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The Executive of the United States of America  (A) President There is no political office in the world today that carries with it greater constitutional power and responsibility than the American Presidency. Time and events, greater general law and personality, have built the Presidential office into an unparalleled position of national leadership and world prestige. Qualifications of the president of The United States of America: The Constitution provides that a candidate for Presidency must fulfill the following conditions: (a) He must be a natural born citizen of the United States. (b) He must not be less than 35 years of age. (c) He must, have live in the U.S.A. for not loss than 14 years. The question of residence was raised by the opponents of Herbert Hoover who has not been a resident for fourteen consecutive years immediately prior to his election in 1828, although he had resided in the United States considerably more than fourteen years altogether. According to Ferguson ...

Declaratory Suits & Decrees Question: What is a declaratory decree? In which suits and under what circumstances can a declaratory decree be issued? What are the exceptions? Answer: Declaratory Decrees: A person who has a right to any property or a person who has a legal status can exercise his right without any interference. If someone objects or interferes with his or her rights or legal status, he or she can sue and get a declaration of his or her rights. Such a suit is called a declaratory suit. A decree issued in a declaratory suit is called a declaratory decree. Section 42 of the Specific Relief Act of 1877, has provided for declaratory suit. According to this section, "Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not i...

The Parliament of the United States of America  US Parliament  The American Constitution vests the legislative powers of the federation in a bicameral legislature, known as the Congress. The Upper and Lower Chambers are called the Senate and the House of Representatives respectively. The legislative powers of both the chambers are co-equal, except that a Money Bill can only originate in the House of Representatives. But in, effect, the Senate is more powerful than the House. The Senate enjoys certain executive and judicial powers which the House does not. The Senate is not only more powerful than the House, but is also the most powerful Second Chamber in the world. The Senate of the U.S.A Term of Senate The Senators are elected for a term of six years one third retiring every two years. The retiring Senators are eligible for re-election. Rather, every good Senator is elected over again. There are numerous examples of persons remaining members of the Senate for over 18 years...

Provisions Relating to Amendment & Cancellation of Documents Question: Discuss the provisions of the law relating to amendment of documents. Answer: Provisions related to amendment of documents: Amendment of a document is the correcting of a mistake to fulfill the real purpose of the parties to the contract. The provisions of the Act relating to the amendment of documents are within Sections 31 to Sections 34 of the Specific Relief Act have been discussed. According to section 31, in case of any contract where the document does not really express their intentions for fraud or due to mutual mistakes of the parties, either party or their representative may file a suit to amend the document and if the court finds it clearly proven that the document has been made by fraud or omission and it is not possible to determine the true motive of the parties in enforcing it, there the court may, in accordance with its discretionary power, amend the deed to the extent that it can be exercised...

Characteristics of the Constitution of the United States of America Constitution of the United States The Constitution that emerged from the Philadelphia Convention was a model of draftsmanship, of linguistic style, of shortness and of apparent clarity. It is the oldest written Constitution in existence and the shortest of the Constitution of any other nation, except the Chinese. It contains only 4,000 words, occupying ten to twelve pages in print. The following are the fundamental characteristics of the Constitution. Essential Characteristics of the Constitution of the USA: 1. Federal Form of Government The delegates at the Philadelphia Convention met to find means for establishing an effective national government. At the same time there was no serious discussion in the Convention of proposals which might have lowered the dignity of the individual States. The Constitutional Basis of American Federalism: 1. The Constitution grants certain legislative, executive, and judicial powers...

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...