Fundamentals of Legal Writing: Chapter 11

1. Police Police power, power, as defned by the Constuo Constuon, n, is the legislave legislave power power to make laws laws or the good and welare o the public. Although it is uite true that police power means that the state, through the !enate and Congress, may enact its own laws, the power also rests upon the need o the public. "he public, when given rise to, may opt instruct the state their needs or a new or be#er law. "hey may even oust an old one through the virtue o democracy. "his power sits upon the public or the reason o its protecon. "hus, the scope o police power changes depending upon necessity. $. %moo %moonal nal immat immatur urity ity and and respo responsi nsibil bility ity is very very much much di&ere di&erent nt rom rom psyc psychol hologi ogica call incapaci incapacity ty.. %moonal %moonal immaturity immaturity may only mean that that one is not ready or certain certain responsibilies reuired in marriage and cannot be a ground or an annulment o such. "his may only mean that one is unwilling to do certain tasks. tasks. Also, emoonal immaturity may be simply put as one taking all situaons too lightly, or even 'ust being too selfsh, while psychological incapacity is a con(ict within the cognive ability and thinking o a person making him incapable o marriage. "his may mean in the state o being a retardate, retardate, or being habitually uarrelsome and reuses to concede, or accept any wrong on his)he his)herr part. part. Psyc Psycho holog logica icall incapa incapacit city y may may be a valid valid reason reason or or an annul annulmen mentt because this means that one, or both pares, are psychologically psychologically incapable to enter into marriage thus making the reason or annulment valid. *. +nlawul +nlawul aggressio aggression, n, as defned, is an actual physic physical al assault, assault, in(icng in(icng a possible in'ury in'ury,, or at least a threat that will put ones lie or right in danger. "here must be actual and imminent physical orce or actual use o a weapon. "hereore, a mere shove or push, not ollowed by any other act cannot amount to unlawul aggression. "hus, one cannot accuse a person o unlawul aggression when there is no actual danger, or even danger that may possibly happen.