Archive for October, 2009

Divine Law vrs. Positive Law in the Practice of Law and Politics: The Ghanaian Example

Oswald K. Seneadza asked:


Divine Law vrs. Positive Law in the Practice of Law and Politics: The Ghanaian Example

 

1 The Divine Law and Source of Authority

In the giving of the law at Sinai Moses first communicated the basic principle (the ten commandments, Exodus 20 :3-17 and Deuteronomy 5:7-21) and then provided the application of them to all aspects of social and personal life – from food to worship, property to fasting. The laws of religious, judicial, civil and political nature are found in the “Book of the Covenant” (Exodus 20: 23, 33); the “Holiness Code” (Leviticus 17-26) and throughout most of Deuteronomy, especially chapters 21- 25. These laws emanate from God and are supposed to be used in regulating the practical activities of people during the period of the Old Testament.

 

Jesus did not give a new moral code, and He was not a Second lawgiver, but He also did not say that the moral teachings of the Old Testament were suspended. It is the ceremonial and ritualistic laws of the Old Testament which are abrogated for Christians (ending at the cross, Colossians 2: 16, 17), but not the Ten Commandments. (See, Philip Hyatt, “God’s  Decree for Moral Living,” J. (Baptist), October, 1943, Vol. 57, No 10, p. 5) Jesus said that He came not to abolish this law but to bring its meaning to fulfillment. (Matthew 5: 17). And Paul said, to love is to fulfill the demands of the Law of Moses (Galatians 5: 18) for to them Christ is the end of the law (Romans 10:4), however, they are to be the slave of Christ and obey his law (which is a fulfilling of the law of Moses).

 

2. The Positive or Man-made laws and source of authority

These are legal rules adopted and actually endorsed in a special fashion by the state as a law giver. It consist of written and unwritten  body of rules largely derived from  custom and formal enactment which are recognized as binding among  those persons who constitute a community or a state, so that  they will be imposed upon and enforced among those persons by  appropriate sanctions.

 

It is these rules and guidelines within which society requires judges to administer justice. The arbitrary division of the law into categories, are:     (a) Public Law – concerned with relationships of members of the community and the State (e.g. Constitutional Law and Criminal Law);       ((b) Private Law – derived from the relationships of embers of  the community, (e.g. Contact Law, Tort, Family Law). All these laws are based on the moral principles of divine law.

 

 

 

 

Positive human laws can be divided into two categories namely:

(i)                Ecclesiastical Laws (Church laws), which here mean the laws formatted by the Church to govern their members.

(ii)             Public (Civil) Laws, which are promulgated by the sovereign State or its institutions and provided in constitutions, statutes etc. The positivists argue that law must be divorced from morality. To them mixing the two allows people to judge laws through their own prejudices and opinions. They recognize law as a command of the sovereign. Therefore, once the sovereign is identified his command must not be challenged but are to be obeyed irrespective of the moral element in them or not.

3. Doctrinal divergence 

There are three differences between the laws of God (relating to the Church) and the human-made laws (relating to the State). These can be discussed on the basis of: (a) the source of law or the giver of the law, (b) the sphere of operation and prohibition, (c) nature of sanction. These differences form the basis of disobedience amongst certain sects of the positive human law (human-made law), though they enjoy state protection and public services like education, health care, water and electricity.

 

(a) Talking about source, the giver of divine law is God ratified with blood. It is said in James 4:12 that, “There is one law giver, who is able to save and to destroy.” The giver of human law is the community or state ratified by consent of the people which can punish or forgive under a Prerogative of Mercy (Article 72 of 1992 Constitution of Ghana) but cannot forgive for thought and intent of the heart (spiritual).

 

(b) With regard to sphere of operation and prohibition, the law of God regulates all mankind across state-frontiers and covers all forms of immorality or bad beaviour, civil wrongs and criminal acts. All are sin before God. God’s law relates to the outward actions (physical) and the thoughts and intents of the heart (spiritual nature) of a person. But positive law relates to the outward action leading to an event (causation) and intent (mens rea) of the person as in the cases of R. v Latimer [1886] 17 QB 659 (foreign case); Duah v The State [1963] GLR 385 (Ghanaian case); State v. Ametepey [1964] GLR 551 (Ghanaian case).

  

In the realm of positive law (human-made law) a distinction between right and wrong or good and bad behaviour are determined by the sovereign state through the constitution and enactments of Parliament.

 

In criminal law, for example, a crime is what the law prohibits. Though most of the serious crimes are also obviously immoral, not all crimes appear to the public to be immoral.  Nevertheless, there are certain obvious immoral acts, which are not crimes. In other words, law and morality are quite distinct.

 

The following two episodes will illustrate the distinction.

 

In the first episode, Akwesi parked his car along the Ridge Road, in Kumasi and went to the Central Market to buy some items. When he returned he was told that his car had been towed away by some officials of Kumasi Metropolitan Authority (KMA). The next day Akwesi was arraigned before the court on a charge of “wrongful parking”. He was prosecuted, convicted and fined. Here, wrongful parking is a criminal offence because it is prohibited by law with sanction attached.

 

In the second episode, Boafo returned home one afternoon to discover his girl friend in bed with his best friend, Kwame. The girl friend even told him that Kwame, was responsible for her six month-old pregnancy. Boafo fainted and was hospitalized for a week. Then the question is – is Kwame guilty of any criminal offence? And the answer is – No, because according to our criminal law nothing is crime unless it is provided for in the Criminal Code or some other statute and a punishment prescribed for it.

 

In fact, sexual relationship with another’s girl friend has not been made criminal in our Criminal Code or by any statute though such an action may be seen by the Church and entire Ghanaian society as immoral and even more serious than a wrongful parking that is punishable.  

 

So, the extent to which actions of citizens of a State may be right or wrong is determined by law made by the State and will be judged accordingly. And so prostitution or Guy marriage is prohibited by law in Ghana and as such constitute a wrongful act but not prohibited in Germany or Sweden and therefore not a wrongful act in those jurisdictions. Devine law is, however, more universal and more concrete because the giver of that law (God) is one body and not multiple bodies as in the case of a state law. So, what is prohibited by God may not be prohibited by man (e.g. adultery) and what is prohibited by man may not be prohibited by God (e.g. Christian liberty).

 

(c) With regard to Sanction, it is stated in John 3:4 that “Whosoever commits sin transgress the law: for sin is the transgression of law.” “For whosoever shall keep the whole law and yet offend in one point, he is guilty of all. For he that said, do not commit adultery, said also, do not kill…” (James 2: 10, 11).

 

And what is the penalty for transgression? “The wages of sin is death”, (Romans 6:23). “In the day that thou eatest thereof thou shalt surely die.” (Genesis 2:17). The Soul that sinneth, it shall die.” Ezekiel 18: 4. Lord is merciful but that does not clear the guilt (Numbers 14: 18; Exodus 34:5-7).

 

It is important to note that God threatens to punish the transgressor of the Commandments but he promised grace and every blessing to all who keep his laws. We can faithfully trust him without adducing any evidence but we can not absolutely trust the state mechanism of punishment because state sanctions, though are attached to all illegalities, can be awarded unfairly or erroneously or even pardoned by an authority (as under Prerogative of Mercy, in Art. 72 of the 1992 Constitution) irrespective of the gravity of the offence committed. Sanctions of state range from imprisonment to death penalty, as in the Ghanaian Criminal Code of 1960. While all crimes attract equal penalty before God, crimes under state law attract penalties according to the nature of the offence or as classified by law. Hence, we have such classifications as First Felony (e.g. murder or armed robbery); Second Class Felony (attempting suicide) and Misdemeanor (petty crimes like stealing or assault). The divergence in punishment between the two spheres of law is very clear and distinctive but both demand strict observance.

 

4 Judgment based on Divine law and State law

The World, according to the Bible, began with Judgment (Genesis) and will end with judgment (Joel 3:9). Judgment as exercised by God and Man is primarily the vindication of the one who is right and secondly the punishment of the wrong-dower. In Israel Moses, elders, Judges and Kings  exercise judgment between contending parties (Exodus 18: 13-26; Deuteronomy,1: 16-18; 16: 18-20; 1 Kings 7:7);  God as judge is said o love  justice (Psalms 33:5; 99:4) and acts towards Israel to vindicate  people according to the terms of the covenant he made with the people (Deuteronomy, 32:36; Isaiah 33:22). Also as Judge of the whole earth (Genesis 18:25) he exercises judgment in history (Ezekiel 25:11) and will judge the nation at the end of the age (Joel 3:9f; Daniel 7:9-11).

 

In the New Testament, the idea of final day of judgment for the whole world  becomes clearer and is linked to the second coming of Christ to earth (Matthew 25; Romans 2:16; 3:6;2 Timothy  4:1). However, in the Gospel of 

John the present reality of God’s judgment is emphasized (John 3:18; 5:24; 12:48).

 

Judges using the human-made laws are given power by state to decide upon disputes and determine appropriate penalties. In this sphere, spirituality as evidence is absolutelely not entertained but the physical things. In so doing, as human beings, their judgment could be influenced by different factors including political pressure, jurisprudential considerations, conflict of interest, and mischievous interpretation of the law. This has given cause to lack of confidence in some of the decisions made by Judges which affect the fundamental human rights and freedoms of people, especially Christians.

5. Rules of Legal professional Conduct

There is the general belief amongst Ghanaians that lawyers, by virtue of the profession, are not truthful and lack faith in God and for this reason some Christians turn to condemn lawyers or refuse to accept the legal profession as normal as any other profession. Like any other profession there are individuals who do not practice according to laid down code of conduct and it will be erroneous to make a generalization such as “all lawyers are liars”. No profession is bad or condemned in the eye of God but rather it is when the object or practice by the individual goes against laid down rules of professional conduct or morality that the question of ungodliness will arise.

In accordance with section 23 of Legal Profession Act, 1960 (Act 32), the General Legal Council may prescribe standards of professional etiquette and professional conduct for lawyers, and may by rules made for this purpose direct that any specified breach of the rules shall for the purpose of the law constitute grave misconduct in a professional respect. The prescribed rules include a host of prohibitions similar to those found in the Bible such as, not to lie to the court, not to cheat the innocent, not to be dishonest in charging fees, not to disobey summons or subpoenas, not to prevent or delay justice.    Consequently, a lawyer who has been guilty of grave misconduct in a professional respect “shall be liable (a) to have his name struck off the Roll of Lawyers, or (b) to be prohibited from practicing as a lawyer for a period specified in the order suspending him” (Section 16 of Act 32). Once there is a rule and sanction attached to it, in whichever profession, then there is also the requirement for obedience. It is this obedience which steps into the realm of divinity.

 6. The Practice of Politics and codes of conduct

In the same way as the legal profession, the reputation of politicians has been low throughout the world and particularly in Ghana in recent times. In some circles politics is described as “a dirty game” and Christians fear to associate themselves with political activities or occupy political office.

Politics per se is not itself a bad or evil system of governance. It is not designed to create conflict between individuals or parties hoping to achieve power. It is aimed at achieving the best possible means of governance based on fair competition. Politics has certain basic principles and moral standards to be complied with by all who practice politics. These include: fairness, truthfulness, honesty, respecting opinions and values of others.

It is the bad practice of politics by some politicians which has given it the bad name. Today politicians have come under the evil forces of bribery, corruption, nepotism, ethnicity, murder, intimidations, lies, hatred, selfishness and brutalities to opponents as against the codes and ethics. Codes of conduct for politicians are provided explicitly in several documents and they take roots from fundamental moral principles and divine law. Examples are those expressed in the 1992 Constitution such as the Code of Conduct for Public Officers (Chapter 24); Organization of Political Parties (Art 55); Administrative Justice (Art. 23). Other operative principles relating to good practices are found in the Manifestoes of the political parties and in international documents such as The New Partnership for African Development (NEPAD) and the AU Documents. All these documents set the standards for political engagements and activities which correspond with the moral principles underlying the divine laws.

But the evil forces and bad practices should not deter Christians from performing their civic and political responsibilities such as, participating in decision making, taking political office, voting, paying of taxes and  rendering service to the community. Because these activities are ordained by God himself so far as they do not interfere with the power and glory of God.

It is proclaimed in Romans 13:1 that “The Powers that be are ordained of God”, and verse 2 states further “Whosoever therefore resist the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation” That is, those who rise up against government itself; who seek anarchy and confusion; who oppose the regular execution of the laws. It is implied however, that those laws shall not be such as to  violate the rights of conscience, right of worship or oppose the laws of God.

7. How are Christians admonished to respect civil authority? 1st Peter 2:13-17 says “Submit yourselves to every ordinance of man for the Lord’s sake: whether it be to the King (Head of State), as supreme; or unto governors (Ministers of State, Judges) as unto them that are sent by him for the punishment of evil-dowers, and for the praise of them that do well…Honour all men Love the brotherhood, Fear God, Honour the King”. Render, therefore unto Caesar the things which are Caesar’s and to God the things that are God’s. (Matthew 22:21)

The Christian has nothing to fear to be a Lawyer or a Politician provided the moral principles and codes of conduct are strictly adhered to and God attaches importance to any profession on earth whose establishment and operation does not conflict with the divine laws and teachings.


Vallejo Family Law Firms — Making Divorce Cost Effective

Charles Shaw asked:

Each has histories of the horror on the process of the divorce of Vallejo. People say that she takes años. People speech of enormous and unexpected amounts of the cost of money in Vallejo companies of the family right. You hear speak many cases of where the divorce has dañado relations with the niños, the family, and the friendly. Many find that the payments of manutencià ³ n of make them to the minor live as frugal as students until his emancipacià ³ n of  ™ s of  € of childrenâ. the problems of Post-I divorce can be delayed by años, even for a course of the life. In a half-full divorce, both started off of divorce ofrecià finds with a a mediator (a service ³ generally, but not necessarily by Vallejo companies of the family right). You solve with a company/signature of the right of family of Vallejo a número of times. The company/signature of the right of family of Vallejo abordarÃand intentarÃto solve editions in its divorce. The companies of the right of family of Vallejo used in this capacity do not represent either of the parties. The Vallejo the companies of the family right are due to be (and they must see by the parties like) of third impartial, objective person, just. A half-full divorce (using lawyers of the lawyer in the excellent points) is the Camry of divorces. sà ³ lido, the box hard generally, and él of  ™ s of  € of Itâ can almost do everything that you want. But the divorce of colaboracià ³ n is like a Prius. mà has the resourcess advanced in his disposicià ³ n.  ™ s of  € of innovating Itâ, and él can give return to a sometimes dirty process in which it is far better for the atmosphere. The premise of the divorce of colaboracià ³ n is nevertheless to solve the divorce a series of meetings between the clients and their respective companies of the right of family of Vallejo. These meetings of four terminals, are really what they require you cut to litigants to do before the test in a litigated divorce. So. , the main difference is ésa instead of you, its husband and a company/signature of the right of family of Vallejo, you you have him, its husband and two companies of the right of family of Vallejo – one for each of you. The advantages of the law of colaboracià ³ n are great. Better, solutions are generated mÃs attainable, and mÃs mÃs lasting. The relations with the family are preserved. He is not generally mÃexpensive s that half-full divorces (with implicacià crÃtica ³ n of  ™ of  € of attorneysâ of the lawyer.) She is generally much less expensive that litigated divorces. I wait for its brain isn& #039; t that rotates too much to this point. But here& #039; s briefly, you can mediate you cause that a divorce of colaboracià ³ n creates an agreement of separacià ³ n. – Duke él ours before the court. The first three are generally the best one. Before filing his disolucià ³ n, makes contact with enemy with the companies múltiples of the right of family of Vallejo – or mejà ³ relas todavÃa, fills up our form of the contact and démosle a list of the best companies of the right of family of Vallejo for its particular case. The divorce is absolutely emotional but, it final considers it the court like legal subject. The law diseña to be itself right, and that& #039; s that all the companies of the right of family of Vallejo estÃn trying to do. Aid you create an establishment just. He can be that he is of mérito to consult with our companies of the right of family of Vallejo. He fills up our form of the contact and ayudémosle.

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How To Categorize Your Book

Categorizing your book is one of the biggest challenges you may face when you try to get your book published. Whether you place your book with an agent or publisher or you publish the book yourself, to ensure its success it is essential that you are able to correctly categorize it.

While categorizing, you will find what you have written fitting into any one of the following nine categories: trade, professional, scholarly and university press book, college text book, elementary high school text book, juvenile book, mass market paperback, subscription reference book and religious book. You can rightly categorize your book if you are conversant with the general parameters for each category. Read on for details.

Trade book: Books that are written for the general reader having fictional or non-fictional content are placed in this category. They are known as trade books because their distribution is targeted through retail store sales, rather than through book clubs, mail order or premium sales. Fictional trade books include romantic novels, thrillers and literary novels. Trade books that are non-fictional would be bibliographies, self help books, how to or DIY books etc. In short, anything that is sold through retail stores with a typical trade discount.

Professional books: These are books that are written for members of a specific profession and would include law books, books on professional training, books of regulations, medical books, etc.

Scholarly and University press books: These books are usually written by teaching faculty of educational institutions and are not aimed at members of any specific profession. They are based on scholarly research on specialized topics.

College textbooks: College books concentrate on teaching a subject and not just reviewing information. They are written in sophisticated language for advanced level students.

Elementary High School textbooks: These textbooks are meant for teens and younger children who are learning a subject area for the very first time. Written using a fairly simple language, they include a lot of illustrations, graphics and examples.

Juvenile books: This is one category of books that would include everything used for light reading by children or teens. Picture books for toddlers and novels for young adults all would fit into this category.

Mass market paperbacks: These are small paperback novels sold at book stores and discount and grocery stores as well. These are usually paperback versions of books that were already successful in hardcover.

Subscription reference books: These are books containing sensitive reference information and need to be updated and replaced annually. One good example of such a book is the Physician’s Desk Reference.

Religious books: All books on any religious subject would be covered under this category and would include books on Islamic studies, Bible studies, Judaism and other spiritual books.

Knowing how to categorize your book increases the chances of your book’s commercial success by letting you target it to the right audience.



By: Victor Epand

About the Author:

Victor Epand is an expert consultant about books. When shopping for books, we recommend you shop only at the best bookstores for used books, autographed books, and vedic books.

Guide on Making Business Agreement

Running your own business can give you great challenge in your life. You will need to learn so many things to run your business well. It does not mean you have to enter any business class to improve your business skill. As long as you know what you have to do in your company, you will be all right.

You can use the information on Ossadvocacy.org to guide you. This website provides complete information on business and financial products. The information on this website can help you to create an agreement or contract with your business partners. It can help you to make a perfect exclusive supply agreement. This agreement can save you from any fraud that could be done by your business partner. You also can create your employment contract from the samples on this website. The information on this website tells what you must assert on your business agreement. If you need to make merger with another company, this website can give sample on merger agreement. You will not lose your share from this merger.

Besides giving information on business agreement, this website also gives information on credit loans, mortgage and business opportunities. You can freely use the information on this website to handle your finance in a better way.

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Payday Loans for Unpredictable Day

No money no life. Well, this is the fact, right? People need money on their life. They need money to live. They need money to fulfill their need. They need money to buy something that they want. And, they need money for their future plan.

But, they sometimes forget to provide money for the unpredictable event in their life. They may have invested their future life for the next 5 or 10 year, but, they forget to invest for the next day. When the incident occurs, they get panicked. They have no money prepared for that. That is why they need payday loans. The loan that will give them money in a quick way without they need to prepare for complicated report and unnecessary document. This short term loan will surely help them solve the unexpected problem.

Perfectcashadvance.com is the site that can give the check cash loan simply and instantly. It is easy to fulfill all the requirements for being the borrower of this online payday loan lender. No need for unnecessary documentation. Just, be honest on the data such as the age because they want their borrower to have at least 18 year-old for the ages, then they need to have regular income per month for at least $ 1,000 with a fix job, and they have bank account to receive their money. Those all that they need and those are really simple requirements. 866-380-5502 is the number that people can call to get further information about the online lender.

Criminal law questions and answers

Do Jurors have the right to judge the law as well as the facts in a case?

They sure do.When the U.S. Constitution recognizes the right to the trial by jury, it provides the common law trial by jury. This applies to both criminal law and to civil law suits ‘according to the rules of the common law’.

Mass Murder Conspiracy? World Wide?

In the criminal law, a conspiracy is an agreement between two or more natural persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement. There is no limit on the number participating in the conspiracy and, in most.

Put it in the context of criminal law.?

The elements of a stalking crime requires (1) several acts (2) threats (3) specific intent and more. Planning may be easy, but it takes someone with their mental faculties intact. If a person accused of stalking raises the defense of insanity, it means that he/she admits to the crime, but says.

Testimonies in criminal law?

Do testimonies of witnesses to testify in court need to be presented in pre-trial proceedings to the defense and/or the prosecution? Yes. Its called ‘Brady’ material. See Brady v. Maryland, 373 U.S. 83 (1963). Brady Material consists of: 1. Exculpatory evidence. 2. Evidence that goes to either proof of guilt or imposition of punishment. 3..

‘Unjust law is not law’?

Does a law need to be just, what is the definition of just, fair, justice or moral? In today world, lot of law is created to facilitate economic growth, to suit political purpose such as what the party promise the people even criminal law can be use to achieve party aim. Lot of judges.

What is the difference between common,criminal,civil and case laws?

Common Law: In UK common law is one of the main sources of law. This term is used to denote rules derived from decisions of superior courts in contrats to those derived from statutes. Common Law included rules of precedents,customs and ancient legislations. Distinction between criminal law and civil.

What’s the primary duty of executive branch of government in criminal law?

Section 3 of Article II of the U.S. Constitution commands that the President of the United States ’shall take care that the laws be faithfully executed.’ Additionally the President appoints public ministers, consuls and other officers of the United States. Implicit in these constitutional duties is.

Can somebody who knows criminal law please help?

I got arrested for something I did not do. My father put up his condo to post my $8,450 bail. A few months after getting out of jail he sold the condo. I never received any letter ordering me to show up for court, probably because the mailing address the courts.

Does Louisiana have a three strikes law?

How much time do you think a person with two felonies would get for unauthorized use of a motor vehicle? I am, in fact, a Louisiana criminal law attorney. And I can tell you, your best bet is to talk to an attorney local to the area who practices in the court.

I need some criminal law advice?

ok well first off i kno stealing is bad and im stupid and all that. w/e only answer this if u kno wat ur talkin about. pleasr no stupid answers. ok anyway i have shoplifted some candy from rite-aid. they stopped me told me to be compltely honest with them and give them.

What are sum of the top law schools for criminal law ?

The same as the general top ten: Yale, Harvard, Stanford, Columbia, NYU, Chicago, Penn, Michigan, Berkeley, Virginia and Duke. No one really pays attention to specialty rankings. – Outside of the Ivy League, I highly recommend San Diego and Univ. of Arkansas. – Law schools don’t.

What are the diffent types of law?

There are two major groupings of law–criminal law and civil law. You can practice criminal law on a local level (local DAs office or equivalent) or federal level (either with the US Attorney’s office or the Department of Justice). There is all kinds of criminal law–sex crimes, guns and drugs, gangs,.

What is civil & criminal law?

Criminal law pertains to wrongs against the state. In other words, when laws are broken. The state or federal government goes against an individual or entity. Civil law pertains to personal issues such as divorce, damages in actionable causes, etc. It is an individual or entity against another individual or entity. -.

What is the meaning of ‘criminal offence’ and ‘commit a crime’ are them diffrent meaning? guide me please!

Criminal offense: A crime in a broad sense is an act that violates a political or moral law. In the narrow sense, a crime is a violation of the criminal law. For example, most traffic violations or breach of contracts.

Where can I find free legal advice in Louisiana or online for criminal law?

My fiance was booked on a burglary in a dwelling charge. something he didn’t do, he has witnesses that were with him at the supposed time of the burglary. They are still going to charge him regardless, and they have him on a parole hold.

Can necessity be used for attempted murder in law?

I’m doing a moot case and i need to know if neccesity is avaliable for attempted murder. Thanks! First answer with source gets best answer! In criminal law, necessity may be either a possible excuse or an exculpation for breaking the law. Defendants seeking to rely on this defense argue.

How can the law be used as a tool for social engineering?

I’m an online criminal justice student currently taking a criminal law class. All help would greatly be appreciated and if someone could point me the right directions as to how to research this topic for a paper, I would gladly appreciate it. Thanks a million I too.

Criminal or Civil Law?

I have homework, and we have to match terms that have to do with civil/criminal laws. I have a couple of the terms, but most of them I’m so confused on! Can anyone giv me ideas as to where they go? Remember the terms have to go undereither civil or criminal law. These are the.

Is it a abuse of criminal law to lock up 18 yr olds for having *** with 15 year olds?

I know a guy that went to prison for 7 years for having *** with one of his classmates. This did not happen in the 1960’s and 1970’s. While maybe it was wrong the punishment is too severe as.

Should criminal law of India be changed?

Most of the Indian law- criminal law, civil law etc. implimented at British time and the sections – word by word are the same of more than 100 years old and these laws were framed only to benifit the bristish rule . The modern legal system which is not only India but.

What constitutes a Federal Crime in the United States?

Bombings? Shootings? Does it always have to involve a crime against a government agency? A federal crime is a violation of a criminal law passed by Congress. Federal crimes are investigated by federal law enforcement agencies and prosecuted by the US Attorney for the judicial district in which the crimes.

What’s the best way to answer a criminal law question?

I have previously taken a criminal law exam and failed but I got distincts in Tort and Civil litigation and Land law. Just do not understand where I’m going with this subject because I enjoy crime and understand it better. I spent more time on criminal exam than the.

How does one obtain an attorney position in criminal law without experience.and still make loan payments?

with a year of law clerk experience! maybe he’s that good..does he have a license? – Pass the Bar exam,go down to the Public Defender’s office. Those people can use all the help they can get. – Public defenders office is a good.

Criminal law categories?

’state the 5 categories of criminal law and give one example for each’ these examples cannot include arson or burglary. Cheers Crimes against national security -rebellion and sedition Crimes against chastity – **** and seduction Crimes against public officials – direct assault Crimes against properties – theft and robbery Crimes against persons – murder, homicide and.

Criminals are wicked and should be punished.can you justify?

Any person found guilty of any offence under the provisions of the criminal law gets punished for the offence they commit. To file a criminal complaint is different issue but to get the accused convicted is another as the prosecution can only be successful in getting the accused convicted.

Difference of civil law and criminal law in term of music download?

I am writing about the music download illegally. One of the topics needs to cover is the difference between civil law and criminal law. What do you think the music download is considered the civil law? I will assume you are referring to ‘music upload’. ‘Downloading’ has.

An aggressor cannot claim the right of private defense in criminal law’.explain the stateme.?

Right to self defense has very limited scope in criminal law, although criminal jurisprudence allows it but with limited use to defend the person or property to the extend it only disable the offender from inflicting harm to the person or the property, what.

Do you have to go to law school to become a prosecutor?

Yes. Also, criminal law and criminal procedures were electives at my law school, but essential for a prosecutor. – normally yes – yes. prosecutors are licensed attorneys. There is one state, West Virginia, that will allow someone to ‘challenge’ the bar exam without going to law.

List the eight limitations upon what an American legislature may criminalize through its statutes?

cant seem to find this answer in my criminal law book. Ahhhhh. WHAT? – You probably cannot find it because there is not a short list of specific things that cannot be criminalized — unless some textbook made up a list. At the state level,.

Please criminal law experts only. What is required to actually?

prove a violation of child pornography law? Yes, it is difficult to prove in some cases where the person is close to the legal age limit. It’s not child pornography if the person is actually an adult, but only looks like a teen — because that’s not what the.

What is a crime?

A crime in a broad sense is an act that violates a political or moral law. In the narrow sense, a crime is a violation of the criminal law. For example, most traffic violations or breach of contracts are not crimes in a legal sense. It is a a violation of a local, state,.

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