It is an universal acknowledged legal truth that ignorance of law is no excuse (ignorantia juris non excusat) i.e., every prudent man of the society is supposed to know the law of the land which concerns about his right, life, liberty, duty, obligation, powers, privileges and immunities. The workmen, the employers engaging such workmen and the law enforcement agencies (Inspectors), it is expected, are required to know the law (Inter-State Migrant Workmen Act) with which they interact. Awareness of law for all such classes of persons is imperative because one is the beneficiary; the order is the giver of the benefits as well as the protector of the interest and entitlements. The law concerning the inter-State migrant workmen emanates …show more content…
These functions and duties of the state have given rise to concept of social justice. The concept of social justice is dynamic. In dispensing social justice apart from interest of the contesting parties, the general and over-all interest of the society as a whole have to be taken into consideration so as to prevent pampering of one group at the cost of the rest, especially in matter of claim of labour. The principle that the employer and the employee are so inter-related as well as dependent on each other that it is in the interest of each that other should survive; it is in the interest of society that both should be kept functioning in harmony with each other. In time of stress the workman is at greater disadvantage. He has not as much to fall back on as his employer; it is for the good of both that the employer should be made to help him to keep himself alive and fit to work. Keeping in view the above said concept
Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it.
In the case, Arizona versus United States, I am representing the respondent, United States, where we are seeking to stop the enforcement of S.B. 1070 in the federal district court before the law can be taken into effect. S.B. 1070, also known as Support Our Law Enforcement and Safe Neighborhoods Act, was passed in the state of Arizona in 2010 as an effort to address the large numbers of unlawful immigrants entering the state. The United States seeks to declare S.B. 1070 as preempted by the federal immigration law, where the four provisions of S.B. 1070, Section 3, Section 5, Section 6 and Section 2(B) violated the Supremacy Clause of the United States Constitution.
The courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..
The Torah, the Tanak, the Hebrew Bible, and the Pentateuch. No matter how you say it they all mean the same thing. The Torah is the foundation of Judaism: the most sacred documents. The word Torah can mean numerous things. It often simply refers to the T in Tanak. It is most commonly translated to mean “ the law”. There are five books that make up the Torah. These books are referred to as the Five Books of Moses: Exodus, Genesis, Leviticus, Numbers, and Deuteronomy. The books of the Torah tell the Israelites a story. A story that begins where we begin, and ends before the introduction of the Savoir. It is often questioned, who the author(s) of the Torah is (are). For this question there are generally two main hypotheses: Mosaic Authorship and the Documentary Hypothesis.
In her famous 1776 letter to her husband, Abigail Adams wrote in regards to the formation of the constitution: “in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors” (how do u cite stuff) However, it would take another 144 years of dedicated, tireless effort in order for women to receive the basic constitutional right of voting. This conversion of women being seen as second-class civilians to becoming full citizens with the power to vote was a monumental political change in our country. Many suffragists of all backgrounds dedicated their lives to see this change occur. These suffragists were fueled by the hope that women would someday be equal to men not only in the eyes of our government, but in the eyes of our society as well. Their efforts transformed women’s suffrage from an improbable and far-fetched dream, into an awe-inspiring reality.
What court will have jurisdiction over Tanya's suit? Why? The most likely court with jurisdiction over Tanya's suit will be the federal court in the state of Confusion. That is because Tanya's suit raises a federal issue, that of the regulation of interstate commerce. Generally, such a case would be filed in the federal court in the same state where the alleged harm manifested itself. However, there is also a possibility that Tanya could seek to use the concept of "long-arm" jurisdiction (Nowak & Rotunda, 2007) to have the case adjudicated in the federal court in Denial based on the fact that the illegal regulation in Confusion affected some of the residents of the state of Denial, irrespective of where the harm was caused.
The United States Constitution is the supreme law of the United States of America which defines the structure of national government and dictates the capacity of its powers and limitations. The U.S. Constitution maintains its purpose as the fundamental application of law in the United States where all other laws are measured against it. Furthermore, the Guarantee Clause of Article 4 specifies each state to maintain a degree of sovereignty over its own forms of government (U.S. Const. art. IV, § 4). State constitutions mirror the design of the federal constitution and contain extended provisions of the U.S. Constitution.
July 4, 1776; Independence day, the day America became its own independent nation from the rule of King George III of Great Britain. With the new country, the Founding Fathers believed it to be best to have law governing the nation instead of man governing the nation. The Founding Fathers wanted a nation of laws due to their experiences with King George III and his unfair rulings. With this, though some people would disagree, it would create what the United States of America is today; a nation of law, protecting the people’s civil freedoms.
Prisoner #48551-083 is a 69-year-old white male named Robert Philip Hanssen. The former FBI-counterintelligence-agent-turned-Soviet-spy is serving life in prison without the possibility of parole at the Administrative Maximum facility in Florence, Colorado, where he is kept in solitary confinement. The United States government originally accused Hanssen of trading more than 6,000 pages of confidential information to the KGB in exchange for cash and diamonds and of blowing the covers of double-agents that the FBI had recruited from the Soviets (Willing & Watson). At the time of Hanssen’s arrest, then-FBI Director Louis J. Freeh said that the charges exemplify “the most serious violations of law – and threat to national security” (“Espionage case”, 2001). This opinion should make us question why, when traitors and spies should be executed in accordance to the United States Code of Law, we as a country are so lenient in our punishments of convicted spies such as Hanssen. Is it because we believe that we cannot decide if someone lives or dies? Are we afraid to acknowledge that the information fed to enemy governments could possibly mean the end of the United States as we know it? Or even the end of our own lives? How many people should be allowed to betray our country until we stop this issue before it is continually perpetuated? Although critics believe that the death penalty should be abolished, I use a combination of retributivist and deterrence arguments to argue that
Many of the sources agree that tribal governments should have assumed or inherent adjudicatory power over non-members on tribal land. Indeed, most sources repeat the same arguments with different justifications. There is a major focus on the history of tribal sovereignty and which is important to in how it impacts the impending decision in Dollar General v. Mississippi Band of Choctaw. Several sources focus on Native American tribe’s status, as domestic dependent nations are a major part of how the federal government continues to shrink tribal jurisdiction over non-members on tribal land.
The Justicia for Migrant Workers (J4MW) is a non-profit organization run by volunteer aimed at helping the migrant framworkers to gain their rights in Canada. This organization established in April 2001 when over 20 Mexican migrant workers organized a strike in Leamington and repatriated. They demand for a employment insurance created for the migran workers by the federal government and the right to apply for citizenship in Canada. Moreover, they fight to gain the fair treat and right to appeal for the workers (J4MW website, Our Main Demands). They offers workshop to educate the migrant workers to understand their rights and collect their complaints. Through the interaction with the farmers, helps them raise the awareness of legal issues.
As a sponsor, you have the full responsibility for all the duties, functions, and outcomes the migrant’s job. You serve as his/her link to the government. This is also the reason the government encourages the sponsors to not take the screening process for granted, and that ensuring that they get the best worker is always on top of their priority list. Your cooperation is also expected when the migrant working on a contractual basis is being moved from one organisation to another.
The real issue in criminal subject jurisdiction is whether the charges should be pursued by federal or state law. In the event that the charges affirm an infringement of federal Criminal Law, the respondent will be attempted in a federal court that is situated in the state in which the offense was perpetrated. In the event that the charges affirm an infringement of state law, the respondent will confront arraignment in a trial court that has jurisdiction over the territory in which the offense was conferred. On the off chance that a wrongdoing abuses both federal and state law, the respondent may be attempted twice: once in state court, and once in federal court.
Statutes are laws that are put into place by the legislature. Statutory law is applicable at the federal, state and local level. The laws can be a separate act or part of a code. Federal, State, and local Statutory Laws are used by school districts to guide decisions and ensure they are in legal compliance. This paper will examine IDEA (2004) and TEC §
In 1831, Chief Justice John Marshall of the United States Supreme Court wrote that "the relationship of the tribes to the United States resembles that of a ‘ward to its guardian '.” The Court determined that the framers of the Constitution did not really consider the Indians as foreign nations but more as "domestic dependent nation[s]" and consequently the Cherokee Nation [as any other tribe] lacked the standing to sue as a "foreign" nation. Justice Marshall also said; "The court has bestowed its best attention on this question, and, after mature deliberation, the majority is of the opinion that an Indian tribe or nation within the United States is not a foreign state in the sense of the constitution, and cannot maintain an action in the courts of the United States." Marshall attempted to strike a balance between the powers of the federal government, its relationship with Indian nations, and carefully measuring the sovereignty of the Native Americans. But the Seminoles, like all other Indian nations remained landlocked and unable to negotiate with foreign powers, but they could exercise their own constitutional powers that conflicted with the United States Constitution.