Courts As Legislators Essays - , Term Papers

Courts As Legislators Courts As Legislators The purpose of this paper is to show that although not originally intended to, some our modern day courts in the United States have in essence become legislators. I will give a brief overview of the history of courts and site some cases where the decisions handed down or the opinions of the court have set precedent in the way the law is understood and enforced. As long as man has been on this earth there have been conflicts or disputes that needed to be resolved by a third party. By definition, a court is a.) a place where legal justice is administered b.) a judicial tribunal duly constituted for the hearing and determination of cases. The recognized existence of even primitive courts implies a relatively high degree of social organization and the need for systematic resolution of disputes based on established customs and rules of conduct. Courts have been set up to hear disputes between two or more parties. In medieval European history a Curiae was a court, or group of persons, who attended to a ruler at any given time for disputes of social, political or judicial purposes were resolved. It's composition and functions varied considerably from time to time and from country to country during a period when executive, legislative and judicial functions were not as distinct as they were later to become. The ruler and the curia made all policy a nd decisions either great or small and if the ruler was a powerful one, were as active as a modern day court of law. The curia of England underwent an evolution from the medieval curiae. It was known as Curia Regis, which was introduced at the time of the Norman Conquest (1066) and lasted until the end of the 13th century. The Curia Regis was the start that the higher courts of law, the Privy Council and the Cabinet, evolved from. About the same time, the Curia undertook financial duties. The members were called justices and in the king's absence presided over the court. In 1178, Henry II took another step by appointing five Curia members to form a special court of justice, which became the Court of Common Pleas. Initially the justices of this court followed the King's court from place to place, but Magna Carta (1215) provided for the court to be established in one place. There was also Ecclesiastical courts, which was a tribunal set up by religious authorities to deal with disputes among clerics or with spiritual matters between clerics and layman. Although you can find such courts today among the Jews, Muslims and some Christian sects, their functions have become limited to strictly religious issues and the governance of church property. During earlier periods, the ecclesiastical courts often heard matters of the non-spiritual, and during the Middle Ages; the Roman Catholic Church even rivaled the non-spiritual courts in power. Some of the secular matters dealt with included anything to do with marriage and exclusive jurisdiction over cases involving wills. In England, the ecclesiastical courts had complete jurisdiction in matters of succession of personal property until the 16th century, and then in competition with the courts of chancery, until 1857. In many areas, where royal justice was insufficient, church court assumed jurisdiction. However, by the end of the 14th century, as the administration of royal justice increased, so did the heightened controversy between the two powers. The secular authorities found ways to diminish to power of the ecclesiastical courts, thus rendering their jurisdiction to that of spiritual matters. The civil contract of marriage was separated from the sacrament and other contracts and wills were brought into the secular domain. In England today the ecclesiastical courts exercise jurisdiction in civil cases concerning church buildings and in criminal cases in which clergymen are accused of spiritual crimes. As our forefathers came to America, they brought with them the ideals that were set before them in their native country. Although they left England looking for a new way of life, they used these ideals as the basis for a new society. With the Constitution of the United States a new form of government was formed. The three branches of federal government that arose from this are:

Trench warfare Essay Example

Trench warfare Essay Example Trench warfare Essay Trench warfare Essay Warfare World War I was one of the most historic wars in United States history. The war was mostly fought In France or Germany. What sparked the start of the war was the assassination of Arch Duke Franz Ferdinand. There were 65 million men from 30 countries flatting In the war and there were over 35 million casualties. Trench Warfare was one of the many ways used to fight In World War I. The method of fighting was to have trenches, and other enemys would also have trenches across the plains. They would each try, and do little raids on their enemys. The ranches were a tough place to live, sleep, eat, and battle in. Trench life was brutal, you would have to sleep underground on the rock solid ground. The soldiers would put their coat over them as that was the only thing they had to keep them warm. If it rained outside they would have to deal with sleeping in puddles with rats, frogs, and beetles. The dugout was a small room where the commander or soldiers slept in. They would even sometimes have to take turns on who gets to sleep because one person had to keep guard for enemy attacks. Overall sleeping in trenches was not a UN time for any soldiers during the war. There was always a dally routine that the soldiers had to do even If there wasnt an attack. The routine would start with a stand to. At this time all the sleeping soldiers were woken up. They would grab a gun or a weapon and get ready for morning raids. After the stand to the soldiers would have breakfast and clean the weapons. After breakfast, there would be an inspection to make sure the guns are clean and their clothes are too. They would also check their feet for trench foot. All the men that werent fighting had chores to do like fill sandbags and repair the ranches. After they were done with their chores for the day they were free until next task. It was very boring and they would have a lot of free time. They would write a note back to their loved ones and tell them they are alive. Another thing is clean their weapons and clothing. Also they would play games Like cards. This Is also the time to start and cook their own meals. They would have one more stand to at night time with the same routine. Some weapons they used were flame throwers and mustard gas. The Germans started to use flame throwers in the asses. They had a huge range of 40 meters so hat made them a great trench warfare weapon. Mustard gas was also a deadly type of weapon in WWW as enemies used them to raid. They would throw in a gas bomb. The soldiers that threw it, were equipped with gas masks so they were able to walk right in and fire. Sadly, the soldiers inside were not and there were many casualties from gas and flame throwers. Deaths were also very normal in the Great War. Soldiers would always be losing friends. There were many ways a soldier could die in the trenches. When the soldiers looked over the parapet they would have a high risk of getting sniped by the enemy. The last thing was death from all types of disease Like trench foot. The soldiers not only had to deal with enemies that were human, but also with rats and other manias and insects. Rats in packs of millions infested the trenches. I nerve were two types AT rats, Dalai Ana Drown. I en rats love t trenches. They would eat the dead soldiers eyes and livers. After they would feast on human flesh they would go and scavenge food from the soldiers. This would cause many deaths as the rats would put diseases into the food they ate. Some rats loud grow to be the size of a cat on how much they ate. The soldiers in the trenches were scared of the rats. They would use any method to kill the beasts. A couple things they used was the bayonet on their gun, shooting or smacking them with their guns. One rat in the trench can produce up to 900 offspring in a year. Rats werent the only scare in the trenches. Lice was a normal thing in the trenches. Up to 95% of the soldiers living in the trench had some case of lice. There was body lice, which would have lice on them from being so dirty, and those lice would plant eggs. There was also head lice. Men chose shaving their heads to not have to deal with lice. Lice not only itched but caused Trench Fever, it was a deadly disease, it was pain that was followed by a very high fever. Other ensconces are frogs, slugs, and beetles. Another terrible thing that the soldiers had to deal with was the horrible smell. There were many things that caused the trenches to smell as bad as they did. The rotting flesh of dead soldiers would make the trenches reek. Sometimes the men would die, and their dead bodies werent found quickly so they would sink into the du and rot. Also, Just the stench of common humans that did not have the luxury of taking a bath. Also, the smell of dried up sweat and cigarette smoke added to the stench. There was a constant smell of strong cleaning supplies as the men would try to rid themselves of diseases. Last, but not least the smell of battle, the odor of gases and gun smoke were everywhere. The United States started to Join the war in 1917. It took them about another year to get all their supplies and troops over there. Therefore, the Americans were not really involved in trench warfare. Trench warfare really didnt affect the Americans battle style or their battle involvement. It was not a big thing that happened that got them all roused up and wanting to strike. The warfare did have a little bit of an affect on the homestead. Woman would take over the menus Jobs to pay for expenses. People from all over the country would pitch in and send food to Americans fighting in the war and in trenches. African Americans would move up to get new Job opportunities as all the soldiers and men in the country were at war. In 1917 they were not only using volunteer soldiers anymore. They needed more men to fight over in Europe and they would get them from back at the home-front. Thats why they did a military draft. During one year of the draft nearly 24 million men entered the army and 3 million went into the war. The United States food administration went under a huge change. They wanted everyone to farm so they could send food to the soldiers. They wanted regular families to grow victory gardens in their backyard. Women were taking all menus Jobs for the first time ever in American history. They would be working on the assembly lines, producing weapons, and munitions. For the iris time ever stores were hiring African Americans in their stores. The women really favored the draft because that gave them opportunities to be all they can be. For once they could do all the Jobs the men could and not Just be waitresses and caterer cents. Some women Colane In to Nell Walt meal problems. Back on the battlefield, some soldiers would even kill themselves so they would not have to endure the terrible living conditions of the trenches. Others would run out on the battlefield on purpose to get sniped by enemy. A soldiers trench life would consist of a week in the front trench. Then they would get moved to a week in the support trench, which followed by a third week in a reserve trench. In the reserve trench the soldiers could rest and do what they want. They could play sports and card games. If they wanted to they could write letters to their family back in America and cook dinner for themselves. The trenches had many main causes of how they came to be. One is the Germans in 1914, planned to invade France with the Schlemiels Plan. When the Germans came close they were tired and retreated. They dug trenches to protect themselves. When the enemy forces tried to pass and invade they would be killed instantly by machine guns and all types of gases. The trenches were so well hidden and underground so the human eye could barely see them. Because of the trench warfare, the war slowed down a lot. Trench warfare affected many lives of countries nationwide. It was a good war tactic and helped countries military a lot. Although there was many casualties in the war and the trenches brought many diseases, World War I will always go down in history to be a very important war, fought worldwide.

Implement and monitor nursing care for consumers with mental health Assignment

Implement and monitor nursing care for consumers with mental health conditions - Assignment Example Anderson’s condition and also discuss the important related functions and interventions which shall then be implemented by this nurse in order to appropriately address Mr. Anderson’s mental health problem. I have different responsibilities as far as Mr. Anderson is concerned. First and foremost, I have to recognize and accept the client as an individual (Schultz & Videbeck, 2009, p. 29). He is a person who is apart from everyone else; he has individual thoughts, emotions, and experiences which make him unique. This recognition would prompt me to treat and manage his case based on his individual circumstances, not based on generally prescribed interventions for patients manifesting his symptoms. Another responsibility that I need to fill in behalf of my client is to be his advocate (Schultz & Videbeck, 2009, p. 29). Since, he is not in the best position to care for his needs, my role would be to ensure that his rights and needs as a patient are protected and cared for. My role as a patient advocate would involve â€Å"acting on the client’s behalf when he or she cannot do so† (Videbeck, 2008, p. 96). As a nurse, my role in Mr. Anderson’s case is also to assess and plan his care (Schultz & Videbeck, 2009, p. 29). This assessment should be conducted in a detailed manner and in a manner appropriate to Mr. Anderson’s needs and condition. The assessment process shall be discussed in detail in the paragraphs that would follow. My role as a nurse would also involve â€Å"accepting the client’s perceptions and expressions of discomfort† (Schultz & Videbeck, 2009, p. 29). I have to accept that my client’s expression of discomfort are legitimate expressions without having him prove to me that he is really feeling that way. This would help establish trust and confidence between myself and Mr. Anderson and it would help him open up more about his feelings. Another responsibility I have is to respect Mr.