovereign is ‘quite simply wrong’, highlighting the fact that the power is ultimately not with the judiciary. The judges do not have the power to repeal any laws despite their opinions on them; their job states that it is obligatory for them to enforce the law despite their personal opinions. However they do have the ability to make suggestions to possibly amend the law through highlighting flaws.
Other source of America law is administrative law it consist of rules, regulations, orders and decisions of administrative agency or governmental organization. This law performs a specific functions and rules issued by administrative agencies, since they make their own regulations it is not usually found in the statutes, with stringent procedures individuals must follow to obtain assistance from the agency and this is how administrative law is impacted. In addition, the sources that amount to mandatory authority is primary sources it refers to cases, statutes, or regulations that the court must follow because it is binding on the court. Even though, lower courts are required to follow decisions from higher courts in the same jurisdiction. Example: You are in Federal District Court for the Southern District of Florida.
Being assertive is not usually part of a person’s social upbringing but is learnt specifically. Assertive behaviour is dealt with by choosing a few well chosen rules that are clear and easily understood. An example of this is the law in the United Kingdom. The person must have the rules clearly explained and modelled so that the assertive person knows how they are expected to be. Assertive people must be dealt with quickly and
This clearly shows an effective protection of liberty by judges. Furthermore, a vital protection of liberties can be exercised via judicial review. Judicial review is a process that is conducted in the Supreme Court that hears an appeal over lawfulness of a case. It is not focused on the rights and wrongs of a case, this would be a case for appeal courts following the above methods, judicial review is simply an examination of the lawfulness of a case. For example, in the case of Home Secretary v. AP 2010 an appeal allowing the government to detain AP on a control order
Unit 4222-304 Principles for implementing duty of care: 1.1: Explain what it means to have a duty of care in own work role: In the law, a duty of care is a legal obligation imposed upon an individual requiring that they adhere to a standard of “reasonable care” while performing any act. It Is for me to provide high quality care to the best of my ability and if for any reason I am unable to do so, I must discuss with my supervisor why I can’t. 1.2: Explain how duty of care contributes to the safeguarding or protection of individuals: If I have concerns with my client around abuse of some sort, it’s within my duty of care towards my client to report it, this includes bad practice by my colleagues, or abuse by another individual, worker or even their family or friends. If I have any other doubts or concerns I would seek advice and guidance from my supervisor. 2.1: Describe potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights: If a client feels that the support from the service they are getting is not the best for them, it’s in their rights to question it and my duty of care to the client to put forward a solution.
The appeal process for sentencing is important because it allows the higher courts to supervise the exercise of sentencing discretion and therefore helps to ensure consistency. The higher courts do this by reducing or increasing sentencing on appeal and issuing guidelines sentences. The case of R v jurisic (1998) NSW is about an appeal by