Judiciary Essay Examples

Judiciary

The Doctrine of Judicial Precedent
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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…...
A Inquisitorial System
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Pages • 8
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…...
Judiciary vs Corporate World
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Lifting the corporate veil often presents the judiciary with extremely hard choices as to where the loss as a whole should lie. Moreover, the courts have a hard decision when it comes to treating the company as a separate legal entity on one side of the coin, but maintaining justice and ensuring accountability on the other. In this way, and through the use of case law to strengthen this discussion, over time the judiciary have swung from strictly applying the…...
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Approaches to statutory interpretation by the judiciary
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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,…...
The Re-Denley Principle and Beneficiary Principle
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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…...
Defense Attorneys
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Discuss the role of defense attorney’s in the courtroom workgroup. A defense attorney is a lawyer who provides legal representation for a person who has been arrested and charged for breaking the law or when an individual been served with a lawsuit. For example, when another individual filing the lawsuit goes after money for damages or justifiable relief of some sort. A very small portion of lawyers actually discuss that they work as criminal defense attorneys. This is because of…...
The Role of Judiciary in the Political Process
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All democracies comprise of three main organs of governance namely the executive, legislative and the judiciary. The political procedures of any democracy are operant through the executive and the legislature with the judiciary playing the role of a referee. The constitution of America extremely plainly defines the role of the Political executive-- the President, the legal functions of the Congress and the judicial roles of the courts. Given that the right operation of the constitution requires adherence to law, participation…...
Judicial activism
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Pages • 9
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…...
Judiciary and Stare Decisis
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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…...
Judiciary in the Philippines
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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…...
Court Report
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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…...
Indian Judiciary System
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Pages • 10
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…...
The rule known as “The Rule in Pinnel’s Case”
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Synopsis: This essay examines the rule knows as The Rule in Pinnel's Case and how it impacted upon the doctrine of consideration. It also examines the problems arising from the Rule in Pinnel's Case, the subsequent exceptions that were developed to circumvent the rule and in detail the most important exception of them; Promissory estoppel and how it solved the problem's arising from the Rule. The distinction between traditional estoppel and this new type of estoppel 'Promissory Estoppel' are also…...
Judiciary in The Casey Anthony Trial Case
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“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…...
Mandatory Minimum Sentence
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A mandatory minimum sentence occurs when judicial discretions are limited by law (Famm). Those who are convicted of certain crimes must be punished with at least the minimum number of years depending on the offense. Amanda Dollak who received her criminal justice degree at CTU, states “Mandatory sentences require every individual to receive the same punishment for similar offenses, regardless of how much a judge may object to the sentence”. These mandatory sentencing laws however vary from state to state,…...
The Legislative Process
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This a 18 page paper including references. The paper is about the legislative process of law making from the grassroots of the formulation of a bill to the intricate forms of getting the bill formed into legislation in the United States governement. 3 main questions of the essay: How and what is a bill/legislation? What are the possible steps that could be taken to create legislation in the United States government? And what are the meanings of log-rolling, implicit and…...
The Federal Court System of USA
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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…...
Legal Process and Judiciary
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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…...
Case1 : King v.BioChem Therapeutic Inc
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Fact: Dr King is hired by Bio Chem. She signed a special contract that specifies a period of probation. During this period, she can be let go but you have to be known the wrong behavior in order to be able to rectify it. If the wrong behavior persists then your contract will be terminated. Issue: Is the termination of the contract of Dr King for fault justified? Ratio Employer version of facts: 1st meeting: after 5 months and a…...
5 steps in a process to collect digital evidence
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Some important steps in the process of collecting digital evidence from the time you are called to assist and the time when you have to testify are: identifying evidence, collecting evidence, preserving evidence, analyzing evidence and presenting evidence (Solomon et. al, 2011, Loc 2332). One of the first steps in identifying evidence is understanding the purpose of the investigation. This knowledge will help you to decide what evidence you will need based on the type of case you’re participating in.…...
Alternatives to Incarceration
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In today’s economy keeping people in prison is becoming an ugly, expensive mess. There are now so many alternatives to incarceration that we need to explore and start using. Johnny Cash wrote a song called “Folsom Prison Blues” describing the angst of inmates, permanently immortalizing them in the publics minds. However, now that prisons across the country are running out of resources and space, it is the prison officials who are feeling the blues. There are a number of alternatives…...
The Judiciary’s role
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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…...
Conflict Between Legislature and Judiciary
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The Legislature and the Judiciary: Conflicts The article “The Courts and the legislature in India” by Phiroze K. Irani talks about the conflict between the Judiciary and the Legislature, the two of the three pillars of India. The problem between the two bodies dates back to the commencement of the constitution, within one and a half year, the legislature amended the constitution so that certain important judicial decisions could not come into effect. Phiroze K. Irani proposes to deal with…...
Importance of the Supreme Court for Judiciary
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The role of the supreme court in protecting the rights and liberties of US citizens The power of judicial review has allowed the Supreme Court to protect civil liberties within America. Its involvement in civil rights issues have ranged from racial issues, to the rights of those accused and the reapportionment of electoral districts. in 1954, the Supreme Court stated that racially segregated schools were a violation of the equal protection clause of the 14th Amendment. in 1966, the Supreme…...
Judicial Precedent – Source of Law
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Pages • 5
Judicial Precedent is another important source of law, it is an independent source of law, where there are no legislations on the particular point in statute Books, and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous, growing source of law. According to Salmond, the doctrine of precedent has two meanings, namely (1) in a loose sense precedent includes merely reported…...
Do We Have True Separation of Powers in Trinidad and Tobago?
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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…...
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