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Judge Essay Topics & Paper Examples

Judicial Affidavit Rule: Three Reforms to Speed Up Justice

To speed up the delivery of justice, three significant reforms were instituted recently: (1) the “Judicial Affidavit Rule,” (2) the filling up of all judicial vacancies, and (3) the stabilization of judicial compensation. Judicial affidavit. To ease case congestion and minimize delays in the trial courts, the Supreme Court promulgated on Sept. 4 (to take effect on Jan. 1, 2013) the Judicial Affidavit Rule. Under this new system sponsored by two high court committees headed by Justices Antonio T. Carpio and Roberto A. Abad, witnesses will no longer be examined via tedious and lengthy questions and answers to procure their direct testimonies. Instead, the parties shall submit affidavits in a language known to the witness, accompanied by their translation in…

Roles and functions of judges

Judges There are two types of judges, superior judges and inferior judges in the UK. The superior judges are entitled to work in the higher courts such as, the court of Appeal, and the House of Lords. Whereas, inferior judges work in the lower courts in the hierarchy such as crown courts and supreme courts. Superior judges are called district judges and inferior judges are called circuit judges. District judges are full-time judges who deal with the majority of cases in the county courts. These judges are appointed by the queen and mainly deal with claims and other matters within the court. However, Circuit judges are appointed to one of seven regions of England and Wales, and sit in the…

Cruzan v. Missouri

Twenty-five years old, Nancy Cruzan, was in an automobile accident on January 11, 1983. She was driving an old car, which lacked seat belts. Massive injuries resulted in her falling into an unconscious state, unresponsive to outside stimulation. Doctors estimated that Nancy’s brain had been without oxygen for at least fourteen minutes before she was found. A person who goes without oxygen for more than six minutes suffers brain damage that is beyond repair. She was placed on life-support equipment and was fed intravenously. After emerging from a three-week long coma, Nancy remained in a “persistent vegetative state,” a condition in which an unconscious person displays motor reflexes but exhibits no indications of significant cognitive function. After nine years, when…

How to Become a Lawyer

Career Description: * Criminal lawyers have the same basic duties as other lawyers. * First, they advise their clients of their legal rights and responsibilities, as well as any potential problems. * Second, they represent their clients before the courts. Third, they research rules, regulations, and previous cases. * Finally, they prepare legal documents. In each case, lawyers interpret the law and apply it to specific situations. In the courtroom, criminal lawyers act on one of two “sides:” the defence or the prosecution. * Defence attorneys represent people who have been charged with criminal offences (for example, murder or theft) by making a case that supports their clients’ innocence. * On the other hand, prosecuting attorneys—usually called Crown attorneys or…

Judicial Activism

Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL), citizens are getting access to justice. Judiciary has become the centre of controversy, in the recent past, on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic rights of the poor and vulnerable sections of society, by pro¬gressive interpretation and positive action. The Supreme Court has developed new methods of dispens¬ing justice to the masses through the public interest litigation. Former Chief Justice PN. Bhagwat, under whose leadership…

Indonesian Civil Procedure

a.Executive Summary Indonesian is not the signatory of the Haque Convention. Indonesian Civil Procedure guidance is based on two regulations, which were adopted from the Dutch Colonial system, which are Herziene Inlandsch Reglement (HIR) and Rechtsreglement voor de Buitengewesten (RBg.). Furthermore, based on the Temporary Law to the Emergency Condition Law No. 1 of 1951 on the provisional considerations state that to those two regulations remained in force up to the new regulations in relation to the Civil Procedure Process will be issued in purpose of ensuring uniformity in the administration, competency and procedure of the civil courts. However, in relation to the matters of obtaining the evidences and the subjects that are parts of the Civil Case, the Burgerlijk…

Criminal Investigations & Criminal Evidence

Why is non-verbal communication important when testifying before a jury, and what suggestions do you have for helping a testifying officer make a positive impression on a jury? Jurors are selected by the judge, prosecution and the defending attorney. The judge will provide the list of potential jurors to both the prosecution and the defending attorney for the selection process to participate in the trial case. For either the prosecutor or the defending attorney jury selecting a jury is normally very similar in its process. The selection of the jurors is completed after the trial initiation and the arraignment and plea. The Sixth Amendment provides the any American citizen the right to an impartial jury (Hess Orthmann & Hess, 2013)….

Former Transmile directors sentenced to jail and fined

The Kuala Lumpur Sessions Court today found two former independent directors of Transmile Group Berhad guilty under section 122B(b)(bb) of the Securities Industry Act 1983, for having authorized the furnishing of a misleading statement to Bursa Malaysia in Transmile’s ‘Quarterly Report on Unaudited Consolidated Results for the Financial Year Ended 31 December 2006’. The misleading statement was with respect to the unaudited revenue figures which were reported to the stock exchange for both the 4th quarter of 2006 as well as the cumulative period for 2006. The directors, Jimmy Chin Kim Feung and Shukri Sheikh Abdul Tawab, were at the material time, in February 2007, members of the Audit Committee (AC) of Transmile and members of Transmile’s Board of Directors….

Should the Juvenile Court Be Abolished

I. Introduction The purpose of this paper will be to examine the juvenile court system and whether or not abolishing it is the practical thing to do. To start off with, I will give a brief history of what the juvenile court system consist of and what it was designed to do. Next I will go into both sides of the debate to determine whether or not to abolish the juvenile court system. We will first take a look at the two concepts of the juvenile court system. There is the welfare model in which you help the children, and then there is the due process model in which the children have rights. There are also some issues about how…

Courtroom Workgroup

Prosecuting those who commit crimes is very important to the overall wellbeing of society and the citizens within society. Prosecuting and convicting criminals not only prevents them from committing another crime, it also serves as a deterrent to others that may be considering breaking the law. Many courts make up the judicial branch and these courts are responsible for applying laws made by the government. The courts are made up of courtroom workgroups that are the basis of the courts proceedings. The courtroom workgroup consists of the participants that work for the court. The workgroup is composed of the judge, prosecuting attorneys, defense attorneys, public defenders, and others that work for the court, such as the clerk and the court…

Levels of Judiciary

The Judiciary body in India functions independently from the Executive and Legislative bodies in the country. The Judiciary plays a major role in the maintenance of law and order in India. There are various levels of Judiciary bodies that play a key role in ensuring smooth functioning of the judicial system in India. Levels of Judiciary As per decreasing order of importance, the different levels of Judiciary bodies that operate in India have been listed below. * The Supreme Court of India * The High Courts * The District Courts * Lok Adalats The Judiciary system followed in India is a replica of the British Legal System. Over the years, very few modifications have been made to the Indian judicial…

Stare decisis

The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case, that law must be applied in all future cases containing the same material facts. For example in the case of Donoghue v Stevenson[1932] AC 562, (Case summary). The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Austalian Knitting Mills [1936] AC 85 (Case summary). Also in Shaw v DPP [1962] AC 220 (Case summary) the House of Lords held that a crime of conspiracy to corrupt public morals…

Judicial Department of the Philippines

The judicial power shall be vested in one Supreme Court and such in lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Meaning of Judicial Power JUDICIAL POWER is the power to apply the laws to contests or disputes concerning legally recognized rights or duties between the Sate and private persons, or between individual litigants in cases properly brought before the judicial tribunals. Scope of Judicial Power…

The role discretion plays in the sentencing

Assess the role discretion plays in the sentencing and punishment of offenders. Sentencing and punishment has actively involved the discretion of judges and magistrates in affecting the decision of the sentencing. Discretion involves the power of Judges and magistrates to determine the most appropriate sentence for a case. Allowing judicial officers to decide sentences on a case by case basis and thus permitting them to take into account the various circumstances. Many factors influence the role discretion plays or alternatively doesn’t play in the sentencing and punishment of offenders. This includes statutory guidelines, mandatory sentencing, aggravating and mitigating circumstances and the use of victim impact statements. In terms of Statutory guidelines a number of acts inform the exercise of Judicial…

Jury Advantages Disadvantages And Reforms

In 1956 Lord Devlin professed that juries are ‘the lamp that shows that freedom lives’. Evaluate the accuracy of this statement with regard to the advantages and disadvantages of trial by jury, the alternatives available and any reforms that have been introduced or recommended. You are to produce an essay as follows Critically evaluate pros and cons the arguments for and against trial by jury Discuss any reforms that have been proposed or introduced and evaluate these reforms pros and cons This essay will evaluate the argument for and against the jury system, discuss and evaluate proposed or recent reforms to the jury system in England and Wales. Finally, it will consider the alternatives to the current jury system. For…

Court Report

The basic division in the structure of criminal courts is between the lower criminal courts – the local courts, Children’s court and Coroner’s court – and the higher criminal courts – the District Court and the Supreme Court. In observing proceedings at the Local, District and Supreme Courts over a period of three days a number of aspects of the criminal justice system were made apparent. The administration, processes and practices of the criminal trial are extremely varied dependent upon the level of criminal court being observed. The distinctions between the workings of the two courts revealed a number of the differences between summary proceedings and trial upon indictment. The cases observed served to provide evidence for the “two tiers…

Ethical Scrapbook

The ethical scrapbook part two coincides with further evaluations in regard to 12 contemporary examples of different situations, and circumstances. With these 12 contemporary examples, in which further discusses each team member’s evaluation, and opinions of each example. These examples include: Police Acts of Kindness, People reaching out after hurricane Sandy, Daughter display of Kindness, Acts of Vigilantism, Community Revenge, Diana, the Hunter of Bus Drivers, Women Demand Respect, Salt March, Flying Pickets, and Sit-ins. In addition, these examples also include Poll tax Non-Payment, Professionals committing crimes, in which Kenneth Lay, along with Stuart Greenberg, and James Traficant who represents individuals who has the role of professionals committing such crimes. With these 12 contemporary examples, each team member’s goal is…

The Advantages And Disadvantages Of The Doctrine Of Precedent

Discuss the advantages and disadvantages of the doctrine of precedent. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. Top of Form Bottom of Form Discuss the advantages and disadvantages of the doctrine of precedent. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. A fundamental principle upon which the doctrine of judicial precedent rests, is that a hierarchy of courts is needed if it is to operate. The concept…

Court History and Purpose

Abstract “The court represents the collective conscience of society, serving as an instrument for expressing the revulsion people feel for those who commit particularly heinous crimes” (Siegal, Schmalleger, & Worrall, 2011). This paper will discuss the history of court and its purpose. It will also define the dual court system. It will describe the role that early legal codes, the common law, and precedent played in the development of courts. It will identify the role of courts in present criminal justice. The Purpose of Court The purpose for court is simply to find guilt or innocence in someone who has been charged of a crime or to settle disputes in civil matters. Such matters must have the legal authority of…

Indian Judiciary System

In a political system based on constitutional Government , the functions of rule making, rule enforcement and rule interpretation are separated into the three institutions of the legislature, the executive and the judiciary. A judiciary that is independent of and acting as a check on arbitrary exercise of legislative and executive power is an essential feature of a constitutional itself means. In a federal system, the judiciary also serves as a tribunal for the final determination of disputes between the union and its constituent units. Given the tremendous importance of the role and functions of the Supreme Court & High Courts, various measures have been adopted to ensure the independence of the judiciary. The judiciary in India is paradoxical institution….

Independence of the judiciary in Australia

To understand the expression ‘the independence of the judiciary’ you first must understand what is meant my judiciary. The judicature is: The judicial power of the commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a chief justice and so many other justices, not less than two, as the Parliament describes. Using this definition contained in the Australian Constitution, the expression ‘the independence of the judiciary’ to my understanding refers only to independence in making decisions in court cases. It means that in making such…

Capstone Case Brief

People in the United States commit crimes and make up excuses why they should not be held accountable for a crime. Insanity and temporary Insanity have significant differences. One might ask themselves is there really any meaningful difference? During the history of our court system there has been many significant court decisions which address the controversy topics of insanity and temporary insanity as it relates to criminal procedures. One of the most significant court decision is Miller Vs State Supreme Court of Nevada, 1996 991 P.2d 1183. FactsOn May 8, 1993, hearing a commotion, Officer Maria Jordan went to an upstairs neighbors apartment; when John K. Miller opened the door she noticed bloodstains on Millers clothes. Officers responded to the…

The Adversarial System

The system of criminal procedure primarily utilized in the United States is the adversarial system. The term adversary is easily interpreted to mean opposition. Our present criminal procedure pits two sides against each other to present their respective evidence and issues surrounding a criminal act. This paper will address the adversarial system and its expressed use in criminal court proceedings in the United States. Among the questions this paper will take into consideration are: Is the adversarial system the best way to achieve justice in the criminal courts of the United States; what those limitations are; how those limitations deliver justice; alternatives to the adversarial system; and the advantages or disadvantages of those alternatives. Achieving Justice When confronted with the…

“12 Angry Men” by Reginald Rose

When reading the play “12 angry men”, is it hard to ignore the prominent character- ‘the 8th Juror’. As the plot unfolds, the reader notices that Juror #8 is the only one among the 12 who really understands the seriousness of the situation at their hands. At the very beginning of the play, you can see that there is no sympathy towards the boy accused of murder. And why should it be? All the evidence that was brought up in the court room has crushed the defense and the boy’s chances on the trial. The prosecution made it clear that the boy is guilty. In fact, too clear- The defense was helpless and left many holes in their case. That’s…

The Casey Anthony Trial

“According to some experts, mothers who kill their children are not as rare as we’d like to think. While exact numbers of children killed by their mothers is hard to pinpoint, some estimate it happens every few days in this country, at least 100 times a year”(2). Casey Anthony, the 25-year old mother of two-year old Caylee Anthony, sat in court for the past two-and-a-half months on trial for the murder of her daughter. Casey was arrested in 2008 for the murder of her young daughter, putting her in the national spotlight. When the evidence from both the prosecution and the defense ended, the jurors went away to discuss and vote on a verdict. Ten to eleven hours later, the…

Ring V. Arizona Case Brief

Facts of the case: On November 28, 1994, The body of an armored van driver was found dead inside the vehicle. Also, there was more than $800,000 missing from the van leading police to believe that this was a robbery and homicide case. There were no witnesses to the crime except a local bystander who stated that two vehicles, a van and a red truck were speeding down the road earlier that day and had neglected to stop at the intersection where there is a stop sign posted. Based on a tip, police were able to locate the red pickup truck and it’s owner, Timothy Ring. Police then listened to Timothy Ring’s phone conversations and quickly learned that he was…

Twelve Angry Men – Prejudice

1950s America saw the nation fall into a period of national tension and idealogical turmoil following the McCarthy Trials and the Cold War, which produced a flourish of works such as Regnald Rose’s ‘Twelve Angry Men. ’ Using a jury of twelve anonymous men, the play scrutinizes both the strengths and flaws of the American judicial system. The case of a fictional “delinquent” who faces capitol punishment under charges of patricide acts as a vehicle to examine the moral dilemma of prejudice and judgement, and its importance, underpinning American jury rooms in a time of profound social division. Through his structuring and characterizations, Rose does not merely attack the system, but contends is functionality stems from the very individuals within…

The adversary system of trial

Explain why the adversary system of trial is the best system for achieving justice in criminal trials? The adversary system of trial is the best system for achieving justice in criminal trials for a number of different reasons. The use of a jury, the standard of evidence relied upon and the standard of proof, the cross-examining of witnesses and the ability to plead guilty, contribute greatly to reaching justice in the adversary system. They are all reasons which help the adversary system in accomplishing fairness in criminal trials. The adversary system is a feature of the common law system and was brought to Australia with England. It has adapted to the Australian legal system. It is a system of trial…

Rule of Law and what are its benefits and defects

INTRODUCTION There has been debate over the Rule of Law suggesting a separation between the rules by law and rules made by mere power of a ruler. In the days of Aristotle and Plato, there was a clear distinction between rules and rule by mere power. These distinctions will be discussed below, detailing the benefits and defects of both types of rules. More recently, the Rule of Law encompasses both rules (mainly Statutes) and judiciary-made rules. Statutes are necessary to limit judges’ ultra vires but at same time, judiciary precedents are needed to ‘complete loopholes’ within these general statutes. As seen throughout the discussion, notwithstanding defects/benefits statutes and judiciary-made rules have, both are incident to the Rule of Law. Greek…

Sources of Irish Law

Constitution The 1937 Constitution, containing 50 articles, is the cornerstone of the Irish legal system. It lays down the rules that govern interactions between organs of the state and between the state and the individual. The legal system is based on common law tradition. It may be invoked by individuals to challenge the constitutionality of laws passed by the Oireachtas. Under the terms of Article 6 of the Constitution, sovereignty is vested in the Irish people. However the State is separately sovereign in terms of its stance on international law. The State (Ireland) is answerable before the courts for breaches of an individual’s constitutional/legal rights. The Constitution may only be amended by a referendum (Article 46). Once passed by the…