Law for Non-Lawyers Case Study Example | Topics and Well Written Essays - 2000 words

Law for Non-Lawyers - Case Study Example Thereafter, Billy is under the influence of Alcohol, and he slaps the nurse when he is denied permission to see the wife in the hospital. Under these circumstances, the crown court has to put into consideration the various fields of law that Billy fails to adhere to; for instance, the Family Law- under the domestic violence, the criminal law- Assault on a public servant (Nurse) (Ferraro and Boychuck 209). Further insights into this situation is the place where the crime occurred, there is the presence of Children aged 5 and 8. Based on family laws, it is apparent that domestic violence propagates perilous effects on children because, at this ages children are at a critical stage of growth and development and exposure to domestic violence may change their perception and strategies to use in making decisions (Ferraro and Boychuck 209). Finally, the Crown Court may file a case against Billy on attempted murder on Hilda in using a chair leg to hit his wife. Using some peer reviewed journ als, secondary sources, publications, and statutes, the paper shall analyze a justified decision that the Crown Court may take concerning Billy’s situation (Asmus 115–158). According to Dr. Badawi & Jamal (1971), the both civilization and Christianity values the wellbeing of women and restores their rights. Therefore, a woman is a companion to the husband but not a legal obligation to him. In the first case, Billy assaults his wife by hitting her with a chair leg harming her. This is against the laws defined under section 47 on offences Against the Person Act 1861. Based on the offences Against the Person Act 1861, Billy’s act of assault falls under the intent of causing resulting to bodily harm or wounding (Asmus 115–158). In view of both the Crown Court sections, the court has every right to file a case against the assaults committed by Billy on Hilda and the nurse. However, the Crown Court will only open a case against Billy if Hilda accepts to file a case against Billy for the injuries sustained. For this reason, any course of action by the crown court is dependent on the Hilda’s decision, and the testimony that the children may provide to the Court on what they saw. They are the eyewitnesses on the circumstances surrounding the guilty consciousness of Billy (Asmus 115–158). Therefore, if Hilda takes a decision of opening a case against her husband, then, these puts the Crown into a better position of prosecuting Billy and justifies the issues surrounding the violence Act against Hilda. Hilda is a victim of violence to her husband the moment her rights are violated by Billy. It is very apparent that, Billy intended to cause violence because at the time of the crime, he was in his right frame of mind. Under the Family Violence Act, domestic violence is any form of mistreatment caused to a family member. The form of violence may involve children, close/elderly relatives, but violence occurs between spouses (Asmus 115 –158). Based on all these facts and the course of action taken by Hilda, Crown Court prosecutor may consider sentencing Billy for approximately 4 – 5 years. Considering the case, or rather, this incidence occurred in May 2004, a man

Comparison of the Declaration of Independence and the Constitution Essay

Comparison of the Declaration of Independence and the Constitution - Essay Example The Constitution responds to that requirement. The most apparent forms of Constitutional response can be found in its architecture. Government powers are divided into executive, judicial, and legislative branches (Allen 1). The legislative takes the central position; it is well elaborated in Article 1 and it bears the most careful description of principles and powers of representation. This fulfills the Declaration concerns in which particular tyrannical oppressions are listed; the Declaration lists ten executive power violations, one judicial power violation, and fourteen legislative power violations. The legislative powers are listed in Article I, Section 8, and they serve as a template through which the charges made against the King may be assessed as mainly one or the other tendency. The Constitution offered protection where the experience written in the Declaration recognized dangers. A similar pattern is shown in the Bill of Rights, which opens with a strong limit, â€Å"Congr ess shall make no law †¦Ã¢â‚¬  (Allen 1). Both documents affirm that the legislative powers go back to the people. Every charge made against King can be transformed into positive assertions of the government’s obligations. ... The liberty of citizens entails free movement of a person into and out of the nation. The judicial power must be independent of the will of the executive, and they must be given the power to render justice to individuals. The citizens are not supposed to be burdened with the (excessive) need to sustain public officers. Public liberty and the military administration are not compatible, and the military ought to be subordinate to and reliant on the civil power (Allen 1). Second, both the Constitution and the Declaration hold the principle of equality. The most compelling evidence of the Constitution’s principles is offered in its architecture. Furthermore, considerable dimensions are contained in the tenor and the language of the document. The Preamble has generally been identified as keynoting the document in its recognition of â€Å"â€Å"We the People† as the authorizing power of the government established under the Constitution† (Allen 1). This responds to the instance made by the Declaration that the public good is the purpose of a limited constitutional union. Additionally, it further argues that the artificial and political bodies do not create the United States of America. It is the people who exercise a native God-given right have the ability to do so (Allen 1). It is important to note that the authorizing individuals are recognized in the document as fully entitled to serve within the government and to gain from its ministrations. The Constitution has its own terms, which determine an individual eligible to hold office. The individuals are distinguished based on citizenship restrictions and by reasonable age. The document does not admit any religious test, and no gender or race is excluded. In other words,