English Law Research Assignment Paper Legal Advice - 1650 Words

English Law Research Assignment Paper: Legal Advice (Essay Sample) Content: Legal AdviceName:Institution:The doctrine of precedent is defined as one of the principles which take place in the underpinning of the common law. It is a word from Latin which is used to mean that there has to be a standby what has been decided. Thus, nations that depend on these rules state that the judges require following the rulings and also the determinations of judges who are in high courts. In this process, the judges will decide the case based on the previous examples especially when the situation has similar facts and issues for discussion. Research states that the doctrine of precedent evolved in the medieval England period and it was at a time when the law was being generated and formed. In this process, judges were in need of achieving greater consistency and also standardization in the process. The appointment of the judges during that time was contrary to the understanding of the law but the focus was on the social status of the judges which led to thei r appointment. The judges were just required to have rational and consistent decisions.An important point to note is that the judicial precedent has a concern with achieving the influence and value of the past decisions that have taken place when handling the law. There is a need for the hierarchy of courts to take place so that there can be a proper operation in the law (Hudson, 2016). The authority of the courts allows for the judges to stand by what they have decided allowing cases to be treated alike, promoting consistency and fairness (Pikēs, 2017). In operation and function of the English Common Law system, there is a need to understand the importance and advantages of the English Common Law system. Thus the judicial precedent has different benefits that can be generated and discussed in this presentation.Judicial precedent provides certainty to the law which is an advantage to discuss in this segment. In this benefit, the discussion is that there will be more meaningful advice that is given in the legal profession which are helpful advice and which will focus on the law to the clients. In providing certainty to the law, there is a discussion on the merits of the case that are presented to the client, and also the advice regarding the outcome can be presented in the discussion (Reinsch, 2010). The advantage arises when the certainty of the law is presented in that the issues of costs when dealing with cases which have to be involved will be raised and discussed in details before proceeding with the case. The clients have adequate information and understanding of relevant cases which will allow them to balance the choices and chances that they have. In this essence, starting a proceeding will be in the hands of the client but ending these proceedings due to costs and chances involved will be in the hands of another party.[The doctrine of precedent is defined as one of the principles which take place in the underpinning of the common law The doctrine of precedent has the help of the questions that deal with predictability when the judicial precedent which is rigid is followed] The doctrine of precedent has the help of the questions that deal with predictability when the judicial precedent which is rigid is followed. In the end, there will be consistency in handling legal issues and cases with a high chance of getting fairness when cases which are similar are decided on or handled. Fairness which is promoted is an important principle as it causes credibility and transparency in the justice system which is to ensure that all cases brought before the judge are handled with fairness and victims receive justice in the case. If there were a law that handles the rich or the poor, then I would be difficult to achieve fairness but hat would be highlighted would be the case of inequalities across the principlesStatutory InterpretationIn the English Common Law system, the rules of statutory interpretation are a process that allows on how t he judges will be governed and how they conduct themselves in the legal systems. Thus, judges will be allowed to read the different languages in law interpreting the ordinances and available regulations. There are first rules that are involved in the statutory interpretation which states that the law should be read and when reading it there should be a plain meaning right at the first start. Understanding should be from the plain meaning, but when the plain meaning results in confusions, vagueness, and ambiguity, rules of statutory interpretation will be called upon to clarify the meaning of the law. There are different assumptions which are made when it comes to the interpretation and discussion of the statutory interpretation (Reinsch, 2010). For example, it is stated that the legislature in whatever he or she said, meant exactly what was said in the legislation process. In this essence, rules of the statutory interpretation assume that the legislature intended to insert all the w ords that were involved in writing the law. It translates to the statement that there are no words in the law explanations that are meaningless and superfluous. Another reason is that the words that are used should be of the same kind. In this explanation, what is understood is that any word that is used and appears to be an ambiguous word should be given proper precise meanings which will promote and make sure that there is a fitting with other words that are around the stated process and laws. Consider the following example, when the statute makes a prohibition on people from taking part in carrying weapons such as pistols, derringers, and revolvers, there should be a definition of the word dangerous weapons. The definition of the word dangerous weapon will mean weapons that are placed on the list.[Statutory interpretation generates various advantages such as the promotion of a strict rule. In this essence, there is a reminder that the parliament will be responsible for the making of the law and as a role of the parliamentThe second advantage of statutory interpretation is the golden rule where the judges will select the most absurd words that they can use and change.It also promotes purposive action and approach] Statutory interpretation generates various advantages such as the promotion of a strict rule. In this essence, there is a reminder that the parliament will be responsible for the making of the law and as a role of the parliament, the process is highly highlighted (Hudson, 2016). In this case, the parliament will be composed of Members of Parliament who are elected and the public will have more jurisdiction over the laws that will be passed. The public will make a role of alerting the parliament when there is a need to make a change to the law.The second advantage of statutory interpretation is the golden rule where the judges will select the most absurd words that they can use and change. In the golden rule advantage, there is an elaboration that t here is a sign of respect on the rules of the parliament and when strict rules from the parliament provide challenges, the golden rule will make it easy for them to avoid these segments (Hudson, 2016). The results that will arise from statutory interpretation will be results that have a reflection on the intentions of the parliament without any d...

College Is The Time Of Your Life - 1438 Words

Haakon Lovestad Dr. Van Bergen-Rylander 24 Nov. 2104 Every once in a while, one comes across the saying â€Å"college is the time of your life†, true enough, every person who has had the opportunity to attend college, regularly reminisces about the time they had. In all fairness, the time in college is indeed memorable. The reason as to why even Hollywood regularly releases movies with a theme and setting of college. What these movies inevitably end up doing is glamorizing the all things to do with college other than actually studying. In fact, in most instances, these movies glamorize parties, casual sex, drinking binges and use of drugs. To the high school teenager with raving hormones, this is a place to look forward to, which is if it ends up motivating them to the quests of higher grades. Nevertheless, parents and other stakeholders more so in the department of health are regularly wondering what exactly the place of sex in college is. (Bruce and Stewart) It is worth it to analyze the whole issue of sex with an open mind. The reason for this is that external influences cloud the perception of most regarding the topic of sex in relation to college. Society encourages modesty in matters relating to sex, ironically, the media is awash with sex if not explicitly, it is implicit. However, the common denominator to all this is the ever willingness of college girls to engage in sexual activity in a rather casual and care free manner. Therefore, it is within prudence to assumeShow MoreRelatedCollege Is An Exciting And Nervous Time Of Your Life1420 Words   |  6 PagesCollege is an exciting and nervous time of your life. It greatly affects what your life will be like afterward. I was super nervous in high school and worried about my test scores. Well, I did end up getting very worried about the tests I think I had the worst score in my class. When applying for colleges came around I knew that my options were limited to a few. 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My Views On Education And Education - 1304 Words

Compulsory Education In this paper, I am going to examine and compare my views on education to the great philosophers Aristotle, Socrates and Plato. Education should not be something forced on people from a very young age. We are educating our children to be master test takers who conform to the norm and not to think outside the box. My position is supported by Socrates in Plato s The Republic and Aristotle in his Nicomachean Ethics, Book II. Because students waste too much time on testing, education should not be compulsory . First of all school should be voluntary. Socrates states that bodily exercise, when compulsory, does no harm to the body; but knowledge which is acquired under compulsion obtains no hold on the mind.† (536e) Socrates believed that a compulsory education does not work especially in early education. Education must appear to be voluntary at first Socrates says, Don t use force in training the children in the studies, but rather play. In that way, you can better discern what each is naturally directed towards (537a) I strongly agree that education is being forced upon the youth of today. Education should not be something our youth fear. Children should not get up in the morning and dread going to school. The schools should be educating our children; they should be empowering our youth to be independent thinkers and teaching our children how to be compassionate functioning members of society. In today s society, standardizedShow MoreRelatedMy Views On Education And Educatio n1154 Words   |  5 PagesCompulsory Education. In this paper, I am going to examine and compare my views on education to the great philosophers Aristotle, Socrates and Plato. Education should not be something forced on people from a very young age. We are educating our children to be master test takers who conform to the norm and not to think outside the box. 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Technology that Spelled the Conquest of the New World Essay Sample free essay sample

When the Spanish embarked in the coastal and cardinal parts of Mexico. history dramatically altered the class of Mesoamerican history. In the 16th century. mercantile system triggered the Europeans to research the New Word and that subsequently translated into imperialism. This was what the ambitiousconquistadorHernan Cortes had in head to harvest up Spanish presence into the Valley of Mexico to seek for gold. In this hunt. Cortezs encountered the so-called â€Å"Aztecs. † the first of the ancient Sun Kingdoms to be made known to the other universe and the first to topple into Europe’s lap. and with this dramatic impact on man’s imaginativeness the first feelings can non be undone.Apparently. this pursuit led by Cortes resulted in a momentous and violent east-meets-west clang of civilisations between the Spaniards and the autochthonal Aztecs. the prostration of the latter’s complex imperial province stretched across most of northern and cardinal Mexico. and the practical race murder of the native population. With such few Numberss of military personnels compared to the Aztecs numbering several hundred 1000s. how did Cortes and his work forces manage to win in the conquering of the Aztecs? As one of Hernan Cortes’ soldiers. Bernal Diaz ( 1496-1584 ) became the chronicler of Cortes’ conquering as he exhibited recognized the bravery. the effectivity. and the self-respect of Cortes. His book entitledThe True History of the Conquest of New Spainis a firsthand history of the Spanish conquering of Mexico and the machinations in Hispaniola. Cuba. and Spain in the post-conquest period. Bernal added to the thought of Hero and his ain thought of the importance of Masses ( the organic structure of the Spanish ground forces. the public ) . He did non minimize Cortes. but he humanized him. He surrounds him with people. he has him travel and talk with mundane gestures. and in this manner another history of the conquering of New Spain emerges. non the true one but a more colourful one. Cortezs was known for his military mastermind. his usage of superior Spanish engineering. and his use of credulous â€Å"Indians† and a superstitious Aztec emperor enable him to take a few hundred Spanish soldiers to a make bolding conquering of an imperium of 1000000s —and thereby set an illustration that permits the remainder of the Spanish conquerings in the Americas. In the 16th century Cortes became the archetypical conquistador. In history. we have known that Hernan Cortes conquered the Aztec empire—some 200. 000 warriors—with 508 soldiers. 16 Equus caballuss. 10 bronze cannon. four falconets. and 13 muskets. Cortezs attacked when retreat seemed proper. he praised the heroism of his defeated oppositions. and made peace with the Aztec’s enemies. His vision—in address and action—to take the Gospel to the New World. happen celebrity in this antic escapade. and claim wealth beyond comparison motivated brilliant attempt and trueness i n his work forces. In comparing. the Aztecs had their ain portion of arms: They were transporting their usual arms: bows. pointers. spears of assorted sizes. some of which were every bit big as ours ; shields. blades individual and dual handed. and slings and rocks. . . . ( p. 24 ) . They carried ambidextrous blades. shields. spears. and feather plumes. Their blades. which were every bit long as broadswords. were made of flint which cut worse than a knife. and the blades were so set than one could neither interrupt them nor draw them out†¦ ( p. 137 ) Montezuma had two houses stocked with every kind of arm ; many of them were amply adorned with gold and cherished rocks. There were shields big and little. and a kind of broadsword. and ambidextrous blades set with flint blades that cut much better than our blades ( p. 223 ) . Bernal Diaz del Castillo reported that the Amerindians they encountered wore cotton shirts and loin fabrics. and that artisanal work and points of gold and Cu were considered as trades. As a consequence. these Amerindians are evidently more civilised than the Cubans. who. except for the adult females among them. wore nil resembling vesture. Still. their civilisation was seen as tainted by â€Å"evil-looking gods† and blood-stained communion tables in the thick of supplication houses of â€Å"fine masonry. † For old ages. the Aztec male monarch Montezuma had all but given up the military way of his authorities and was surrounded by a corps of astrologists. auspexs. sorcerers. and mediums from whom he sought. by the reading of marks. symbols. and observation of the omens. to larn what to make to win back the favour of the Gods. From the really start their acquired Spanish imposts and cultural prejudices would inform the European certification sing the viability of the conquering of Mexico. The Aztecs were contending people. They had no luxuries on their land: cotton. superb bird plumes. cocoa. gold. rubber were non of their earth’s premium. If they wanted these things. they got them by conquering. Furthermore. as they became specialised they manufactured and traded. It was hard plenty: each part was hostile to every other ; there were few natural avenues ; embroilments had to be called off so trading could be carried on. There was a great deficiency of unity even among towns nominally Aztec. As Tenochtitlan. the suppressing metropolis. widened its skylines. new merchandises. new thoughts came into it. and bit by bit luxuries were converted into necessities. Cortezs and his military personnels thought that they had all available engineerings of advanced arms and well-trained military personnels to que er their barbarian enemies: We had gained some experience from our earlier expedition. and had brought with us in our boats some little cannon and a good supply of crossbows and muskets. As we approached the shore. they began to hit pointers. and to hurtle spears at us with all their might. and although we did them great harm with our cannon. such a flight of pointers rained down on us that half our soldiers were wounded†¦ ( p. 24 ) . Cortezs. who was really astute in all affairs. said with a laugh to those of us who happened to be standing with him: Make you cognize. gentlemen. I believe it is the Equus caballuss that the Indians are most scared of. They likely think that it is merely they and the cannon that they have been contending. and I’ve idea of a manner of corroborating their belief ( p. 73 ) . As the field was bare and the equestrians were good riders. and some of the Equus caballuss were really fleet and agile. they came rapidly upon them and speared them as they chose ( p. 71 ) . There was a soldier in Cortes’ cantonment who said that he had been in Italy. in the Great Captain’s company. and was in the matter at Garellano and other great conflicts. He talked a good trade about war-engines. and said he could do a slingshot in Tlatelolco which. if they were to pelt the one-fourth of the metropolis into which Guatemoc retreated. would do them action for peace in two yearss ( p. 396 ) . The Spanish histories. such as by Bernal Diaz. qualified much of the Europeans’ technological high quality in conflict. particularly their Equus caballuss and pieces. But contrary to the conquistadores’ claims. the indigens did non flinch before these apparently godly combatants on their Godhead steeds of conflict. In fact. they improvised fleetly to counter these new factors. demoing in the procedure of regard for the bravery of the Equus caballuss they were neer to allow to their Masterss. The technological affairs such as supply lines and transit passed unnoticed by the conquistadores are besides really important to their triumph. Horses here figure non as instruments of war but as animals of load. Missing Equus caballuss and even the wheel. the Aztec ground forcess had to transport their supplies on their dorsums or drag them on palettes ; this put great emphasis on supply lines and was a major ground why the Aztecs could non pay a distant war on a wide forepart. Al ternatively. over the old ages they had developed a manner of domination by model panic: assailing a individual fractious metropolis whose dramatic licking would squelch restlessness in an full part. The â€Å"human sacrifice† back place of several thousand confined warriors reinforced this message. Rival swayers were pointedly invited to these theological-political ceremonials. which cut across any orderly division between communicating with people and communicating with the Gods. The preferable manner of ruling a new country was likewise selective. and it focused chiefly on peripheral metropoliss and small towns. Rulers would neer originate a war by striking straight at the bosom of a rival power—it was excessively hard to provide and reenforce the ground forces. Besides. ecological factors came into drama every bit good. As has frequently been the instance in pre-modern societies. there were seasons for engaging war. outside the months when people had to concentrate on planting and harvest home. If an ground forces went out at these times. masters every bit good as victims could hunger in the approaching twelvemonth. Planting and harvest seasons were the clip for menaces. maneuverings. and psychological warfare instead than for full armed struggle. Therefore. when Cortes gained a critical bridgehead in Tenochtitlan. the Aztec capital. he was guaranteed of unquestionable triumph. Strictly by opportunity he marched on the capital at harvest clip. and he attacked the bosom of the greatest imperium in the New World with 300 work forces. without the customary old ages of anterior harrying of outlying small towns and towns. Cortezs could take Montezuma prisoner in big portion because no Mesoamerican leader in his right head would hold tried such a stunt in the preliminary stage of a major struggle. with no manner even to acquire the captured leader back place for forfeit on his frequenter deity’s temple stairss. In add-on. the fact that Aztecs believed that the white Spaniards were â€Å"gods† . they would literally honour them and be afraid to pay war against them: It appears that one of our soldiers had a helmet that was half-gilt but slightly rusty. This Tendile noticed. and being of a more inquiring temperament than his fellow Cacique. he asked if he might see it. since it was like one that they possessed which had been left them by their ascendants of the race from which they sprang and placed on the caput of their God Huichilobos. ’ He said that his maestro Montezuma would wish to see this helmet. and it was given to him ( p. 86 ) . In the concluding analysis. the ruin of the Aztec imperium materialized when the supports from Cuba and the Indian confederations. particularly with Tlaxcala — the pledged enemies of the Aztecs – came into the image. Add to that. the Spaniards’ well-trained military personnels had the engineering of cannons. rifles and metal armour. Their cognition to construct other military arms. such as the slingshot and their usage of Aztec maltreatments and their usage of Equus caballuss. which the Indians had neer seen earlier. provided mobility to the Spanish onslaught and struck fright in the Indians. Finally. the belief by many Aztecs. particularly Montezuma. that Cortes was Quetzalcoatl a God returning to destruct the Aztecs spelled the triumph of Cortes’ military personnels in their conquering. Although some present critics describe the conquering was written in the position of conquistadors themselves because of course these were generated by specific political fortunes and cultural contexts of the Spanish alone. These are the impressions that conquering was achieved and colonialism quickly imposed when native ground forcess were defeated and Spanish metropoliss founded and by surprisingly little groups of Spaniards moving entirely. Such narrative. like the one written by Bernal Diaz. is a camouflage the drawn-out and uncomplete nature of the existent events because no such histories were chronicled by the Aztecs. Were it non that this utterly barbarian imperium. which we call Aztecs but were known so as Mexicans. had non so viciously dominated their neighbours. who joined Cortes in his conquering. the Spanish would non hold a opportunity to progress their subterranean motivations of colonising Mexico. Plants Cited Diaz. Bernal.The Conquest of New Spain. trans. J. M. Cohen. New York: Penguin Classicss. ( Reprint edition. August 30. 1963 )