Business Law 563

Business Law 563

The plaintiff is Jane Roe (Normal McCorvey). The defendant is Dallas County District Attorney, Henry Wade, representing the State of Texas. The controversy was about some pro-life supporters who argue that all nine justices in Roe failed to adequately recognize that life begins at fertilization (also referred to as conception) and should therefore be protected by the constitution. The dissenting justices in Roe instead wrote that decision about abortion should be left with the people and to the political processes the people have devised to govern their affairs. The pro-life supporters argue that in the absence of knowledge of when life begins, it is best to avoid the risk of doing harm. The court issued its decision on January 22, 1973 with a 7 to 2 majority vote in favor of McCorvey. The Roe’s court deemed abortion a fundamental right under the United States constitution, thereby subjecting all laws attempting to restrict it to the standard of strict scrutiny. The court determined that “argument that Texas either has no valid interest at all in regulating the abortion decision, or no interest strong enough to support any limitation upon the woman’s sole determination, are unpersuasive.” And declared,” we therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified and must be considered against important State interest in regulation.” Row and Wade case was decided primarily on the ninth Amendment to the United States constitution, as a part of the Bill Of Rights. The court’s decision in this case was that the Ninth Amendment in stating that “the enumeration of the constitution of certain rights, shall not be construed to deny or disparage others retained by the people, “protected a person’s right of privacy The civil law deal with the dispute between individuals, organizations, or between the two, in which compensation is awarded to the victim (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. In a civil law, the defendant is never incarcerated and never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior whereas, in a criminal law, a guilty defendant is punished by either incarceration in a jail or fine paid to the government, or in exceptional cases, the death penalty. In a civil law, the burden of proof is initially on the plaintiff and the switches to the defendants. In a criminal law, burden of proofs is always on the State or government. The case file is by private party while in criminal law, is by the government.

The case in law is a part of common law, consisting of judgment given by higher courts in interpreting the statutory or the provision of a constitution applicable in cases brought before them. Called the precedents, they are binding on all courts to be followed as the law in similar cases. Overtime, these precedents are recognized, affirmed and enforced by the subsequent court’s decisions, thus continually expanding the common law. Equity is a branch of law, founded on what might be described as motion of justice and fair dealings that seek to supply a remedy when no adequate remedy at law is available.