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Property is frequently defined as the rights of a person with respect to a thing. The difficulties with this definition have plagued speculative jurists in the West for the better part of a century. Speaking of the relationship of a person to a thing is of limited usefulness in legal discourse because a thing cannot bring or defend a lawsuit. The law does not deal with rights, privileges, powers, their correlatives and opposites, in the abstract; it deals with relationships between and among people. With this in mind one may redefine the law of property as the complex of jural relationships between and among persons with respect to things. It is the sum of rights and duties, privileges and no-rights, powers and liabilities, disabilities and immunities that exist with respect to things.
What distinguishes property law from all other jural relationships is that the jural relationships of property law deal with things. This descriptive definition of property law makes it possible to say that there is no known legal system that does not have a law of property. A legal system may not have a category that corresponds to property in Western legal systems, but every known legal system has some set of rules that deal with the relations among persons with respect at least to tangible things. In the past, family law has been closely connected with the law of property and succession, and from the records available, it must have had its principal origins in the economic and property questions created by the transfer of a woman from her father's family to the power and guardianship of her husband. Even in regard to parent and child, such legal concepts as guardianship, custody, and legitimacy were associated with family power structures and family economic interests. Family law also has to do with matters of personal status for example, the question whether X is to be considered married or single or whether Y is to be classed as legitimate although the incidents and importance of these distinctions often lead back to the law of property.
Family law shares an interest in certain social issues with other areas of law (e. g. , criminal law). One of the issues that have received a substantially increased amount of attention, from various points of view, is the very difficult problem of violence within the family. This may take the form of physical violence by one adult member on another (in this case the woman is almost always the victim), or by an adult on a child, or of some other form of violent or abusive conduct within a family circle. Difficulties can arise when the wrongdoer returns to cohabitation with the person who has made a complaint. In serious cases the only real solution may be a termination of cohabitation, or the removal of an abused child from the family unit, for example, into some form of public or foster custody.
The problem is one of social importance, and some studies (e. g. , several done in North America) indicate that a high proportion of violent crime originates in family units. 3. On the day of the trial, there may be as many as one hundred and fifty jurors called for examination and selection. Out of that one hundred and fifty, twelve will be selected as the jurors to try the case, with two alternates.
The hundred and fifty called, however, represented only a small percentage of the number of persons eligible for jury service. The one hundred and fifty, or smaller or greater number called for a particular case are referred to as the panel, and are selected from the jury lists of the County or Federal district in which the Court is located. Local laws, rules or regulations usually determine the number of jurors whose names are to be maintained on the jury list. The names on the jury list are usually selected from the registered and qualified voters, and the list checked at regular intervals to replace those who have died, moved away, or for some other reason become ineligible.
Citizens who are selected for the jury list may be selected merely by having their names taken from the list of qualified voters, and being summoned to appear on a particular day, or they may be requested to appear at the office of the Clerk of Court to answer questions, or to complete a questionnaire. In states and localities where there is a preliminary questionnaire or inquiry any juror who is disqualified, or exempt may state his reason for being excused and thus avoid being called again. Where there is no preliminary inquiry, the notice is mailed or observed by the sheriff, and on the return day the juror may state his reason for being excused. In some states the trial of complicated or difficult cases may be held before a Special Panel or Blue Ribbon jury.
In New York for example, the Special Panels are used for murder cases, and the number of names to be included on a Special Panel for each country is determined by the Judiciary Law. The names for the Special Panel are selected by lot from the names on the general jury lists, and each person selected is called to the office of the Commissioner of Jurors to complete a questionnaire. Among other questions, the applicant is asked whether he is opposed to the infliction of the death penalty, and whether he has any objections, in a proper case, to returning a verdict based on circumstantial evidence. If he is selected, his name is then placed on a smaller list of Special Jurors. Many objections have been made to Special Juries as unconstitutional, and as not representing a true cross section of the community. They are sometimes referred to as convicting juries, although public officials generally deny that there is any screening of the jurors on the bases of past performance.
When a number of jurors must be called for the trial of a case or series of cases, the names of all those eligible to serve (excluding those whose recent service on one or more juries has entitled them to be excused for a period of time) are placed in a large drum or wheel, and the names of those to be selected are then drawn by lot. In important cases, the lawyers for both sides are entitled to be present. After the drawing is completed, the members of the panel are notified to appear in court.
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Research essay sample on One Hundred And Fifty Family Law
