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Constitution of the United States of America Background of the Constitution of the United States of America: The Declaration of Independence: The Declaration of Independence is the first formal American state paper. It is not judicially enforceable, and it establishes no legal rights or duties. But the Declaration has had a decisive effect on the development of governmental system. It sets forth the ideals and reflects the standards of what might be called the American creed. This creed, with its stress on the rights of people, equality under the law, limited government, and government by consent of the governed, infuses the structures and practices of the Constitution. The Declaration of Independence remains the American conscience, a constant challenge to those who would subvert democratic processes or deny persons their inalienable rights. So long as the menace of the French and the Spaniards existed in North America these colonies meekly submitted to the dictates of the mother-c...

Specific performance of the contract  Question: Which contracts can be enforced and which contracts cannot be enforced? Discuss with the relevant section & examples. For which reasons a Court can refuse to give a decree of specific performance of contract even though the contract is legal and Answer: Specific performance of the contract: When a party to a contract suffers irreparable loss due to a breach of contract for which financial compensation is not considered enough or adequate, then s/he can sue before the court to enforce the terms of the contract, this is called a specific performance of the contract. Where breach of contract causes loss to any of the parties of the contract, the relief of which is not considered enough, appropriate and adequate through financial compensation, there, as the financial compensation is not sufficient, the aggrieved party is allowed to claim specific performance of the contract as appropriate and legal relief Section 12 of the Specifi...

The Nature and Protection of Human Rights in the United Kingdom: Human Rights  The video is concerned with the protection of human rights. The first task is to determine what is meant by human rights: there is a great deal of terminological inconsistency in this area with a number of terms frequently used- human rights, civil liberties- often referring to the same thing. For our purposes, human rights take two forms. On the one hand, there are the classical civil and political rights - the rights to liberty of the person, the rights to form political parties and to participate in elections, and the rights to freedom of conscience, religion and expression. On the other hand, there are social and economic rights - the right to employment, health care, housing and income maintenance during periods of ill health, unemployment or old age. Human rights lawyers have traditionally confined their concerns to the former category, to the exclusion of the latter even though social and economi...

Write short notes on the following topics: 1. Decree and order: 2. Mesne Profits 3. Judgment debtor 4. Legal Representative 5. Cause of action 6. Res judicata: 7. Res Subjudice: 8. Substituted Service: 9. Pleadings 10. Amendment of pleadings; 11. Rejection of plaint 12. Set off 13. Ex-parte decree: 14. Issue 15. Local Investigation 16. Attachment before judgment 17. Receiver 18. Mandatory injunction 19. Inherent Power 1. Decree and order: Generally, the final order of a suit is called a decree. According to section 2(2) of the Code of Civil Procedure, decree means the formal expression of an adjudication, which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. Decree determines the rights of the parties. Therefore, the order in which the rights of the parties are not determined, are not called a decree. Plaint is to be filed before the court to institute a suit. The defendant files a written statement after the...

Judiciary in the United Kingdom - Civil Courts & Criminal Courts in UK Civil Courts in UK Magistrates' Court: Magistrates' Court are the inferior criminal courts in England. In addition to their criminal jurisdiction, they exercise certain family law, administrative law and minor civil functions. Now the magistracy is regulated by the Justice of the Peace Act, 1979 and the Magistrates' Court Act, 1980. These are the real identity of UK courts. Magistrates of two types Historically Kings and Queens in England were interested to resolve disputes. One of the unique feature was of the UK court system is the justices of the peace. 1. Justice of the peace The history of the justices of the peace as a judicial officer can be traced to the Justices of the Peace Act of 1361. In the 19th century their judicial functions were extended as the some offences becoming triable by petty sessions and with the establishment and development of matrimonial jurisdiction. The antiquity of ...