Abstract This paper reviews Articles 35 and 20 of New York's Penal Law. The paper applies these two articles to the case of Popye and Olive Oyl. According to the paper, Popye tries to defend Olive Oyl's honor by trying to beat up Bluto, who gets the upper hand. The paper goes on to say that Olive Oyl then kills Bluto in order to save Popye's life.
With this in mind, this paper will answer various related questions in an effort to better understand these laws and how they apply in theoretical, and actual cases.
Outline:
Abstract/Scenario
Olive's Most Serious Crimes from the Viewpoint of a Juror
Availability of Justification Defense Under Article 35 of New York Penal Law Implications Under Article 20 of New York Penal Law Legal Precedence
Summary
From the Paper "Preceding all of the actions that began with Popeye and Bluto's physical fight and climaxing in the death of Bluto at the hands of Olive, under Code 20, lies the Duty of Retreat, which holds that when there was a possibility for a verbal argument to escalate into physical fight, Popeye had the obligation to remove himself from the situation, as did Olive. When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence."
Abstract There are many distinctions between preparation and attempt in law and many different definitions of attempt that need to be considered when examining these distinctions. There have been cases that have set these definitions, and other cases that have toppled standing definitions and understandings in the favor of new perspectives. This paper examines issues of attempt and preparation in the law, going through a rational process of analysis, which serves to point towards the above mentioned distinctions between preparation and attempt in the law of attempt. The law of attempt itself is differentiated and categorized within the context of the report on the state and national levels, with the assumption being that most states treat attempts less seriously than actual committed crimes as a matter of programmatic policy. The concepts of preparation and attempt are presented in terms of summative definition and precedent and are also examined through the analysis of examples. The intended accomplishment of the definitions is then be assayed in terms of its bearing on matters of incidence and circumstance. The paper looks at proposed reform measures and addresses future concerns before concluding.
From the Paper "For example, if an individual decides to rob a bank, they might do surveillance on the bank, buy a gun and a mask, and perhaps involve partners who can come in and split the money between them at a prearranged meeting place. All of these actions are preparations for the crime of robbing the bank, but they are not attempts to rob the bank:
they all go on outside of the bank's walls. The individual goes about this preparation with the intention of robbing the bank, but these preparations, by their very definition, are not attempts to rob the bank in a physical sense at all. They are premeditated plans which involve robbing the bank as a goal. They are the means, if attempt is the ends."
Abstract Development of the roles of the English judiciary and the legislature. Includes observations of the impact of the Human Rights Act and subsequent loss of sovereignty to Strasbourg. Full dissection of the relationship between statute and the Common Law and the part that morality/justice should play in the law courts. Theoretical questions from legal theoreticians such as Dworkin and Hart discussed.
From the Paper "Answering this question involves discussing: what other forms of law (apart from statutory text) judges should refer to; which form of law takes precedence; how a judge should interpret a statute, especially if it is unclear or ambiguous; and what he is to do if he cannot operate within the bounds of existing statutory texts. These issues induce us to look at the use and scope of a judge's discretion. A consideration of the use of the word MUST is also needed. Must a judge operate in a certain way? Or are there merely guidelines as to how he should operate?"
Abstract This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper "A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
Abstract This paper explores e-commerce and the legality of such translations that are increasing so rapidly. The paper examines the formation of electronics contract and discusses the position it holds in law. Case studies are included in the paper.
From the Paper "Amazon.co.uk is a web site company that sells books, DVDs, CD's, software and video games. In their terms and conditions, it says: Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Amazon.co.uk sends the e-mail to you (whether or not you receive that e-mail)?? As in the postal rule ? whether or not acceptance is received, it will be deemed to be an effective contract."
Abstract Legal positivism contends that laws are formulated based on the social system of the time and the sources that the social system gives authority to form legal decisions. These sources may be in the form of a constitution, amendments, judicial decisions or state legislation, for example. The belief that legal decisions are based on justice is not the foundation of law in positivism; yet, it is based on what has previously been determined, or posited in the social order. This paper discusses the American political system and contends that the court system of the United States consistently determines law in relation to the American political system based on previous judicial decisions that form the basis of the decisions of the justices.
Abstract This paper emphasizes the strengths and weaknesses of this particle legal article. It shows that this article is a good resource in the field of law.
Table of Contents
Summary
Purpose of law Origin of law Difference between common and civil laws Difference between federal and state courts systems
Weaknesses
Vague generalizations
Lack of descriptive examples
Divergence from theme
Strengths
Useful subheadings
Emphasis of key terms
Detailed definitions
From the Paper "The United States currently operates under a common law system of justice. Students entering into this field of common law need a basic understanding of law in order to excel in law school. Many articles are written with the intention of teaching these basics of law. One example is Law School Basics: A Preview of Law School and Legal Reasoning, written by David Hricik. A summary and an evaluation of an article selected from this book, titled ?The American Legal System,? prove that this article is a valuable resource in the field of law."
This essay illustrates that the separation of law and morality is both possible and impossible, depending on how one defines the phrase "separation of law and morality".
Abstract The essay explores the legal positivist separation thesis. It approaches the question of whether it is possible to separate law and morality from two aspects- first, the content of the law and secondly, the judicial decision maing process. The writer makes reference to the policy of removing part-Aboriginal children from their families and communities, and placing them in special purpose institutions to support his argument.
From the Paper "It has been described as ;arguably the most tragic and shameful chapter in Australia";s history.; From the late nineteenth century to the late 1960's, Australian governments carried out the policy of removing part-Aboriginal children from their families and communities, placing them in special purpose institutions. Often, these removals were carried out by force. The purpose of this removal policy was to assimilate the part-Aboriginals with the white community as the full-blooded Aboriginals were believed to be a doomed race in the sense that they would die out. A large number of the children suffered physical and emotional mistreatment following the removal from their families. The children who were removed under this policy came to be known as ";the stolen generation" This sets the backdrop against which I will discuss whether it is possible to separate law and morality with respect to the Australian court"s law making power.4 The separation of law and morality is the foundation of legal positivism. Positivists often criticize natural law theorists for blurring the line between law and morals. This essay aims, by examining three stolen generation cases, to illustrate that the separation of law and morality is both possible and impossible, depending on how one defines the phrase ";separation of law and morality."
Abstract In this article, the writer discusses that the laws of ancient Rome gave way to the beginning of the law as we know it today. Roman law evolved law and gave way to both unwritten "natural law" and most importantly written law. The writer notes that written law made each law known and so it gave way to the idea of equality for all. The writer points out that the Romans were one of the first governments to actually have written law which helped to govern the people because they could prosecute everyone since each person was required to know the law and go by it. Without written law, our society would be one in chaos. The writer concludes that Rome's history of law through the centuries gave way to law as we know it today and played a very important role in our history.
From the Paper "This law was based on customs and applied only to Roman citizens. Since there were more than just Roman citizens in Rome, a set of laws were put in place titled jus gentium or law of the nations. These laws were set in place to govern both Roman citizens and foreigners. This set of laws would govern even magistrates and was a better alternative to jus civil. Generally, Roman had treaties with foreign states that would protect foreigners who ventured into Rome. For those foreigners whose state did not have a treaty with Rome, jus gentium would protect them as well. These laws would consist of three elements. The first would apply to an existing mercantile law and would be used by traders. The second part of the law would govern the Roman citizens and foreigners collectively and the third part of the law said that the magistrate would use his definition of what was fair and just."
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
Abstract This paper discusses the need for the decriminalization or legalization of prostitution in the United States for the benefit of both sex workers and average citizens. It provides an analysis of legal prostitution as compared to illegal prostitution and the concept of privacy rights in regards to the sale of one's own body. It also discusses the impact of religion on the legislative process.
From the Paper "The issue of prostitution in the United States is one that has been constantly debated throughout the years. Those who wish prostitution to remain illegal claim that prostitution is harmful to society both morally and physically. Supporters of decriminalization and legalization, on the other hand, feel that prostitution is a harmless private act or a "victimless crime." While matters of sexuality will always be debated and are deep personal choices of all individuals, the benefits of doing away with the archaic prohibition of "the world's oldest profession" are clear. When one analyzes the issue from a moral standpoint, the argument comes down to the common goal of any system of ethics, which is a society in which individuals do the greatest good for themselves and others in any manner of their choosing so long as they do not harm any others. One must ask then, which system provides the greatest good while doing the least harm? The system of prohibition in which a holier-than-thou attitude creates second-class citizens, ignores the problems of prostitution altogether (until said problems affect "normal" citizens), and denies individuals a way to earn a living, or the system of legalization which gives dignity to sex workers, gives them freedom and resources to practice their business in the safest and healthiest ways possible, and participate in a tradition that has been practiced in private since the earliest times of civilization? Clearly, the legalization of prostitution would be an action of great moral value in that it would provide sex workers with the freedom to control their own bodies, achieve legal equality with the rest of society, access healthcare and legal services as a normal American citizen, and receive the same acceptance of any other human being in functioning society."
Abstract This paper discusses the role of the Australian police force and its power to operate within the law. The paper reports that Police officers, under the 'Police Powers and Responsibilities Act 2000', have become public officials. The paper further reports a rise in the number of people seeking assistance with public nuisance offenses, which are mostly are based on trivial factual scenarios. The paper goes on to explain that these offenses are arising not because of complaints from other citizens, but because the person's conduct is being interpreted by police as 'likely to interfere' with other people's enjoyment of a public space.
Outline:
Police Control and Power as a Subject of Controversy
Other Nations Struggle with the Problem of Broadened Police Power
How are the Laws Enforced?
Conclusion
From the Paper "In other lands, the controversy over police powers has come up from time to time. Sometimes the public is quick to set matters straight and put only reasonable powers into the hands of the police. In most nations, police powers include licensing, inspection, zoning, safety regulations (which cover a lot of territory), quarantines, and working conditions as well as law enforcement under the realm of police enforcement. In short, police powers are the basis of a host of state regulatory statutes. "
"In the United States, citizens take a dim view of unbridled police powers. They were quite condemnatory of Samuel A. Alito, a young U.S. President Ronald Reagan administration lawyer, and Supreme Court nominee, who took an expansive view of government law-enforcement powers in many cases where he was called upon to balance the prerogatives of police and prosecutors with the rights of individuals, according to 400 pages of documents released in November of 2005 by the U.S. Justice Department. For instance, while working in the Office of Legal Counsel from 1985 to 1987, Alito wrote an opinion allowing the Internal Revenue Service to secretly record conversations with taxpayers who were under investigation. "
Abstract This paper is looks at many of the issues that have sparked the controversy over the discussion to seek reform in the drug laws which would lead to the legalization of narcotics in the United States. Some of the topics discussed include the different categories of drugs and how proposed changes in the laws would affect the use and distribution of these drugs. Several studies dealing with the psychological and physiological affects of many different drugs are examined, and the findings of these studies are used in order to help evaluate the affects of any potential changes in the drug laws. The author's presentation illustrates the difficulties faced by both sides in this debate and shows us how at this time, it is almost impossible to find any definitive answers that would solve this debate, once and for all.
From the Paper "Many would consider the physically and psychologically harmful effects of narcotics to be reason enough to reject calls for legalization, but critics of reform suggest that society, and individuals, will face more fundamental difficulties in the event of successful legalization. A common belief among opponents is that if marijuana, and other narcotics, become legal, it would probably do so with similar restrictions as those that currently apply to tobacco and alcohol. This would lead to the perception, especially among children, that the use of drugs is "normal" behavior, in a similar fashion to the way drinking and smoking is presently viewed. Also, as with alcohol and tobacco, many youngsters under the legally required age would purchase and use drugs, with a damaging effect on their physical and psychological development (Evans and Berent, 1992). The concern of many opponents of legalization is that, in a society whose aim should be to reduce rather than promote the use of drugs, whichever substances that become legal will be the first step for many youngsters on a road which could eventually lead to the dark world of cocaine and heroin."
Abstract This work examines the issue of human stem cell research from the view of the medical profession with an eye on funding, the public perspective and legislation affecting research of the human genome. Specifically this work explores the patenting process, whether patenting the human genome is plausible, and what consequences might exist in these patents. The paper notes the veritable quietness of the legal community at large in relation to this medical research issue.
Outline:
Abstract
Objective
Terms & Definitions of Study Introduction
I. Implications of Diamond v. Chakrabarty (1980)
II. Implications of Later Cases
III. Free Market System Impacts
IV. What Ways Do Patents Objectify Human Dignity?
V. Is there a 'just' way of thinking about intellectual property law?
VI. Rights - Technological
VII. Ethics of Patenting the Technique for Human Stem Cell Lines
Summary & Conclusion
Bibliography
From the Paper "In review of the patent laws in the United States, the U.S. Patent laws provides that the patent begin on the date that the patent is issued and ends 20 years later on the same date however, in special circumstances that date might be different and patents are considered for extensions as well. In order for issuance of a patent the invention must be a process that is both 'new' and 'useful' and must be a 'process, machine, manufacture or composition of matter' furthermore the invention must bee the standards of 'utility, novelty and non-obviousness' and must be something that is not in use publicly, not in written form or known to others in the same field of study."
Abstract This paper studies the problematic age of legal consent in the United States in general and Maryland specifically. It analyzes the importance of maturity in making this decision and argues that maturity and reason is not necessarily decided by age. The author sees that the law seems to divert focus to age rather than to consent. It gives an example of a story about minors having consensual sex but not necessarily willingly. It concludes that children who are immature should be protected from rash decisions in order to make sure they don't get emotionally and physically scarred.
From the Paper "Here's something you probably didn?t know, boys and girls! According to the ?Legal Age of Consent Website,? the legal age of consent in the state of Maryland is fifteen. In layperson's terms this means that before the age of fifteen, even if you want to say ?yes, yes, yes,? a la Meg Ryan in ?When Harry Met Sally,? certain rules and restrictions may apply. This is reasonable, correct? After all, you are minors. You all have certain special legal protections and privileges (Such as making sure your legal guardian gives you bread, McDonald's milkshakes, and board. Such as the fact mall security noticed those platform shoes you just happened to walk out of Delia's with won"t be a part of your permanent record). Why shouldn"t the law also reserve an interest in protecting you from your own potential lapses in judgment so you can better become a happy and healthy adult? The image of a fifteen-year-old-girl dating a college student probably not only seems like a huge lapse to your parents and to the world at large but to many of your own minds as well."
