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Example research essay topic: Rule Of Law Punitive Damages - 1,360 words

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The inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially-provoked crime. This technique, because it involves the commission of a crime, which is itself a crime, is severely curtailed under the constitutional law of many states. a rule of law that when person A, by act or words, gives person B reason to believe a certain set of facts upon which person B takes action, person A cannot later, to his (or her) benefit, deny those facts or say that his (or her) earlier act was improper. A 1891 English court decision summarized estoppel as "a rule of evidence which precludes a person from denying the truth of some statement previously made A writ of certiorari is a form of judicial review whereby a court is asked to consider a legal decision of an, judicial office or organization (eg. government) and to decide if the decision has been regular and complete or if there has been an error of law.

For example, a certiorari may be used to wipe out a decision of an administrative tribunal which was made in violation of the rules of natural justice, such as a failure to give the person affected by the decision an opportunity to be heard. which may allow a judge or jury to deduce a certain fact from other facts which have been proven. In some cases, there can be some that can not be proven directly, such as with an eye-witness. And yet that may be essential to prove a case.

In these cases, the lawyer will provide the judge or juror with of the circumstances from which a juror or judge can logically deduct, or reasonably infer, the fact that cannot be proven directly; it is proven by the of the circumstances; hence, "circumstantial." Fingerprints are an example of circumstantial evidence: while there may be no witness to a person's presence in a certain place, or contact with a certain object, the scientific evidence of someone's fingerprints is persuasive proof of a person's presence or contact with an object. The entire collection of published legal decisions of the courts which, because of, contributes a large part of the legal rules which apply in modern society. If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law." In other words, the rule is not in the books but can be found as a principle of law established by a judge in some recorded case. The word has become synonymous for case When different persons combine their lawsuits because the facts and the defendant are so similar.

This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties. Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transportation company together in a class action suit. Latin: for this purpose; for a specific purpose. An ad hoc, for example, is created with a unique and specific purpose or task and once it has studied and reports on the matter, it Latin: for the suit. A person appointed only for the purposes of prosecuting or defending an action on behalf of another such as a child or mentally-challenged person.

Also called a Latin: A matter which has already been conclusively decided by a court. Latin for "I will not defend it. " Used primarily in criminal proceedings whereby the defendant declines to refute the evidence of the prosecution. In some jurisdictions, this response by the defendant has same effect as a plea of guilty. An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific.

That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). Also called a "moot point": a side issue, problem or question which does not have to be decided to resolve the main issues in a dispute A pardon is a government decision to allow a person who has been convicted of a crime, to be free and absolved of that conviction, as if never convicted. It is typically used to remove a criminal record against a good citizen for a small crime that may have been committed during adolescence or young adulthood. Although procedures vary from one state to another, the request for a pardon usually involves a lengthy period of time of impeccable behavior and a reference check. Generally speaking, the more serious the crime, the longer the time requirement for excellent behavior.

In the USA, the power to pardon for federal offenses belongs to the President. A writ which commands an individual, organization (eg. government), or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the This is a motion put to a trial judge after the plaintiff has completed his or her case, in which the defendant, while not objecting to the facts presented, and rather than responding by a full defence, asks the court to reject the petition right then and there because of a lack of basis in law or insufficiency of the evidence. This motion has been been abolished in many states and, instead, any such arguments are to be made while presenting a regular Latin: new. This term is used to refer to a trial which starts over, which wipes the slate clean and begins all over again, as if any previous partial or complete hearing had not The official statement by a taken in writing (as opposed to which where a witnesses give their perception of the facts verbally). are the most common kind of depositions.

Latin: bring with you. Used most frequently for a species of (as in " duces team") which seeks not so much the appearance of a person before a court of law, but the surrender of a thing (eg. a document or some other evidence) by its holder, to the court, to serve as Special and highly exceptional damages ordered by a court against a defendant where the act or omission which caused the suit, was of a particularly heinous, malicious or highhanded nature. Where awarded, they are an exception to the rule that damages are to compensate not to punish. The exact threshold of punitive damages varies from jurisdiction to jurisdiction. In some countries, and in certain circumstances, punitive damages might even be available for breach of contract cases but, again, only for the exceptional cases where the court wants to give a strong message to the community that similar conduct will be severely punished.

They are most common in intentional torts such as rape, battery or defamation. Some jurisdictions prefer using the word "exemplary damages" and there is an ongoing legal debate whether there is a distinction to be made between the two and even with the concept of. A guardian appointed to assist an infant or other mentally incapable defendant or plaintiff, or any such incapacitated person that may be a party in a legal action. Latin: a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful.

Habeas corpus was one of the concessions the British Monarch made in the and has stood as a basic individual right against arbitrary arrest and imprisonment. An exemption that a person (individual or corporate) enjoys from the normal operation of the law such as a legal duty or liability, either criminal or civil. For example, enjoy "diplomatic immunity" which means that they cannot be prosecuted for crimes committed during their tenure as...


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Research essay sample on Rule Of Law Punitive Damages

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