In Mr. Andrew Beckett’s case, he was wrongfully terminated from his counsellor position at Wyatt, Wheeler & Brown, and has the opportunity to approach the legal options of a civil case, Charter of Rights and Freedoms case, or a Human Rights complaint. Each legal option has its advantages and disadvantages, although, there is one particular option which contains all of the facts and evidence that will be most effective for Mr. Beckett, due to his lack of time and need of financial income. After examining a Human Rights case, Charter of Rights and Freedoms, and civil case, it is clearly evident that Mr. Beckett should take the approach of the Human Rights case due to the fact that it is most optimum legal choice regarding the predicament Mr. Beckett is facing.
A civil action would be a satisfying legal option to accelerate with because it entirely excludes government issues, as it mainly consists of one individual suing the other, such as Beckett v. Wyatt, Wheeler and Brown. Initially, in a civil suit, one can receive an immense amount of financial outcome, which for Mr. Beckett, would ultimately lead to the right approach. Although, with Mr. Beckett’s circumstance of having a limited time to live, due to his Acquired Immune Deficiency Syndrome, before justice is served a civil case is an immoderately slow process, which essentially eliminates the option of Mr. Beckett proceeding with a civil case. In order to receive the financial remedies within a civil case, Mr. Beckett is required to be alive. Due to his medical condition, it would factually not be enough time to go forth with a civil case, as it is an excessively long process. This process consists of going through multiple procedures; cause of action (complaint or reason for suing), writ of summons (issued by the court), statement of claims (the facts according to the plaintiff), statement of defense (defendant’s response or counterclaim), reply, examination for discovery (evidence examined by...
INDIAN CRIMINAL DEFENSE MANUAL
The Role And Responsibility of a Legal Aid Lawyer
Rights of the Accused and Exceptional Circumstances
Other Pretrial Matters
Theory of the Case
Various Defense Strategies
Questioning the Witness
Plea Bargaining/Guilty Plea
The Code of Criminal Procedure
The Constitution of India
The Indian Evidence Act, 1872
The Indian Penal Code, 1860
India Country Summary Card
Rights of the Accused Around the World
Important Case Law regarding Defendants' Rights in India
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India has one of the world's largest populations of pre-trial detainees with 249,796 people in overcrowded and unsanitary prisons. While in police custody, these Indian citizens are often subjected to beatings, sleep deprivation, and shock treatments - all in violation of their fundamental constitutional rights. Subjected to inhuman and degrading treatment, they are an example of humanrights abuses on a colossal scale. Four people die in police or judicial custody every day from these abuses.
Many of these deaths could be avoided if cases were swiftly resolved. However, each year more cases are filed in Indian courts than can ever be disposed of, creating a huge bottleneck in the criminal justice...
“Sources of HumanRightsLaw: Custom, Jus Cogens and General Principles” by Brunno Simma and Philip Alston.
The issue of establishment, authentication and protection of humanrights and freedoms is of significant prominence nowadays. The adoption of the Universal Declaration of HumanRights and of subsequent Covenants in 1948 and 1966 respectively, the establishment of the European Court of HumanRights, Inter American Court of HumanRights and African Court of Human and People’s Rights is an example of a growing States’ involvement in the subject-matter. The world community as a hole is undoubtedly concerned with the humanrights violations arising in different parts of the globe and is trying to resolve the problem. But to do so one needs to have defined judicial instruments which can be used to reach the peaceful solution. That’s why having a settled and agreed algorithm of the identification and application of the sources of international law on humanrights is so crucial.
The scope of the present article comprises the problem of the relevance of different sources of international law stated in the Article 38 of the Statute of the International...
...replacing the HumanRights Act 1998 with a British Bill
of Rights and Responsibilities.
The HumanRights Act 1998 (HRA 1998) is the single most effective piece of legislation, passed in the United Kingdom, which enforced the principles set out in European Convention on HumanRights in British domestic courts. A brief history as to the enactment of such a profound piece of legislation will help us understand the importance of the HumanRights Act 1998, and reasons the current coalition government would consider replacing the HumanRights Act 1998 with a British Bill of Rights and Responsibilities.
After World War 2, and the barbaric atrocities of the Nazi holocaust, European politicians and jurist were convinced that there was a need to forge a new Europe. The foundation of the Council of Europe was inspired by the need to guard against dictatorship, avoid risk of another war and to provide a beacon of hope. The first task was to establish rights for individuals against sovereign states. The code of the European Convention of HumanRights (ECHR) was formed, and the European Court on HumanRights (ECtHR) was established and located in Strasbourg.
This treaty was signed by member states. However, British nationals who wanted to...
In the bible it says being a homosexual or transgender is a sin and therefore isn’t permitted into heaven. People make signs saying “GOD HATES FAGS”, “FAGS ARE WORTHY OF DEATH”, yet it also says in the bible god loves everyone, sinner or not. Our society has created this propaganda that homosexuals and transsexuals are horrible people and should be eliminated. This is biased. Now here’s a question. Have we ever stop and thought about how they feel about all this hatred and isolation towards them? They didn’t wake up one day and decided to be gay or dress like the opposite sex they are. In the year of 1998 a major hate crime case set in, the Matthew Shepard trial.
Matthew Wayne Shepard, An openly gay American student at the University of Wyoming, was tortured and killed near Laramie, Wyoming on October 1998, only 21 years old. He was attacked on the night of October 6-7 and died five days later, October 12th. Matthew lived a life outside of the sexual norm of our society. As a result of this he was brutally murdered. This case commenced major public reaction all around the world and opened thousands of eyes. This case angered the homosexual societies. Most importantly battered Matthew’s family and changed their lives forever.
Matthews’s journey began on December 1st, 1976. He was born to Judy and Dennis Shepard in Casper, Wyoming. Matthew’s father described him as an optimistic and excepting young man....
...HumanRights Study Questions
1. Under the heading “Labour Rights as HumanRights” on page 134 of reading 1 (“Labour Rights as HumanRights in the Age of Globalization”), the authors assert that “there are two principal manners to conceive of labour rights.” In the two paragraphs which immediately follow that statement, the authors list differentrights that are encompassed under each of these two approaches. Please identify FOUR kinds of labour rights emphasized under the first approach, and FOUR kinds of labour rights included under the second approach. (W1)
First Principle: Labour rights are often depicted as a subset of the body of civil rights and political freedoms. The state’s role in defending worker’s rights, but workers also need to be protected from the limits of that state. Labour rights are understood by comprising: i) freedom of association ii) freedom from sexual harassment iii) “ discrimination iv) right to human dignity Second Principle: A broader outlook on labour rights. Relies on the state, but also on an active role on the part of the citizenry to advance those entitlements. Based on economic, social and cultural rights. i) the right to work ii) the...
...Legal essayHumanrights are protected under Australian law in three key ways; statute law, the constitution and common law. It could be argued that if Australia adopted a bill of rights, humanrights would be more clearly defined, consistent in all states and territories and more easily understood.
Humanrights are protected in Australia through statute law. Statute law refers to laws made by parliament, also known as legislation. Moreover statute laws set up administrative bodies whose responsibility it is to carry out the workings of these acts.Occasionally, judges are required to interpret legislation or make decisions about the application of statute law. These decisions will have binding impacts on humanrights protection. Examples of statute laws that protect humanrights in Australia include the Anti-Discrimination Act 1977 (NSW), the Sex-Discrimination Act 1984 (cth) and the Racial-Discriminations Act 1975 (cth). The HREOC is one of the administrative bodies that are extremely effective in protecting humanrights. An example of this involved the case of Scarlett Finney in 1998. In this case they found that the Hills Grammar School discriminated...
...The concept of Universal HumanRights is a fairly new conception in human history. Rights are not the same thing as social or cultural norms, which can be used to oppress minority interest and be fundamentally unfair to individuals. The beginnings of this concept can be traced back to the Enlightenment Era of the mid 17th through the 18th century. The formal international consensus of this idea did not take effect until after World War II, when the United Nations (U.N.) adapted the Universal Declaration of HumanRights (UDHR) on December 10, 1948 establishing an international standard of humanrights. Although the majority of member nations of the U.N. agreed on this resolution, there where nations that argued against it. Thus the question still persist today, Are humanrights universal? I believe that they are.
Humans use morals and ethics to determine “right” from “wrong” on an individual as well as a cultural basis. An individual belief of right and wrong is derived from life long experiences; and influenced by culture, religion, parents, schools, relationships, etc. Cultural beliefs of right and wrong are a consensus of those beliefs in a nation or region, which can, and do vary widely between different cultures. These concepts also vary over time...
...history about how to deal with humanrights violations? Your answer should make reference to at least 3 historical case studies.
To fully understand what the question is asking we must first define what is meant by ‘HumanRights’ and what constitutes a violation of these rights. Once this essay has defined what a humanrights violation is it shall then go on to describe periods in history where there has been a clear breach of a peoples humanrights and describe what society has learned from these events.
Peter Baehr, An author and professor of HumanRights from the Netherlands defines humanrights as “internationally agreed values, standards or rules regulating the conduct of states towards their own citizens and towards non-citizens…Humanrights tell states what they may not do, but also what they are supposed to do.”(Baehr, 1999. P1). Humanrights as we know them came about at the end of World War two as a consequence of the reign of the National Socialists in Germany who killed more than six million Jews, gypsies, homosexuals and political opponents. It was the greatest scale of fundamental humanrights violations in modern times. The acts committed in this period of time helped permanently...