Latin Terms for Legal Studies Essay Example for Free

Latin Terms for Legal Studies Essay Two of the more important maxims (guides or aids) commonly used by the courts are (pg. 20): Noscitur a sociis: (It is known from its associates) is used where a word is ambiguous or unclear in a group of specific words. Its meaning is limited to the same class or types of things as the specific words. Ejusdem generis: Means of the same kind, class or nature and is known as the class rule. Under this rule, the broad, general word is limited to the same class as the more specific words preceding it. Under subsidiary legislation (pg. 23): Ultra vires: Beyond one’s legal power or authority. Under Unwritten Law (English Law) (pg. 24): Inter alia: Among other things. Lex non cogit impossibilia: The law does not compel a man to do that which is impossible. /The law requires nothing impossible. Case law or precedent may comprise res judicata, ratio decidendi and obiter dictum (pg 29). Res judicata: Final order of the court binding the immediate parties to the decision. It assumes that there are 2 opposing parties, there is a definite issue and the court has so decided the issue acting within its jurisdiction. Judgement in the strictest sense. Only applies to the immediate parties. Ratio decidendi: It’s the reason for the decision. In a case, in addition to the res judicata the legal reasoning upon which the decision in that case was based may be used by judges in future cases when confronted with similar facts. This is called the ratio decidendi of the case. Obiter dictum: Anything else said about the law in the course of a judgement that does not form part of the matters at issue is called obiter dictum (sayings by the way). It has no binding power, although it can exercise an extremely strong influence in a lower court, and even in a court of equivalent standing, depending on the court and the judge. Stare decisis: Process of following an established procedure, which literally means ‘to stand by a decision.’ Obiter: Said in passing. / Said by the way. Under Hierarchy of Precedents : Pari materia (pg. 32): Of the same matter; on the same subject. The phrase used in connection with two laws relating to the same subject matter that must be analyzed with each other. Per incuriam (pg. 33): Literally translated as through lack of care, per incuriam refers to a judgment of a court which has been decided without reference to a statutory provision or earlier judgment which would have been relevant. CHAPTER 3 Under Constitutional review (pg. 49): Â  ab-initio: From the beginning; from the first act; from the inception. An agreement is said to be void ab initio if it has at no time had any legal validity. Under Statutory interpretation (pg. 49): Sui generis: Of its own kind or class. That which is the only one of its kind. Under Magistrate Courts (pg. 54): Mesne profits: The profits of an estate received by a tenant in wrongful possession and recoverable by the landlord. Ex parte (Lost the page, sorry!): On one side only. Done by, for, or on the application of one party alone.

Macbeth :: essays research papers

Have your ever seen a play? Plays can be the most wonderful thing in the world. Plays begain takin play hundreds of years ago. The one play that was played years ago is still looked at to be one of the best plays ever to have steped foot on the stage. The play is called Macbeth and was first performed in the summer of 1606 with James and the visiting king of Denmark in attendance.   Ã‚  Ã‚  Ã‚  Ã‚  The play was writted by Shakespear in thought to please King James and account for the prominence of witchcraft in Macbeth. In that time witches were feared by the less educated people. No one wanted to spread of witch's they thought that witches use accusations of witchcraft as a way to get rid of political enemies.   Ã‚  Ã‚  Ã‚  Ã‚  In the play Macbeth there were a couple people that influenced Macbeth to do the bad things or things that he did to be come King and to stay King. I think the biggest influnce of them all was Lady Macbeth she made Macbeth kill the king. At first when she asked him to kill the king Macbeth didnt want to there was no reason for it. But then she called him names and told him how much of a coward he was and that he had to honor. She told Macbeth what to do all the time and when she didnt get her was Macbeth was in trouble. Lady Macbeth was very spoiled if you ask me she needed to get her way and she would do aneything it took to have it like that.   Ã‚  Ã‚  Ã‚  Ã‚  There were others in the story that influnced Macbeth to do things that he normaly wouldnt do and that was the witches. The witches had a big part of the play but were thought to be added in after the play was taken. But the witches influenced and told Macbeth that people were goin to talk to castle from him and they made he not care about aneything. The only thing that Macbeth cared about was King. Like when Lady Macbeth died he didnt care he didnt have time to care or think about his lost wife his King ship was on the line. LadyMacbeth was thought to be a witch but was never proven to be. Like witchs couldnt have kids and LadyMacbeth couldnt eather.   Ã‚  Ã‚  Ã‚  Ã‚  Macbeth's character change form the beginning of the story to the end.

Explain Christian views on suicide Essay

In a broad sense suicide can be defined as, â€Å"the act of intentionally ending your life.† However, there are many different types of suicide. Durkheim identified four kinds: egoistic suicide, which is the result of feeling one’s life is meaningless; altruistic suicide, the act of giving one’s life for the greater good; anomic suicide, the result of a major social change that disrupts a person’s sense of order; and fatalistic suicide, the results of excessive regulation, when one’s future is pitilessly blocked by oppressive discipline, such as in a prison or dictatorship. Christians believe that all life is sacred, and therefore the vast majority of denominations are against all forms of suicide. In examining the reasons behind this, a good place to start is the Christian teaching on the sacredness of human life. Christians believe in the sanctity of life, meaning that all human life is created in God’s image and has intrinsic worth. The Decalogue teaches, â€Å"Do not kill.† This includes killing oneself. Elsewhere in the Old Testament, Ecclesiastes 7:17 states, â€Å"Be not over much wicked, neither be you foolish: why should you die before your time?† Prematurely ending your life prevents the believer from serving God to his full potential. This idea is backed up in the New Testament, where the Apostle Paul writes in 1 Corinthians 3:16, â€Å"Know you not that you are the temple of God, and that the Spirit of God dwells in you?† Christians reject the idea of total bodily autonomy, meaning that they do not believe we have the right to do whatever we want with our bodies. The Bible suggests that our bodies are not our own, but God’s, and therefore we do not have the right to destroy them. Historical church fathers have held consistently negative views on suicide. Augustine was one of the first to publically speak out against it. He opposed it because we have a duty of selfà ¢care arising from natural inclination and we have a debt of love that we owe to others. In The City of God he wrote, â€Å"certainly he who kills himself is a homicide, and so much guiltier of his own death, as he was more innocent of that offence for which he doomed himself to die.† To take one’s own life into one’s hands and act precipitously by committing suicide is to look away from God (a final and definitive refusal of trust in God and a denial of trust in his providence, by the very nature of the act itself excluding any subsequent repentance/penance). Furthermore, Aquinas was also against suicide. In Summa Theologica he set forth three reasons why suicide is immoral. Firstly, it is contrary to natural law. Secondly, suicide does injury to the common good because the person’s community will suffer. Thirdly, it is a sin against God because life is God’s gift to man. For it belongs to God alone to pronounce sentence of death and life, according to Deuteronomy 32:39, â€Å"I will kill and I will make to live.† However, there is one form of suicide that some Christians would accept, and that is altruistic suicide in the form of martyrdom or self-sacrifice. Jesus taught that, â€Å"Greater love has no-one than this, that he lay down his life for his friends.† For example, in Judges Samson brings down a temple killing both himself and the Philistines. Augustine said that suicide was rooted in pride and lack of charity, whereas martyrdom is commendable and for the good of others. The different Christian denominations are generally unified when it comes to views on suicide. In the Roman Catholic Church it is regarded as a mortal sin, and the Catechism asserts, â€Å"Everyone is responsible for his life before God who has given it to him. It is God who remains the sovereign Master of life.† The Presbyterian Church would hold a similar view, as the Westminster Confession reads, â€Å"The sins forbidden in the sixth commandment are, all taking away the life of ourselves, or of others, except in the case of public justice, lawful war, or necessary defence.† Even though they clearly teach that suicide is a sin, it is not an unpardonable sin. Salvation is by grace alone and if one is truly saved, nothing (not even suicide) can separate them from Jesus. The United Methodist Church believes that suicide is not the way life should end, but would be hesitant to label it a sin. Therefore, they denounce the condemnation of people who commit suicide, and do not believe surviving family should be stigmatised. Modern psychology has impacted the Christian view of suicide. In the past Christians were guilty of separating physical and mental illness and although they were in support of treatment for physical ailments, they were wary of psychiatric treatment. Even today some fundamentalist churches would see illnesses such as depression as purely spiritual afflictions. In the wake of high profile suicides such as Rick Warren’s son Matthew, most leaders are encouraging the Church to acknowledge that matters of depression and suicide are medical in nature and should be addressed no differently than other physical illnesses. They imply that to do otherwise promotes stigma, shame and restricts the believer’s access to appropriate care. Another reason why Christians are against suicide is the profound negative effect it can have on other people. Suicide does not just harm the person who dies, it is a form of bereavement even more devastating than usual because the family will forever agonise over what led the person to take their life, and if they could have prevented it. This is especially so if the family discover the body or witness the suicide. Suicide can damage close communities such as schools and churches. Wyatt said that, â€Å"suicide can have devastating effects on others. In fact, it can be one of the most selfish and destructive acts anyone can perform.†

Analysis Of The Poem The Gospel Of Wealth - 2081 Words

Dagan Martinez Dr. Amanda Bruce AMH2020 26 September 2014 Comparison, Analysis, and Criticism of Economic Ideals in the Gilded Age In his essay, â€Å"The Gospel of Wealth,† Andrew Carnegie argues that the imbalance of economic wealth is essential to the advancement of society. In days past, there was little difference between the quality of life between a ruler and his subject. Alluding to a time when Carnegie visited the chief of an indigenous American tribe, he observed that the Chief of the Indians , who lived in a state of antiquity, tent was no different from even the poorest among the tribe. Returning back to this stage of civilization would be detrimental to both the ruler and subject. Is it better for all of us to live in poverty than for a few of us to have riches? Shouldn t those who prove themselves masters in art and literature and those of higher intelligence have more than those with no talent? This is the way society is progressing. Whether or not one actually believes that doesn t matter, as changing the destiny of c ivilization is beyond one s power. (Carnegie, 28-29) It is better to improve society through the construction public foundations such as museums and libraries rather than alms-giving. Through alms-giving, one encourages laziness and vagrancy rather than integrity, and thus damages society. Through public structures, one provides support for those who actually wish to succeed can rise in society. Those who are most deserving of alms rarely needShow MoreRelatedAnne Bradstreet and the Puritan Community Essay2029 Words   |  9 Pagestraditional feminine roll. She comments on the idea of community in her poem The Prologue saying, â€Å"Let Greeks be Greeks, and women what they are;/Men have precedency and still excel,/It is but vain unjustly to wage war†(189). She is very clearly admitting an understanding that a community exists. 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