Answer:
D.
Explanation:
An implied power can be described as those powers which does not exist in the Constitution of the United States but expressly stated due to similar powers enjoyed by the Congress.
When the framers of the Constitution were drafting the document they had in mind that the needs of people will grow with the growing nation, so in Article I they gave the Congress right to excercise the power under the 'Necessary and Proper Clause.'
So, an example of implied power from the given options would be D. Congress have right to use implied power to close post offices in rural areas on Saturdays. Therefore, option D is correct.
Answer:
A. Fails to distinguish between violent defendants and one that no longer pose a danger to society.
C. Fails to differentiate between mental illness that are temporary or lifelong conditions.
Explanation:
M'Naghten Rule is an insanity defense used by defendant's attorney to plead defendant not guilty of crime due to mental conditions suffered during the time crime committed.
M'Naghten Rule states that a defendant will be pleaded not guilty only under conditions when it will be proved that the mental condition of defendant was not right at the time when crime was committed and that he/she was not able to discern his/her actions as right or wrong.
The criticism received to the M'Naghten rule is that it fails to distinguish between defendants who pose threat to the society and those who do not pose threat any longer. Another criticism is that it fails to distinguish between mental illness that are temporary or conditions which are lifelong.
Therefore, option A and C are correct.
Answer:
Under Case Law, in each period a Court of Law can, in principle, either take a forward looking, tough, or a myopic, weak decision. Under Statute Law, all Courts are constrained to behave in the same way
Explanation:
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