Judiciary - Free Essay Examples and Topic Ideas

In the historic United States Supreme Court case, Marbury Vs. Madison, the principle of judicial review was established. Judicial review is the power of the federal courts to declare legislative and executive acts as unconstitutional (Ford, Bardes, Schmidt, Shelley, 2018). This means that in the United States, the federal court system has the power to abolish laws, statutes, and other government actions that violate the United States Constitution. In the history of judicial review, this case is by far the…

Do you know what it means to be a United States Citizen? Do you know the United States branches of government and their responsibilities? What about our rights and responsibilities as citizens of the United States ourselves? How do they play a role in helping us be an informed United States citizen? Well, becoming an informed United States of America citizen is important. When becoming a knowledgeable citizen it can assist you when it’s time for you to vote. It…

Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided. In practice, this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law. It is desirable that similar cases should be decided in a similar…

An inquisitorial system is defined as a legal system where the court or a part of the court is pro-actively involved in ascertaining the facts of the case. The inquisitorial system mainly applies to questions of criminal procedure as opposed to questions of substantive law; that is, it measures how criminal enquiries and trials are conducted, not the kind of crimes for which one can be prosecuted, nor the sentences that they carry. It is already used in many, but…

Legal Journal Week of September 24 Coming into this course on a Monday Evening, I truly did not know what to expect. I did not know to whether I should prepare to read case files. Or if we would have to plan to take a vast amount of tests to test us on the information. All I knew was that I was hoping to go deep, deep into the law, how it affects our daily lives, and how I can…

The problem set is approaches to statutory interpretation by the judiciary. In theory, parliament is the supreme law-making authority in the land. However, it is up to judiciary to interpret laws and as such they can often modify a law beyond what was originally intended, therefore setting a precedent and arguably “making” a law. Statutory interpretation concerns the role of judges when trying to apply an Act of Parliament to an actual case. Language used in statues can cause problems,…

A trust is created by a settlor or a grantor, transferring property to a trustee to hold in trust for stipulated purposes and may be created inter vivos or on death by will[1]. This implies that a trust is formed when a person transfers a property or rights to another person who holds it for a third party. There are many reasons why trusts are created. The most common reason is where the intended beneficiary of a right is not…

The executive branch is headed by the President, who is elected by a direct vote of the people. The term of office of the President, as well as the Vice-President, is six (6) years. As head of the Executive Department, the President is the Chief Executive. He represents the government as a whole and sees to it that all laws are enforced by the officials and employees of his department. He has control over the executive department, bureaus and offices.…

When Thomas Jefferson assumed the presidency in March of 1801, he brought with him a set of well-defined Democratic-Republican principles. These principles included advocating for a strict interpretation of the Constitution, promoting a limited central government with strong state governments, and upholding a clear separation of powers. However, as his presidency unfolded, Jefferson's actions demonstrated a departure from his original ideals. This essay explores how Thomas Jefferson contradicted his prior Democratic-Republican views by embracing a loose interpretation of the Constitution,…

Judicial activism continues to attract a heated debate in many parts of the world. Judicial activism can in general terms be defined as judge legislating on the bench. Judicial activism is a situation where the presiding judge or jury issues a judgment on a case based on his or her political or personal thoughts. The judgment may also be based on pressures that emanate outside the constitution. Judicial activism therefore occurs when the court of law fails to abide by…

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…

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…

The structure of criminal courts is divided into lower criminal courts, such as the local courts, Children’s court, and Coroner’s court, and higher criminal courts, like the District Court and the Supreme Court. Observing proceedings at the Local, District, and Supreme Courts for three days revealed various aspects of the criminal justice system. The administration, processes, and practices of criminal trials differ significantly depending on the level of the criminal court being observed. Observing the operations of both courts highlighted…

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…

Introduction: One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U. S. A. and also in the constitution of Bangladesh. Now a day’s rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of…

“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…

Famm states that mandatory minimum sentences are imposed when laws restrict judges' discretion. Those convicted of specific crimes must serve a set amount of time in prison, determined by the type of offense. Amanda Dollak, who earned her criminal justice degree from CTU, explains that mandatory sentencing guarantees equal punishment for similar crimes, regardless of a judge's opinions. These laws differ by state and can be found in other countries as well. California implemented the "3 strikes you're out" policy…

The U.S. has a dual court structure. To be exact, we have a federal judiciary system and the systems that are operated by each of the states. This dual court structure is a unique feature of the American judicial system. Although most cases are tried in state courts, the federal court is playing a larger and larger role in finding resolutions to disputes. Partly, this is because congress in recent years has enacted a range of new laws that grant…

In law, the Golden rule, or British rule, is a form of statutory construction traditionally applied by English courts. The other two are the “plain meaning rule” (also known as the “literal rule”) and the “mischief rule.” The golden rule allows a judge to depart from a word's normal meaning in order to avoid an absurd result1. The term “golden rule” seems to have originated in the 1854 case of Mattison v. Hart as per Chief Justice Jervis’ propounding and…

INTRO To a great degree, the Supreme Court of India finds its strength in Article 21 of the Constitution, for the factor that much of its judicial activism has been based upon translating the scope of this Post. Majority of the PIL cases have actually been submitted under this Article only. The Supreme Court is now called an activist court. There has actually been no change in the words used in Short article 21, but there has actually been a…

Introduction Davenport S. & Parker D.’s statement (as above) explores the concept of the ‘separation of powers’ doctrine and how this is embedded within the ‘Commonwealth Constitution’. It also states that Australia is a ‘constitutional democracy’. To address the meaning of this statement it is important to separate the statement into individual questions. What is a constitutional democracy? What is the doctrine of separation of powers? And lastly, what are the three parts that make up the separation of powers…

The Judiciary’s role is to give everyone fair access to the courts to solve legal problems fairly and efficiently, decide justly the guilt or innocence of anyone charged with a crime, and interpret the laws and protect the rights and liberties guaranteed by the Constitutions of California and the United States. Criminal court is where you go when the state believes you have committed a crime and it files charges against you. The Criminal Court has jurisdiction over infraction, misdemeanor…

Introduction to Judicial Precedent Judicial Precedent, as an independent source of law, plays a pivotal role in shaping legal principles when statutory legislation is absent. Its significance extends beyond mere legal interpretation, becoming a foundational element in legal systems worldwide. Salmond's delineation of the doctrine into loose and strict senses provides a nuanced understanding of how precedents operate in legal discourse. The concept, therefore, transcends a mere reference point and transforms into a binding authority that guides and shapes legal…

Power tends to corrupt, and outright power damages absolutely! (Lord Acton, 1834-1902). This phrase appropriately demonstrates the factor for the separation of powers, which is implied to avoid abuse of power in a democracy and maintain each and every resident's rights through the division of federal government obligations into unique branches, preventing one branch from gaining absolute power or abusing the power they are provided. The intent is to prevent the concentration of power and offer checks and balances. Though…