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Secondary Sources of Law essays
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Primary Authority is a law used to support propositions or to persuade a court authority to be in favor of that individuals position. For the purpose of clarity, Primary Authority is defined in reference to legal research statements of the law that are binding in regards to the government, the courts, and individuals. It is important to always read and evaluate primary authority no matter how spot on and helpful your secondary sources are to your legal research because primary authority establishes the law, and if no legal no documents exists, it will be the legal opinion of a court. Furthermore, secondary sources are used as tools to find primary sources. Secondary sources are very important because they are designed to explain the legal
“The villain of any story is often the most compelling character” –John Hodgman. Hodgman quotes here that often in a story the villain is known to be the most overpowering character. In Arthur Miller’s The Crucible, Judge Danforth, due to his misuse of privilege as a naïve dignitary, is the most villainous character in the play. This creates the tragedy in Salem because his ill-judgement and desire for power leads to the deaths of the accused citizens who in reality are innocent.
The central question of federalism is “Who should do what?” National government supporters believe only a strong central government is capable of ensuring the rights and liberties of its citizens. States’ rights advocates argue for limiting the implied powers of the national government. Federalism was a compromise for the conflict of states’ rights versus central authority. Federalism divides power between the national and the lower level governments with each having distinct powers that the other cannot override. (pg. 46)
Judiciary as the Most Powerful Branch of Government In answering this question I will first paint a picture of the power that the court holds, and decide whether this is governmental power. Then I will outline the balances that the court must maintain in its decision making and therefore the checks on its actions as an institution that governs America. "Scarcely any political question arises that is not resolved sooner or later into a judicial question." (Alexis de Tocqueville Democracy in America) If we take Tocqueville on his word then the American Judiciary truly is in a powerful position.
The issue of authority and respect has been and will be an ongoing issue between youngsters and their elderly. In the story Red Dress by Alice Munro and the movie Rebel without a Cause by Nicholas Ray the issue of authority and respect comes up many times through the character actions. Authority and respect is directly linked to one another. It is very hard to obey supremacy if you have no respect for authority. In both the works we have studied, all the characters have trouble dealing with the issues of authority and respect for themselves and for others, they do not show respect to their parents and therefore does not look upon them as authority figures.
The Constitution of the United States was created on September 17, 1787, but not everyone agreed that it should become the law of the land. Authors of the Constitution, James Madison and Alexander Hamilton, published The Federalist Papers to promote ratification of the Constitution by the States. The Federalist were committed to ensuring the Constitution was ratified. However, they were not without opposition. The Anti-Federalist opposed the Constitution and believed that it would cause the new union to fail. Anti-Federalist were politicians and businessmen such as George Mason, Patrick Henry and John Winthrop, but there were many farmers and common people among the group. Their primary objections to the Constitution was that it weakened the State governments, that it lacked a Bill of Rights and that it protected the wealthy at the expense of ordinary Americans.
The preamble introduces the constitution. It states that the government comes from the people. Its general purposes are in order to form a more perfect union we have to
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
Obedience is a form of social influence in which a person yields to explicit instructions or orders from an authority figure. Already at an early age we are taught to obey authority figures within our social groups through influences such as parents, teachers or even religious establishments.
In the video Eric Liu spoke of the systems of power that society has structured. Eric defines power as the ability to make others do what you would have them do. He sees power as being found with family, at your workplace, and in relationships. He defines the six main sources of civic power as being Control of physical force, wealth to buy results and other power, State action (government) to have control over people and what they do. An example for this would be that in a democracy the citizens give government power through elections, and in contrast dictatorship expresses power through force. The fourth civic power is known as social norm, which means what others believe that is okay, and what is not okay. The fifth civic power is ideas meaning
Authority cannot exist without obedience. Society is built on this small, but important concept. Without authority and its required obedience, there would only be anarchy and chaos. But how much is too much, or too little? There is a fine line between following blindly and irrational refusal to obey those in a meaningful position of authority. Obedience to authority is a real and powerful force that should be understood and respected in order to handle each situation in the best possible manner.
“A Binding Precedent is a decided case which a court must follow even though it is considered to have been wrongly decided…” (Terence Ingman, 2002, Page 420). “A Persuasive Precedent is one which is not absolutely binding on a court but which may be applied” (Terence Ingman, 2002, Page 420) Bromley London Borough Council V Greater London Council (1982), Searose Ltd V Seatrain (UK) Ltd (1981). There are certain elements that Judicial Precedent is dependant upon, they are that the material facts of the case must be the same, the principle must be a proposition of law, it must form part of the Ratio (see below) and that there has to be sufficient and accurate reports of earlier decisions.
WE can however, accommodate mechanisms which operate as additional or subsidiary processes in the discharge of sovereign responsibility. These enable the court system to devote its precious time and resources to the more solemn task of administering justice in the name of sovereign." Street, The language of alternative dispute resolution' (1992) 66 Australian Law Journal, 1994.
Sovereignty Sovereignty refers to ultimate and absolute authority designated to either an individual or an institutional body. The term sovereignty could be contested due to the fact that there is no universally agreed definition. Thomas Hobbes defined what he considered the basis of a political body as 'the most high and perpetual.' (Hobbes, quoted in Heywood, 1997, p26.) This view has proved rather simplistic.
According to Merriam- Webster dictionary, Delegation is the act of empowering to act for another or it is the act of giving control, authority, a job or a duty to another person. This therefore infers that power has been given to someone to perform a particular role or duty. Thus a manager alone cannot carry out all the tasks assigned to him. In order to meet the goals, the manager should delegate authority.. Delegation of authority can be defined as subdivision of powers to the subordinates in order to achieve effective results.
adopted by the American Law Institute. As its title suggests, the topics the Restatement covers