Stare decisisĀ is a maxim among … lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.
ā Jonathan Swift,Ā Gulliverās Travels.
“WE DO NOT KNOW WHAT THE LEGISLATURE HAD INTENDED BUT SURELY WE KNOW THE ENACTMENT “
“To treat precedents as superior to constitutional enactments is to introduce contradictions into the law, and in any system of logical propositions, acceptance of a single contradiction accepts all contradictions, rendering every proposition logically undecidable”
“By treating court opinions as though they are general law, and not just law for a particular case, we become accomplices in delegating legislative powers to judicial officials, which is forbidden by Art. I Sec. 1 of the U.S.”
Classification of Crimes
- The CrimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. of Misdemeanors
- OverviewĀ of Aiding and Abetting or Accessory
- Overview of Arson Overview ofĀ Assault and Battery
- Overview of Bribery Overview of Burglary
- OverviewĀ of Child Abuse OverviewĀ of Child Pornography
- OverviewĀ of Computer Crime and Data Theft
- Overview of Conspiracy Overview of Credit/Debit Card Fraud
- Overview of offensive Conduct
- Overview of Domestic Violence
- Overview of DrugDrug Any substance (other than food) that is used to prevent, diagnose, treat, or relieve symptoms of a disease or abnormal condition. Drugs can also affect how the brain and the rest of the bodywork and cause changes in mood, awareness, thoughts, feelings, or behavior. Some types of drugs, such as opioids, may be abused or lead to addiction. Apart from management Allopathic drugs never cure any disease. Cultivation,
- Manufacturing, Possession,
- Consumption and Trafficking
- OverviewĀ of Embezzlement
- Overview of Extortion
- OverviewĀ of Murder
- Overview of Forgery
- Overview of Hate Crimes
- Crime of Identity Theft
- Crime ofĀ Indecent Exposure
- Crime of Insurance Fraud
- Crime unintentional Manslaughter
- Crime of Kidnapping
- Crime of Money Laundering
- Crime of Perjury
- Crime of Prostitution
- Crime of Pyramid Scheme
- Crime of Rape
- Crime of Robbery
- Crime ofĀ Aggravated Murder
- Crime of Securities Fraud
- Crime of Sexual Assault
- Crime of Stalking
- Crime of Tax Evasion/Fraud
- Crime of Telemarketing Fraud
- Crime of Theft Crime of Fraud
SOME BASIC RULES
Relations between the words of aĀ statute
- ejusdem generis;
- Ā noscitur a sociis;
- expressio unius est exclusio alterius;
- casusĀ omissus
Relation of the words in a statuteĀ to outside materials
- plain meaning rule;
- when two statutes are in conflict,Ā the latest in timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-āquantum entanglementā) prevails
SOME ISSUESĀ
- Distribution of power between the legislature and the courts.
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Distribution of responsibility between the legislature and theĀ courts
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Creation of certainty in the law
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To change and adapt the law to new and unforeseen conditions
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To decide the controversies of litigants before the courts.
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Judges should make law when necessary to the ends of justice.
7.Ā The Relative MeritsMerits Strict legal rights of the parties; a decision āon the meritsā is one that reaches the right(s) of a party as distinguished from a disposition of the case on a ground not reaching the rights raised in the action; for example, in a criminal case double jeopardy does not apply if charges are nolle prossed before trial commences, and in a civil action res judicata does not apply if a previous action was dismissed on a preliminary motion raising a technicality such as improper service of process. of Legislatures and Courts as Lawmakers
THE WAY OF INTERPRETATION
- Who Should Create and Define Crimes?
- Who Does Create and Define Crimes?
- Common lawCommon law The legal system that originated in England and is now in use in the United States. It is based on court decisions rather than statutes passed by the legislature. crimes.
- Three approaches:Ā Textualism, intentionalism, and dynamism of interpretation.
Specific Interpretation
- A Directory or Mandatory Provision
- Access or non access to wife
- Acts in Pari Materia
- An act in law shall prejudice no man
- Addition of words by Court while interpreting
- The aid of the American Concept of law
- Amendment of an Act
- Any
- As far as possible
- As it deemed fit
- Beneficial construction
- Beyond reasonable doubt
- Casus Omissus
- Cohabitation
- Conjugal Right
- Consider and Determine
- Cruelty
- Deeming Provision
- Definition Clause
- Dictionary Meaning
- Discussion in Parliament
- Divorce -Cruelty Pleading
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