Monday, November 18, 2019
Paralegal class assignmnet #5 Assignment Example | Topics and Well Written Essays - 500 words
Paralegal class assignmnet #5 - Assignment Example Although this decision is contrary to my understanding of the relative power of the Federal versus state government, it does not affect what I stand for. I disagree with this decision for I hold that the supremacy of the Supreme Court, as defined in Article III, gives it the jurisdiction over such a case. Q2: Natural law refers to the system of universal law that is determined by nature. In The Antelope case, the US Supreme Court examined the validity of the slave trade following the capture of a ship ferrying slaves from Africa. By the natural law, the slave trade is illegal for it denies human being of their freedom. In this case, however, the national legislation recognized the slaves as the legal properties of the Vessel crew. The positivist argument prevailed, and the judges held that the master was lawfully transporting his ââ¬Ëpossession. Although every judicial theory has unique advantages and limitations over the others, I find judicial restraint as the most appropriate approach for todays justice system. Judicial restraint encourages the judges to limit their power and influence and instead stick to the constitutional provisions. By strictly interpreting the legislations appropriately, judges live to the letter and spirit of the doctrine of separation of powers which defines the legislature as the law formulating body and not the judiciary. The use of marijuana has been illegal in several countries in the world. However, researchers have proved the medicinal value of this controversial plant. Studies have shown that bhang can be used as a painkiller and in the treatment of brain problems (Sharma 179). For this reason, bhang use should not be prohibited as it is the case in many countries. Q3: Deposition, Interrogatory and request for admission are the three primary methods of discovery that enables the party to the case exchange information
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