Types of court sentences uk

Consists of federal courts and judges Constitution gives Congress the power to create inferior (lower) courts to meet the nation’s needs -- two main types: District courts -- most cases involving federal laws are first heard in district courts -- U.S. divided into large geographic districts (which covers several states) Appellate courts -- courts that review cases that have been appealed from a lower court -- only considers whether the original trial was fair and legal -- their decisions can be appealed to the Supreme Court Supreme Court -- the highest court in the land (Congress has set the number of justices at nine, and they usually serve for life). Judicial Powers: To protect the Constitution Federal courts have the power to resolve disputes that involve national laws, the federal government, or the states. -- can also try people accused of breaking national laws Dispute only goes directly to Supreme Court if it involves a state or an ambassador from another country; otherwise has to come from a trial and then an appeal in lower courts -- could come eventually from national or state courts -- usually only review cases if they think a decision from a lower court might conflict with the Constitution or a federal law Supreme Court -- has the power of judicial review -- the power of the Supreme Court to decide whether laws and acts made by the legislative and executive branches are unconstitutional

Types of Courts

What is a crime A crime is generally defined as an act or omission that is prohibited by criminal law Two critical ingredients of a crime are: 1) the commission of an act (Actus reus) 2) the mental intent to commit the act (Mens rea) A crime occurs when a person Commits an act or fails to commit an act when under a legal responsibility to do so Has the intent or mens rea to commit the act Does not have a legal defence or justification for committing the act and Violates a provision in criminal law The Social construction of crime Important to distinguish between behaviours that may be considered deviant by society and crimes Deviance is behaviour that is contrary to the norms and values of the larger society Crime is behaviour that breaks the law Deviance includes: Criminal behaviour and Wide range of other behaviours not against the law: May be frowned upon by the larger society What is viewed as deviant changes over time Crime includes: Social construction of crime Legal status of behaviours is not determined by behaviour itself but result of social response to the behaviour/persons/groups engaged in it Criminologists often conduct historical analyses to understand how social, economic and political environments may influence legislation Moral entrepreneurs Often play a key role in criminalizing certain activities Individuals, groups or organizations, seek action against certain groups of people/behaviours and bring pressure on legislators to enact criminal statutes The Origins and Application of the Criminal Law Differing perspectives on where criminal laws come from/ applied via the criminal justice system are reflected in two models 1) Value consensus model 2) Conflict Model Value consensus model Behaviours are defined as criminal/punishment imposed, reflect opinions/limits of tolerance Application of law, society reaffirms acceptable behaviours/social cohesion Conflict Model Crime and punishment reflect the power some groups have to influence, formulation/application of criminal law rich/privileged have an advantage in influencing law reform/criminal justice system The Canadian Legal System Is a common law system, with exception of Quebec which has a civil law system (Based on the French Code Napoleon) Common law is law based on custom, tradition, practice and generally unwritten Precedent is a judicial decision may be use as a standard in subsequent similar cases Canadian Courts Canadian courts organised in a hierarchy Supreme court of Canada is the highest court Stare decisis- principle whereby higher courts set precedents that lower courts must follow “To stand by what was decided” Like cases should be treated alike All courts below SSC bound to apply that same ruling in subsequent cases Criminal Law Body of law deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Functions of the Criminal Law In Canadian society, Criminal law provides the following functions Acts as a mechanism of social control Defines the parameters of acceptable behaviour Reduces the risk of personal retaliation Assists in general and specific deterrence Prosecutes criminalized behaviour Protects groups interests Principles of Canadian Law The Rule of Law The requirement that governments as well as individuals be subjected to Traced back to the English Magna Carta The essence of the rule of law is that No one person is above the law All persons are bound by the law All are entitled to protection by the law The law should be observed and enforced equally There is a standard to which criminal justice officials must adhere and will be held accountable Criminal Law Vs. Civil (Tort) Law Summary Crime is a social construction and is a reflection of changing time and mores Criminal law is not static and what behaviour legislatively defined as criminal can change overnight There are instances in which controversy arises when the criminal law is applied to issues of ethics, morality and religion The criminal law was identified as one type of public law and the functions of the criminal law were set out The rule of law and the charter of rights and freedoms are two key parts of the foundation of the criminal justice system There are several principles that also provide the foundation for Canadian law The role, principles origins and application of the criminal law were examined and a number of case studies were presented to illustrate the dynamic nature of the criminal law in a diverse society

Figure 18-11 represents the amount of energy stored as organic material in each trophic level in an ecosystem. The pyramid shape of the diagram indicates the low percentage of energy transfer from one level to the next. On average, 10 percent of the total energy consumed in one trophic level is incor- porated into the organisms in the next. Why is the percentage of energy transfer so low? One reason is that some of the organisms in a trophic level escape being eaten. They eventually die and become food for decomposers, but the energy contained in their bodies does not pass to a higher trophic level. Even when an organism is eaten, some of the molecules in its body will be in a form that the consumer cannot break down and use. For example, a cougar cannot extract energy from the antlers, hooves, and hair of a deer. Also, the energy used by prey for cellu- lar respiration cannot be used by predators to synthesize new bio- mass. Finally, no transformation or transfer of energy is 100 percent efficient. Every time energy is transformed, such as during the reactions of metabolism, some energy is lost as heat. Limitations of Trophic Levels The low rate of energy transfer between trophic levels explains why ecosystems rarely contain more than a few trophic levels. Because only about 10 percent of the energy available at one trophic level is transferred to the next trophic level, there is not enough energy in the top trophic level to support more levels. Organisms at the lowest trophic level are usually much more abundant than organisms at the highest level. In Africa, for exam- ple, you will see about 1,000 zebras, gazelles, and other herbivores for every lion or leopard you see, and there are far more grasses and shrubs than there are herbivores. Higher trophic levels con- tain less energy, so, they can support fewer individuals.A population is a group of organisms that belong to the same species and live in a particular place at the same time. All of the bass living in a pond during a certain period of time make up a pop- ulation because they are isolated in the pond and do not interact with bass living in other ponds. The boundaries of a population may be imposed by a feature of the environment, such as a lake shore, or they can be arbitrarily chosen to simplify a study of the population. The humans shown in Figure 19-1 are part of the pop- ulation of a city. The properties of populations differ from those of individuals. An individual may be born, it may reproduce, or it may die. A population study focuses on a population as a whole—how many individuals are born, how many die, and so on. Population Size A population’s size is the number of individuals that the population contains. Size is a fundamental and important population property but can be difficult to measure directly. If a population is small and composed of immobile organisms, such as plants, its size can be determined simply by counting individuals. Often, though, individ- uals are too abundant, too widespread, or too mobile to be counted easily, and scientists must estimate the number of individuals in the population. Suppose that a scientist wants to know how many oak trees live in a 10 km2 patch of forest. Instead of searching the entire patch of forest and counting all the oak trees, the scientist could count the trees in a smaller section of the forest, such as a 1 km2 area. The scientist could then use this value to estimate the population of the larger area. SECTION 1 OBJECTIVES ● Describe the main properties that scientists measure when they study populations. ● Compare the three general patterns of population dispersion. ● Identify the measurements used to describe changing populations. ● Compare the three general types of survivorship curves. VOCABULARY population population density dispersion birth rate death rate life expectancy age structure survivorship curve FIGURE 19-1 A population can be widely distributed, as Earth’s human population is, or confined to a small area, as species of fish in a lake are. Copyright © by Holt, Rinehart and Winston. All rights reserved. 382 CHAPTER 19 If the small patch contains 25 oaks, an area 10 times larger would likely contain 10 times as many oak trees. A similar kind of sampling technique might be used to estimate the size of the pop- ulation shown in Figure 19-2. To use this kind of estimate, the sci- entist must assume that the distribution of individuals in the entire population is the same as that in the sampled group. Estimates of population size are based on many such assumptions, so all esti- mates have the potential for error. Population Density Population density measures how crowded a population is. This measurement is always expressed as the number of individuals per unit of area or volume. For example, the population density of humans in the United States is about 30 people per square kilome- ter. Table 19-1 shows the population sizes and densities of humans in several countries in 2003. These estimates are calculated for the total land area. Some areas of a country may be sparsely popu- lated, while other areas are very densely populated. Dispersion A third population property is dispersion (di-SPUHR-zhuhn). Dispersion is the spatial distribution of individuals within the popu- lation. In a clumped distribution, individuals are clustered together. In a uniform distribution, individuals are separated by a fairly con- sistent distance. In a random distribution, each individual’s location is independent of the locations of other individuals in the popula- tion. Figure 19-3 illustrates the three possible patterns of dispersion. Clumped distributions often occur when resources such as food or living space are clumped. Clumped distributions may also occur because of a species’ social behavior, such as when animals gather into herds or flocks. Uniform distributions may result from social behavior in which individuals within the same habitat stay as far away from each other as possible. For example, a bird may locate its nest so as to maximize the distance from the nests of other birds. These migrating wildebeests in East Africa are too numerous and mobile to be counted. Scientists must use sampling methods at several locations to monitor changes in the population size of the animals. FIGURE 19-2 TABLE 19-1 Population Size and Density of Some Countries Population size Population density Country (in millions) (in individuals/km2) China 1,289 135 India 1,069 325 United States 292 30 Russia 146 8 Japan 128 337 Mexico 105 54 Kenya 32 54 Australia 20 3 dispersion from the Latin dis-, meaning “out,” and spargere, meaning “to scatter” Word Roots and Origins Copyright © by Holt, Rinehart and Winston. All rights reserved. POPULATIONS 383 The social interactions of birds called gannets, which are shown in Figure 19-3b, result in a uniform distribution. Each gannet chooses a small nesting area on the coast and defends it from other gannets. In this way, each gannet tries to maximize its distance from all of its neighbors, which causes a uniform distribution of individuals. Few populations are truly randomly dispersed. Rather, they show degrees of clumping or uniformity. The dispersion pattern of a population sometimes depends on the scale at which the popu- lation is observed. The gannets shown in Figure 19-3b are uni- formly distributed on a scale of a few meters. However, if the entire island on which the gannets live is observed, the distribution appears clumped because the birds live only near the shore. POPULATION DYNAMICS All populations are dynamic—they change in size and composition over time. To understand these changes, scientists must know more than the population’s size, density, and dispersion. One important measure is the birth rate, the number of births occur- ring in a period of time. In the United States, for example, there are about 4 million births per year. A second important measure is the death rate, or mortality rate, which is the number of deaths in a

Extradition (International law), Political Offence Exception, The Political Offense Exception (POE) serves as a critical safeguard in international extradition law, allowing a requested state to refuse the surrender of a fugitive if their alleged crime is of a "political character." These offenses are categorized into two types: **pure political offenses**, such as treason or espionage, which target the state's political organization without harming individuals; and **relative political offenses**, which are common crimes like robbery committed with a political motive. To distinguish between these, courts apply various judicial tests. For instance, the **Political Incidence Test** (established in *In re Castioni*) focuses on whether the act was incidental to a political disturbance, while the **Swiss Proportionality Test** weighs the political end against the criminal means used, denying the exception if the harm caused is disproportionate. In the context of **state succession**, the application of extradition treaties depends largely on the underlying legal theory adopted by the new sovereign. Under **Universal Succession**, the new state inherits all prior treaties and obligations, ensuring legal continuity. Conversely, the **Clean Slate (Tabula Rasa) Theory**, often seen in decolonization, suggests that new states are not bound by the predecessor’s treaties, potentially creating "safe havens" for fugitives until new agreements are reached. Practical examples include the **Dissolution of the USSR**, where Russia acted as the "continuator" state inheriting treaties, and the **Partition of India and Pakistan**, where a devolution agreement ensured that colonial-era treaties remained in effect. Despite its protective intent, the POE faces **modern erosion** to ensure that heinous acts do not go unpunished. Specific limitations, such as the **Attentat Clause**, explicitly exclude the assassination of a head of state from being considered a political offense. Similarly, modern treaties and conventions (like the *Meunier* ruling) exclude **terrorism**, hijacking, and crimes against humanity from the exception, viewing these acts as attacks on the general social order rather than legitimate political dissent. This evolution reflects a growing international consensus that the gravity of certain crimes—such as those seen in the **Rainbow Warrior case study**—far outweighs any claimed political motivation, shifting the legal focus toward human rights and the prevention of torture.

Chapter 7 Study Guide Answers What does the Bill of Rights do? The Bill of Rights lists our basic rights. Who is the person mainly responsible for the Bill of Rights? James Madison is the person mainly responsible for the Bill of Rights. The Bill of Rights is part of which document? The Bill of Rights is part of the United States Constitution. Whose job is it to protect our rights listed in the bill of rights? It is the job of the federal courts (judicial branch) to protect our rights. What are the five rights listed in the first amendment? Freedom of speech: includes symbolic speech; does not include speech that could endanger the public safety. Religion: Right to believe whatever you want, but you can’t do whatever you want in the name of religion (can’t break the law). Press: The free flow of information and ideas; can’t print lies or information that could be helpful to an enemy in wartime. Assembly: Use public property for meetings and demonstrations (i.e. parades, protests, political rallies). Must be done legally and peaceably. Right to petition: Means you can appeal to the government if you’re unhappy about something or some policy. Give one example of speech NOT protected under the first amendment. An example of speech not protected under the first amendment would be crying “fire” in a crowded movie theater (anything that could potentially endanger the public safety). What does the second amendment give us the right to? The second amendment gives us the right to bear arms. What does the third amendment state we are not legally obligated to do? Under the third amendment, we are not obligated to quarter (or house) soldiers in our homes. What does the fourth amendment protect us from? The fourth amendment protects us from unreasonable search and seizure. What is needed in order to search or seize property? A warrant is needed, which must be issued by a judge, in order to search and seize property. What five rights are we guaranteed under the Fifth Amendment? Right to a grand jury: determines whether or not the government has enough evidence to bring someone to trial. Double jeopardy: Once a person has been found not guilty, he cannot be tried again for the same crime. Self incrimination: A person has the right to remain silent; he does not have to testify against himself. Due process: The government must follow a clear set of rules (a process) as it carries out the law and takes your life, liberty, or property. Just compensation: If the government has to take someone’s land, they will offer a fair price. What is the right stated in the “Miranda Warning”? The main right stated in the “Miranda Warning” is the right to remain silent. What are the four rights stated under the sixth amendment? Right to a speedy and public trial, and an impartial jury. Right to a jury of people that live in the defendant’s area (jury of your peers). To hear and question all witnesses Right to an attorney As stated in the seventh amendment, we have the right to which type of trial depending on how much money a person is being sued for? What can a judge NOT do? Under the seventh amendment, we have the right to a jury trial depending on how much money is at stake in a civil trial. A judge cannot overturn a decision made by a jury. What are the four things that are prohibited under the eighth amendment? The four things that are prohibited (or not allowed) under the eighth amendment are: excessive fines, excessive bail, cruel and unusual punishments, and poor prison conditions. Under the ninth amendment, rights not listed in the Bill of Rights belong to whom? According to the ninth amendment, rights not listed in the Bill of Rights belong to the people. The tenth amendment states that powers not given to the national government are reserved for whom? According to the tenth amendment, powers not specifically given to the national government are reserved for the people and the states. What is meant by the term “double jeopardy”? The term “double Jeopardy” refers to a person being retried for a crime in which he has already been acquitted, or found “not guilty”. What does it mean to be indicted by a grand jury? To be indicted by a grand jury means that a person will be going to trial and will retain all of the rights listed in the fifth, sixth, seventh, and eighth amendments.

Types of Computer

Types of business organizations sole propriotership, partnerships, coperations, cooperatives, franchise, vertical & horizantal mergers, congolomerates

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