The Case Of William Marbury Deserved The Commission Or Not

This case was a case for the ages that challenged the very decision of our newly elected president. The former President Adam after a grueling election has lost and in order to maintain the legacy of the Federalist, he began to appoint justices to the Supreme Court. These judges were appointed by the president and confirmed by the Senate, but unfortunately for these justices, the letters that confirmed the appointment never reached the potential justices. Adams was working quickly to push the appointments through, but unfortunately he ran out of time and Jefferson took office. Jefferson saw the appointment letters on his desk and discarded them. One of the potential justices was William Marbury and he sued the president for his Supreme Court appointment. His goal was to have the court to order a writ of mandamus, which if completed, would order a government official to fulfil their official duties. The Chief justice presented three questions that needed to be decided by the court. The first issue addressed was whether William Marbury deserved the commission or not. The court opened the questioned if the law had a remedy for the situation. The final question was whether the writ of mandamus the appropriate legal action in the case. These questions were debated and the court confirmed that Marbury deserved the commission, but they found that the Judiciary Act of 1789 which allowed the court to submit the very writ of mandamus Marbury needed was unconstitutional. AccordingShow MoreRelatedThe Court Case Of Marbury V. Plessy V Ferguson1119 Words   |  5 Pagesin the court cases of Marbury v Madison, Plessy v Ferguson, and the book To Kill a Mocking Bird by Harper Lee. These cases clearly exemplify that the law does not always provide justice, although it endeavors to do so. In the court case of Marbury v Madison from 1803, it is apparent that justice does not prevail. This case was brought to court because William Marbury was denied his rightful spot to a justice of the peace position in the District of Colombia. This spot and commissions were signedRead MoreThe State Of Public Schools Essay1466 Words   |  6 Pagesjudges and the ability to set district court budgets. Then, the Kansas Governor Sam Brownback, who is in the executive branch, signed a law that would remove the funding of the judicial branch if the Kansas Supreme Court ruled against him in the court case concerning the funding of public schools. The actions of both the legislative and executive branch of Kansas’ government disregard the system of checks and balances because the judicial branch is being punished for doing their job. Therefore, judicialRead MoreThe United States Supreme Court Cases 1946 Words   |  8 PagesStates Supreme Court consists of the Chief Justice of the U nited States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law. Established by the Constitution within Article III, the Supreme Court was declared the highest federalRead MoreJohn Marshals Life and Work1917 Words   |  8 Pages1777(Newmeyer, 7). While at the Academy Marshall became friends with James Monroe. Thomas Marshall acquired the services of a live-in tutor, James Thompson from Scotland, to educate the Marshall children. Except for a short time spent at the College of William and Mary, this was the sum total Marshalls formal education. With direction from his father, Marshall picked up the rest of his education on his own. Part of Thomas Marshalls influence in his sons education was his introduction to neighbor GeorgeRead MoreJohn Marshall: The Man who Saved the Supreme Court and the Nation2463 Words   |  10 Pages1777(Newmeyer, 7). While at the Academy Marshall became friends with James Monroe. Thomas Marshall acquired the services of a live-in tutor, James Thompson from Scotland, to educate the Marshall children. Except for a short time spent at the College of William and Mary, this was the sum total Marshalls formal education. With direction from his father, Marshall picked up the rest of his education on his own. Part of Thomas Marshalls influence in his sons education was his introduction to neighbor GeorgeRead MoreThe Founding Fathers : Virginia1589 Words   |  7 PagesPurchase†). Marbury vs. Madison was considered one of the most important cases in the history of The Supreme Court. This case was the first to establish the idea of â€Å"judicial review,† the power given to the judicial branch to declare acts of Congress unconstitutional. As his presidency term was ending, Adams appointed multiple justices of peace whose commissions were approved by the Senate and ready to deliver. However, Madison would not deliver them after Jefferson took office in 1801. William Marbury

Human Right - Universal, Inherent, Inalienable, Indivisible.

Human rights are said to be universal, inherent, inalienable, and indivisible. In this paper we will discover what each of those mean including discussions which examine if human rights are in fact universal, inherent, inalienable, and indivisible equally and without prejudice for all of humanity. Human rights are universal since they are said to belong to all humans in every society and should accommodate all persons in the world equally. To consider if human rights are in fact universal, one must considerer a wide range of factors including cultural differences and geographic setting to name a few. Human rights are said to be inherent regardless of their nation, location, language, religion, ethnic origin or any other status. To†¦show more content†¦Human rights values are universal and not culturally specific. The Universal Declaration of Human Rights is half a century old, but critics are still asking whether anything in our multicultural, diverse world can be tru ly universal. The universal declaration of human rights states everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of their rights and obligations and of any criminal charge against them. Defenders of universal human rights need to honestly acknowledge the fact is that there are serious objections to the concept of universal human rights to better validate their position on this topic. All rights and values are defined and limited by cultural perceptions. There is no universal culture; therefore there are no universal human rights. Some have objected that the concept is founded on an individual view of people, whose greatest need is to be free from interference by the state. Non-Western societies often have a communitarian ethic which sees society as more than the sum of its individual members and considers duties to the state to be more important than rights. Global human rights rely on national imp lementation of internationally recognized human rights. The Universal Declaration of Human Rights was adopted at a time when most Third World countries were still under colonial rule. HumanShow MoreRelatedIs Human Rights Universal, Inherent, Inalienable, And Indivisible? Essay2051 Words   |  9 PagesAssignment 1: Are human rights universal, inherent, inalienable, and indivisible? Student’s Name: Institutional Affiliation Date Introduction Human rights can be summarized as the activities and freedoms that all human beings are entitled to enjoy and only by virtue of their humanity. These conditions are generally guaranteed in the constitution of the land. They are widely felt in the area as they are divided and not limited to political, social economic and cultural rights. Some of theRead MoreThe Principles Of Human Rights Essay2285 Words   |  10 Pagesâ€Æ' Introduction Human rights can be summarized as the activities and freedoms that all human beings are entitled to enjoy and only by virtue of their humanity (Freeman, 2011). These conditions are generally guaranteed in the constitution of the land. They are widely felt in the area as they are divided and not limited to political, social economic and cultural rights. Some of the main principles of human rights include the fact that they are inherent, inalienable and indivisible as well. In thisRead MorePrisoners Rights in International Law1509 Words   |  7 Pagesâ€Å"Prisoner’s Rights In International Law† I. Introduction: History of Rights for Prisoners Imprisonment, or the forcible confinement of a person, has been a long standing practice and tradition in the world’s history (Roberts). Dating as far back as 400 B.C., prisons have held a variety of meanings and served a wide array of functions, but in its fundamental use, prisons are intended to supplement the rise of a state as a form of social organization (Roberts). The most common use of prisons isRead MoreWhat Is Human Rights?1289 Words   |  6 PagesWhat is Human rights? Human rights are the moral philosophy or norms that illustrate certain standards of human behaviour, and are regularly confined as legal rights in national and international law. Human rights are rights inherent to all human beings, whatever our nationality, colour, sex ,place of residence, national or ethnic origin, religion, language, or any other status. It is our right to know about human rights without discrimination. These rights has significances of interrelated, interdependentRead MoreThe United Nations High Commission For Human Rights Essay2064 Words   |  9 PagesIntroduction The Office of the United Nations High Commission for Human Rights (OHCHR) defines Human Rights as, â€Å"rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.† Human rights are a set of norms or standards of behaviour that are intended to protectRead MoreAnimal Farm, By George Orwell2096 Words   |  9 PagesHuman rights have been at the centre of the free world officially from the beginning of the seventeenth century with the Bill of Rights (1688/1689). 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The Foundations Of National Reconstruction History Essay Free Essays

On Nationalism, Suns purpose was to unify the Chinese people to contend for a common cause. This was important for any revolution to take topographic point as it had to affect big multitudes. This meant that the people will hold to alter their perceptual experiences to see themselves as fellow citizens instead than people from different racial and societal groups. We will write a custom essay sample on The Foundations Of National Reconstruction History Essay or any similar topic only for you Order Now He emphasized that under the new Chinese Republic, no race will be discriminated, specifically indicating out that the Manchus, even though they were hated for doing China ‘s death, would non be treated below the belt. He besides highlighted the importance of patriotism for China to be powerful state. Sun hoped that a united community would increase national consciousness and a united people will be powerful to guard of enemies such as the European colonialists that were still busying parts of China. On democracy, Sun explained the system of democracy and what political alterations were traveling to take topographic point. He challenged the legitimacy of the old monarchies of China in which he stated that the societal groups in which one individual was considered superior over the other is against the rule in which all worlds are equal. He besides explained the demand for a democratic authorities and argues for the formation of a Chinese fundamental law. Finally, Sun explained his positions of Livelihood. In the economic system, Sun explained the state of affairs of the Chinese economic system and highlighted alterations in the economic system, chiefly explicating the demand of province ownership in order to avoid income inequality. Sun besides explained on the demand for three revolutions that will finally take China to a fully fledged democracy. In this part Sun besides drafted his thought of the future cardinal authorities of the Republic of China, which will dwell of five boards to guarantee cheques and balances in the authorities and forestall any functionary from being excessively powerful which may endanger democracy in China. Sun this as a political statement on China ‘s advancement. This papers reiterates the Three Principles of the People in which he mentioned in 1905[ 2 ]. He besides highlighted the incompetency of the old system of authorities in the papers and besides his positions on the importance of a revolution. The address ‘s intended audience was the Chinese people, to inform them on how China was traveling to travel frontward to Reconstruction of its state after the blue period during the stoping old ages of Qing Dynasty. The papers was written in 1923, at the clip when Sun had made merely finished his last expatriate and had eventually became the de facto leader of the Republic of China.[ 3 ]Despite the triumph of the 1911 revolution of China when the Qing Empire was overthrown, the new democracy was a failure. Democracy was non achieved and it was mired by heavy corruptness. Sun became the probationary president of the Republic of China for a short period of four months and so po wer was handed over to Yuan Shikai. Yuan Shikai, being a power-hungry individual was more interested of consolidating his ain power than anything else, seting China into farther confusion.[ 4 ]After Yuan ‘s decease, China came to the epoch of warlordism, which factionalized China.[ 5 ]Hence in 1923, Sun had wanted to repeat China ‘s demand of advancement and growing to travel frontward re-emphasise the exalted ideals of the revolution. The papers he wrote is in a optimistic tone given that the papers written seems to portray that Sun belief that his three rules will convey about success in China ‘s Reconstruction. These rules besides show that Sun wanted the future coevals to retrieve him as a symbol of China ‘s success, which had brought Chinas out of its worst times towards a bright hereafter. Based on his papers, it can be seen that the 1920s was a clip of great adversity and a period of muss in China. At the period of warlordism, China was broken up into many different coteries. Warlords were invariably contending each other for districts. The economic status at that period was awful ; the warlords had wrecked the financial system of China and greatly hampered any patterned advance in the economic system.[ 6 ]Hence, the papers attempted to supply solutions to the assortment of jobs in China However, the article ‘s optimism seems to be slightly ill-conceived given the desperate political, economic and societal world faced by China during this period. It was ever traveling to be hard to accomplish the ends stated in the papers. An illustration was Sun ‘s hopes that different ethnicities in China would see themselves as fellow citizens and handle each other every bit.[ 7 ]This was hard because China had a really long history of factionalism, where people saw themselves as portion of a race or a societal group alternatively of a united people.[ 8 ]It would be a tall order to anticipate every racial and societal group in China to alter. Furthermore, some racial groups differ greatly in civilization and linguistic communication. An illustration of this would be the Han Chinese and the Tibetans who are still non able to screen out their differences today. In fact, when the papers was written, China was still in the Warlord epoch and hence at that place was already a immense challenge of eliminating the different military coteries before any success on patriotism is was possible. This optimism is besides undermined by the deficiency of any concrete programs Sun had to further patriotism in China. Another high spot in the papers was the thought of province ownership, which Sun felt was the manner to travel frontward instead Capitalism. Sun ‘s thought of province ownership instead than traveling towards private ownership at the beginning of the democracy, was the logical measure to take because Capitalism needs to hold a solid foundation before it can be implemented and China did non hold this in 1923. Besides, Capitalism is a Western economic system and therefore following Capitalism was likely to tie in his authorities with the powers which were looting China during this period of clip, and therefore would de-legitimize Sun ‘s government. Sun had made mentioned illustrations of Europe and America significantly in the papers. This was due to Sun ‘s esteem of its advancement and success in political and economic cabals. . This had therefore encouraged him to look to the West to retroflex their theoretical account in accomplishing a successful republican democracy that he wished China would be. Hence, Sun wanted to follow some of these Western systems to China. Even the three basicss that he had mentioned in the papers were similar to that of the Gallic slogan, Liberty, Equality and Fraternity[ 9 ]. Furthermore as Sun had studied in the West, he was really influenced by Western instructions and saw the success of the West because of its strong sense of Nationalism, effectual democracy and well-run economic system. Hence, these factors convinced him that some theoretical accounts from the West needed to be For Sun, being imperfect was the extreme importance and he felt that advancement could merely be achieved throu gh autonomy and democracy[ 10 ]and hence this influenced his policies stated in the papers that focused on these countries. Sun had desperately wanted advancement because it was a instead pressing issue in China. One of the factors was likely due to the advancement of another East Asiatic state, Japan who was already economically and politically advanced as compared to China in 1923.If China does non come on it might stay taken for granted by westerners and Japan who were already busying parts of China, merely an betterment in China ‘s state of affairs could let it to be stronger against these forces. Furthermore, China was used to be a proud and powerful state and alternatively of being occupied and shamed, it used to hold tributary provinces whose states used to be subservience to its emperor[ 11 ]. Hence, China was a proud state and Sun ‘s purpose was to reconstruct this pride of the Chinese people. Its retardation was mortifying in China. Sun therefore see the import ance of advancement to recover its strength in international dealingss This papers therefore of import as it was used as a footing of administration in the old ages to come when China was under the Kuomintang. However, in Mainland China today, it influence is limited because it was taken over by the Chinese Communist Party during the civil war, the Chinese authorities still upholds this papers as the rule of its state ‘s fundamental law.[ 12 ] How to cite The Foundations Of National Reconstruction History Essay, Essay examples

Business Law of Finance Lease by John †MyAssignmenthelp.com

Questions: 1.Explain whether the car finance company can argue that it has a valid mortgage over the office? 2.Can Easy Loan Bank enforce its mortgage over the house and can it rely on the assumptions in s129 of the Corporations Act? Answers: Issue: 1. In the present case, the first issue is related with the purchase of sports car by John worth $80,000. For this purpose he has obtained a finance lease in the name of the company and he also gave a guarantee in the form of a mortgage over the office building belonging to Kakadu Tourism Services Pty Ltd. In the present case, it needs to be noted that the loan has been taken by John for his personal use, to purchase a sports car worth $80,000. In this way, Kakadu Tourism Services Pty Ltd (KTS) was not going to be benefited or derive any commercial advantage from the loan. Due to the reason that a corporation is a fictitious legal entity, it has to act through its agents. These agents can be the directors or the other officers, employees or official agents of the company. Rule: It has been mentioned in section 126, Corporations Act the seal of the company is not required for the purpose of creating a binding contract. If the agent of the company or its employee or some other person has been authorized for this purpose, and the person has acted within the authority provided by the company. Therefore, thelaw provides that if an individual is acting within the scope of express or implied authority provided by the company, may enter into a legally enforceable contract on behalf of the company (Baxt, Fletcher and Fridman, 2008). In this regard, it also needs to be stated that the directors or the other officers of the corporation enjoyed all the powers that have been given to them under the constitution of the corporation or the replaceable rules. It is also worth mentioning that the principle of ultra vires has been done away with. As a result, any of the company cannot be treated as invalid only on account of the reason that the act of the company is contrary to or beyond the limitations of the prohibitions that have been mentioned in the Constitution of the company. These include the contracts or the promises that are against the provisions of the Constitution of the company (Cassidy, 2013). This provision has been mentioned in section 125(2) of the Corporations Act. In this regard, another provision is present in section 129 of the Act. It provides that, generally, it is permissible for an outsider to assume that the person, acting on behalf of the corporation does have the necessary authority and the person is acting within the scope of the company's constitution. Application: In this regard, section 127 of the Act prescribes the ways in which a document may be validly exhibited by a company. Therefore, briefly speaking, a document may be executed by a company in accordance with the provisions of section 127 with or without the seal of the company. Thelaw provides that in case the company has received, it is not necessary to use it (Ciro and Symes, 2013). Hence, usually the execution of document according to section 127 takes place without the seal of the company. In such a case, a document may be validly executed if the document is signed by (i) to directors of the company; (ii) , a director and company secretary (iii) or in case of provides the company, having sole director, who is also the sole secretary by such director. Conclusion: In the present case, this requirement has not been fulfilled. As a result, it can be concluded that the mortgage over the office building of KTS, executed by John for purchasing the sports car was not validly executed. Hence, it cannot be argued by the car finance company that it has a valid mortgage over the office belonging to KTS. Issue: 2. Another issue that is present in this case deals with the loan of $200,000 taken from Easy Loan Bank without informing Mary and without obtaining the approval of the board, which was required by the Constitution of the company. John had mortgaged the house in which Mary was living. John also told the bank that Mary had resigned from the position of the company secretary of the company and his son Michael had been appointed as the company secretary. Therefore, it needs to be seen if the mortgage over the house can be enforced by Easy Loan Bank and for this purpose if the bank can rely on the assumptions mentioned in section 129, Corporations Act. Rule: It needs to be loaded in this regard that the individual directors of the company, managing directors as well as the company secretaries are always treated as agents of the company (Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd., 1964). But they should be authorized by the relevant internal rules of the company. In this regard, section 129, Corporations Act provides that an outsider can make an assumption regarding the presence of the authority given to the agent. Therefore, it has been mentioned in section 129 that an outsider can make an assumption that a person representing the company as its officer has been appointed properly and similarly to assume that such such person has the authority of using the powers on behalf of the corporation (Hanrahan, Ramsay and Stapledon, 2013). Similarly, the section also provides that the outsiders may assume that the person is performing properly, its duties towards the corporation. On the other hand, a contract cannot be treated as binding for the company only due to the reason that the agent has entered the contract without authority (Hargovan and Adams, 2013). The relevantrule of the common law that applies in such cases is the indoor management rule. In Turquand's case, the court came up with this rule. According to the indoor management rule, protection has been provided to innocent third parties while they are going to enter the transaction with a corporation, but they cannot know if all the relevant internal rules of the corporation have been followed or not (Redmond, 2009). Hence the courts have adopted a practical approach in order to deal with the problems that were present before the outsiders. These problems were the result of the fact that it is very difficult for the outsiders to know if all the relevant internal rules of the company have been followed while inching into transaction (Li and Riley, 2009). The indoor management rule has been incorporated in section 129, Corporations Act. However, thecommon law provides that this protection is not available in case the third-party those regarding the fact that the director or the a gent was not properly appointed or if such person does not have the authority to enter a contract on behalf of the corporation. Similarly, the law requires that the effect of fraud and forgery should be kept in mind, while considering if a particular contract created by the agent can be treated as binding on the company or not. In order to deal with such cases, section 128(3) of the Act provides that if a document has been forged by the agent or if the agent has acted fraudulently, these assumptions can still be made by the innocent third party (Austin and Ramsay, 2012). Application: In this case, John had made a false representation to Easy Loan Bank that Mary has been removed from the position of the director of the corporation and in his place, his son, Michael has been appointed as the company secretary and Michael also has the authority to sign contracts on behalf of the corporation. But in this regard, it needs to be noted that there was no documentation lost with the ASIC which would show that Mary had been removed from the position of the company secretary of KTC and Michael has been appointed in her place. In this way, John had taken a loan of $200,000 from the bank without telling Mary. The loan was secured by a mortgage over the house that was owned by the company and in which Mary was living. Under these circumstances, the issue arises if the Bank can be allowed to enforce the mortgage against the house. For this purpose, it doesn't be decided if the mortgage created by John and Michael legally binds the company or not. In view of the regions mentione d in section 129, it can be said that in the present case, the mortgage is binding on the company. At the same time, it also needs to be noted that in view of section 128(3) even if there is some fraud, still an outsider is allowed by the law to make the assumptions mentioned in section 129. As a result in the present case. Also, Easy Loan Bank can make the presumptions mentioned in section 129 of the Act. As a result, the contract created by John and Michael regarding the loan of $200,000 and the mortgage of the house is binding on KTS. Conclusion: Under these circumstances, the law allows Easy Loan Bank to enforce the mortgage over the house. For this purpose the bank may rely on the assumptions mentioned in section 129 of the Act. References Austin R.P. and Ramsay, I. 2012, Ford's Principles of Corporations Law, Butterworths, Australia, 15th edition Baxt, R., and Fletcher, K.L., Fridman, S. 2008, Corporations and Associations Cases and Materials on, Butterworths, Australia, 10th edition Cassidy, J. 2013, Corporations Law Text and Essential Cases, Federation Press, 4th edition Sydney Ciro T, Symes C. 2013, Corporations Law in Principle LBC Thomson Reuters, Sydney, 9th edition Hanrahan, P., Ramsay I., Stapledon G. 2013, Commercial Applications of Company Law. CCH 14th edition Harris, J. Hargovan, A. Adams, M. 2013, Australian Corporate Law LexisNexis Butterworths 4th edition Li, G, Riley, S. 2009, Applied Corporate Law: A Bilingual Approach LexisNexis 1st Edition. Redmond, P. 2009, Companies and Securities Law - Commentary and Materials, Law Book Co., Sydney, 5th Freeman and Lockyer v Buckhurst Park Properties (Mangal) Ltd (1964) 2 QB 480