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                                                                                                                                                                                                                                                                                  POSTED 03-23-14

                                                                                                                                                                                                                                         

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

What are State Laws ?

 

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 bears 
                                                                                          that porridge can be too hot or too cold, that chairs can be too big or too small, and that 
                                                                                          beds can be too hard or too soft.  Alternatively, they can be "just right."  So too, students 
                                                                                          and citizens seeking knowledge of the U.S. Constitution
discover that books can be too
                                                                                          long or too short, too ponderous
or too breezy, too ideological or too lifeless. Contrariwise,
                                                                                          they can be "just right".  I have designed this book to fit into the "just right" category.  To
                                                                                         
switch to an Aristotelian analogy,  I have tried in this book to strike a
"golden mean"
                                                                                          between serious scholarship and reader accessibility in
describing and explaining the U.S.
                                                                                          Constititution, its amendments, and its
interpretations ..    

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

(Note: The above article publicly reports a national bribery case example and does not typify professionally-held positions such as special investigators, CEOs, or Navymen).

 

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