R Lang & Associates
Where Do Our Laws
Come From ?
Since
the earliest existence of man and his earliest groupings, known as tribes -
laws, rules, or codes - were instinctively formed due
to survival. Yes, it is
survival that probably caused the first laws, and which is still a
concern today. However, the levels
of survival
have developed through the ages where "survival" has evolved toward meeting
all the lower and higher needs of
man - which not
only include food, shelter, and clothing - but all the available opportunities
to become a self-actualized person.
This mostly accounts
for the many forms of education to reach one’s goals – or pursuit of happiness
- from being a space astronaut to a ballerina.
Lower
needs are still in effect such that laws are still needed for our basic safety
and survival (e.g., gun laws).
It is a discussion among the law field that the ‘spirit of the law’ with the
‘written law’ must have originated from the biblical act of
Moses who set forth in stone tablets the
Ten Commandments.
It is thought that all currently ratified and written laws, from
constitutional to state law, branched from this one act of God.
Although reconstituted into civil and criminal law, the original Ten
Commandments are still being defended in our courts today.
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POSTED 01-27-14
In
addition to main constitutional law, state laws, or statutes,
address issues that pertain specifically to a state. State laws may
coincide with
or add to constitutional law, but cannot subtract
from it. Although
state laws address issues such as sales tax
or drinking
age, the majority of serious problems involving civil or criminal
matters pertain to constitutional law, or mainland law.
The term
mainland law may be used to further expound the issues of the
constitutional law and are described in such references
as
West’s
Encyclopedia of American Law or
American Jurisprudence, and are
published in a set of several volumes. State law books
may also
compose several volumes and bear titles such as ‘The General
Statutes of …’ However, the word ‘General’ in the title of a
state law
reference only refers to the state, and should not be confused with
the general laws of a nation. The only real implication
of the word
‘general’ in a state law reference is that it may coincide with the
constitutional, or mainland, law.
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POSTED 01-08-14
The Fourteenth Amendment
The Fourteenth Amendment is the longest of the constitutional
amendments and contains provisions for the citizen.
Section I
extends
citizen rights to "All persons born or naturalized in the United States, and
subject to the jurisdiction thereof .."
ARTICLE XIV.
Section I.
All
persons born or naturalized in the United States, and subject to the
jurisdiction thereof,
are citizens of the United States and of the State wherein they reside. No
State shall make or enforce
any law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any
State deprive any person of life, liberty, or property, without due process of
law; nor deny to any person
within its jurisdiction the equal protection of the laws.
This ensures that we are all given fair treatment and opportunity and that a
state cannot interfere with this equality.
This is most often
known to the workplace which warns of discrimination.
Equal opportunity also includes such venues as sports and entertainment
since these
have become businesses and industries too.
The same goes for being a consumer. For example, within the same
jurisdiction,
we all pay the
same amount for goods and services.
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POSTED 12-19-13
In a classic tale, Goldilocks discovered during her visit to the house of
three
that porridge can be too hot or too cold, that chairs can be too big or
beds can be too hard or too soft.
Alternatively, they can
and citizens seeking knowledge of the
U.S. Constitution
discover that books can be too
long or too short, too ponderous
they can be "just
between serious scholarship and reader accessibility in
Constititution, its amendments, and its
John R. Vile,
Preface to the Fifth Edition
A Companion to the U.S. Constitution and its Amendments
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POSTED
11-26-13
Criminal
intent is an intention to commit an illegal act. A person could
have criminal intent, but not actually
commit a crime...
Oct 25, 2013 -
wiseGEEK
Law
& Order: Criminal Intent
(TV Series 2001–2011)
BLACK'S LAW DICTIONARY - CRIMINAL INTENT
Criminal intents by itself is considered an
offense. Criminal intentions are cited when a person is perpetually or
chronically
deviating into a trouble zone by either his own thoughts or actions.
When a person is chronically pending toward crime, the
offense of disturbing the peace, threat and molestation, or even terrorism can
be cited, any of which frequent recurrence can
lead to arrest. (NOTE
ADDED 04-04-14)
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POSTED 10-03-13
Navy commander,
2 others charged in bribery scheme
Wed September 18, 2013
SAN DIEGO (AP) — A Navy commander, a
Naval criminal investigator and a defense contractor have been charged with
conspiracy in a bribery scheme to gain
millions in international port contracts, federal prosecutors said.
Leonard Francis was arrested this week in San Diego,
Cmdr. Michael Misiewicz was arrested in Colorado, and NCIS Supervisory Special
Agent John Beliveau II
was arrested in Virginia, the U.S. attorney's office said in a statement
Tuesday night. Each faces up to five years in prison if convicted of
conspiracy to commit bribery.
An email seeking comment from an NCIS spokesman wasn't
immediately returned Tuesday evening.
Francis, a Malaysian national who lives in Singapore,
is the president and CEO of Singapore-based Glenn Defense Marine Asia Ltd.,
which has had "husbanding"
contracts for Navy ships at ports worldwide for 25 years. The contracts — one
of which was worth up to $125 million — involve providing services for ships
and
submarines in port, such as providing tugboats, security and transportation,
paying customs fees, supplying food, fuel and water, and removing trash.
Prosecutors contend that Francis conspired to bribe the
other men with luxury travel, prostitutes and gifts in exchange for
information that allowed him to overcharge
on port contracts by millions of dollars.
An email message to the seeking comment was not
immediately returned Tuesday night.
Misiewicz is assigned to U.S. Northern Command at
Peterson Air Force Base in Colorado Springs, Colo. However, he previously was
deputy operations officer
for the commander of the 7th Fleet.
Documents filed in San Diego federal court contend that
in 2011, Misiewicz provided Francis with confidential ship movements and
helped arrange to have some
7th Fleet ships moved to certain Asian ports that were considered more
lucrative and where the company faced less scrutiny for potential fraud.
In one case, according to an affidavit filed by a
federal investigator, Misiewicz worked to have the aircraft carrier USS
Abraham Lincoln sent to the port in Laem
Chabang, Thailand, where during a 2012 visit the Navy was overbilled $500,000
for port services.
Prosecutors contend Beliveau provided Francis with
information about an NCIS investigation into alleged overcharging by his
company.
Associated Press
More Info:
Bribery | Felony