Civil Rights Sample

Civil Rights

Civil Liberties, Habeas Corpus, and the War on Terror

The principle of habeas corpus has a special status in the American constitution. It is commonly referred to as the “great writ of liberty”. The writ of habeas corpus is a legal relief that is used by prisoners who are detained by state court without the due process of the law. The privileges of the writ of habeas corpus are that, in case of unlawful arrest, imprisonment or detention, the victim can apply to a federal court to have the infringement reviewed. In the aftermath of the September 11 attack, when the American government declared war on terror, these privileges were suspended to those who were termed as the “enemy combatant”. The need for national security was used to justify the suspension where the terror suspects were imprisoned without the due process of the law in a U.S. naval base at Guantanamo Bay. The war on terror created a challenging situation in the history of civil liberties in which the need for national security superseded the protection of fundamental human rights. Read More

Civil Procedure

Part 7 and Part 8 of the CPR explain how to start a claim, but the two parts have significant differences. There are claims that can only be filed and Part 7 while there are those that can only be filed under Part 8. The main difference is that while Part 7 deals with resolving issues of facts, Part 8 claim allows an applicant to ask the court to determine an answer to a question of law or give a remedy to matters where there is no substantial dispute as to the facts. As Part 8.1 subsection 2 affirms, a claimant may use Part 8 where he seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact or where the nature of the proceeding requires a party to use Part 8. Read More

Civil Procedure

Civil rights movement lobbied for racial parityin the United States of America during the late 1950s.This movement was triggered by, amongst others, the wide spread racial segregation practiced in America, especially in the South against the black Americans famously known as the Negroes.According to Cleaver (1997),the discriminations involved the prohibition of all black Americans from attending similar schools, restaurants, churches, and other social amenities with the whites.

This movement was aimed at ending the widespread racial abuse and to gunner for equal rights and opportunities for all American citizens. This was, however, a daunting task as it involved not only amending the discriminative constitution but also changing the mentality of the whites who believed that they were the “owners” of the United States.Legal attempts to curb this issue proved futile and the blacks were left with no option other than taking to the streets in bitter protest against their oppressors (Metcalf, 1968). In fact, the blacks were considered more or less like slaves to their white masters in the US. Read More