Essay about Exclusion Clause

In 1830, the Jackson administration instated the Indian Removal Act. This act removed the Native Americans from their ancestral lands to make way for an increase of additional American immigrants. This act forced many Native American tribes from their homes including five larger tribes, Cherokees, Chickasaws, Choctaws, Creek, and Seminole. These tribes had populations were estimated to be around 65,000 people strong that lived in North Carolina, Georgia, Florida, Alabama, and Mississippi. (Foner, 2012) The American Indians fought for their rights and beliefs through the American court system. Their other objective other than fighting for their rights was but in the end, they were forced out of their homes to move

From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.

The Fourth Amendment is the basis for several cherished rights in the United States, and the right to the freedom of unreasonable searches and seizures is among them. Therefore, it would seem illegitimate- even anti-American for any law enforcement agent to search and seize evidence unlawfully or for any court to charge the defendant with a guilty verdict established on illegally attained evidence. One can only imagine how many people would have been sitting in our jails and prisons were it not for the introduction of the exclusionary rule.

Identify any person not already named as a party to this lawsuit whom you contend caused or contributed to the occurrence complained of, including any architect, engineer, designer, contractor, subcontractor or others.

15–1. Liquidated Damages. Carnack contracts to sell his house and lot to Willard for $100,000. The terms of the contract call for Willard to make a deposit of 10 percent of the purchase price as a down payment. The terms further stipulate that if the buyer breaches the contract, Carnack will retain the deposit as liquidated damages. Willard makes the deposit, but because her expected financing of the $90,000 balance falls through, she breaches the contract. Two weeks later, Carnack sells the house and lot to Balkova for $105,000. Willard demands her $10,000 back, but Carnack refuses, claiming that Willard’s breach and the contract terms entitle him to keep the deposit. Discuss who is correct. (See Damages.)

In order for the rights listed in the Constitution to have substance, there must be enforceable remedies imposed on the government for violations of those rights. In 1914, the U.S. Supreme Court, in the landmark case of Weeks v. United States,2 introduced the exclusionary rule as a remedy for violations of the Fourth Amendment.3 The Weeks Court felt that the only effective way to enforce the Fourth Amendment right to be secure from unreasonable searches and seizures was to adopt a rule that evidence seized in violation of the Fourth Amendment could not be used by the government against a defendant at trial. The Weeks Court further stated that a court should not sanction illegal government conduct by admitting into evidence the fruits of

The proposition that the exclusionary rule should be abolished is preposterous. There are few rules that are as useful in protecting the rights of the general public. Unfortunately, there are many who believe, for a number of reasons, that the exclusionary rule does more harm than good, and that American society suffers needlessly for the sake of protecting the rights of those who violate its laws. Opponents of the exclusionary rule perceive its gains to be dubious; its costs overwhelming. This perception is a flawed overestimation of the results of the rule’s principles. The principle in this case is that the exclusionary rule serves to protect the rights of the accused, and is specifically designed to create an incentive for police

1. Brockwell left his boat at Lake Gaston Sales to be repaired. Brockwell was required to sign a form that states that Lake Gaston Sales has no responsibility for any loss to any property in or on the boat. After the repair, Brockwell is missing electronic equipment and other items of his are damaged. Lake Gaston Sales is using an Exculpatory Clause. In some cases an exculpatory clause is may be unenforceable. Items damaged and stolen from Brockwell’s boat could be a result from Lake Gaston’s Sales’s negligence of taking care of and respecting customer property. This Exculpatory Clause likely will not be enforced because it is seeks

Chaos, controlling, powerful. Those are just a few of the words that can describe the Laws created by invoking section 33 of the Canadian Charter of Rights and Freedoms. The notwithstanding clause is a horrible creation it gives the government too much power and control. Personally, I believe it should be abolished because it can take our rights and freedoms away, it gives the Politicians too much power, and because it does not allow people to have a say in the laws and because the courts cannot have the final say.

The exclusionary rule protects evidence that was found through unconstitutional methods from being used. The Fourth Amendment is a part of the Bill of Rights and it was a focal point to protect their citizens due to the British abusing their powers and trespassing during the 1700s. It is currently a heated topic of discussion in society due to the San Bernardino shooting. The exclusionary rule is involved in that shooting because the FBI is requesting access to iPhones to prevent further shootings however, some argue that the FBI would not be able to use the evidence due to the fact that they would be violating our Fourth Amendment. This scenario ties into the different viewpoints of the controversial topics. Constitutionalist, Tim Lynch, believes strongly in the exclusionary rule and its purpose of deterring officers from breaking the Fourth Amendment while plenty of officers firmly believe that it should be abolished since it has led to guilty criminals that have incriminating evidence walk free based off of how the evidence was acquired. I personally believe that the exclusionary rule is an important part of the judicial system and is a good well-written rule that protects our freedoms from being violated by law enforcement.

A dealer sold a new car to Raymond Smith. The sales contract contained language expressly disclaiming liability for personal injuries caused as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto, Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car.

Peter booked a room for a week at Macgregor Hotel. At the reception desk, where he made the booking, was a notice limiting the hotel’s liability for loss of, damage to guest’s property.

Given men are traditionally able to succeed at business, when a father is thinking about what to do with his own business his immediate thought for a son to take over. Mara Hvistendahl asks in her book Unnatural Selection, “what good is material wealth if you don’t have a son to inherit it?” (2011:20) If a business grew from a startup to a success, owners, who are predominately men, want to keep the success in the family. The fathers of the world begin to train their sons from a young age to follow in their footsteps. Whether those footsteps be the CEO of a fortune 500 corporation, or a family owned auto shop; sons are groomed to inherit the name that their father has made for himself. Rarely are daughters trained to take over control of their father’s business. They are groomed by the mother to be able to tend to their husband. The world is set up to have men as leaders and women as followers. Women being labeled as second place is one of the causes of so many missing women. Their lack of importance leads to a lack of motivation by parents to spend time and money raising a girl.

G. Indemnification of Attorney Fees and out-of-pocket costs. Should any party materially breach this agreement (including representations and warranties made to the other side), the non-breaching party shall be indemnified by the breaching party for its reasonable attorney fees and out-of-pocket costs which in any way relate to, or were precipitated by, the breach of this contract (including the breach of representations or warranties). This provision shall not limit in any way the

Before unilateral contracts come into place, contract law is about a promise for a promise. Cases such as Carlill v Carbonic Smoke Ball Co. have shown how the contract law has adapted to accommodate this form of contract. Judges seek to identify consideration and acceptance in unilateral contracts whilst managing to achieve a balance between protecting reasonable expectation of an honest man and retaining respect for the sanctity of contract.