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Judiciary Essay Examples

Essays on Judiciary

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Felon Disenfranchisement and Justice

Disenfranchised felons ought to be reintegrated into society and recover their right to vote. Disenfranchisement is the harshest civil sanction enforced by a democratic society. Some of the issues involved with disenfranchisement consist of racism, inaccurate polls, and the huge quantity of individuals impacted. If the voice of the entire population does not consist of all sources and programs, the surveys will not be precise. In Camilli's research study, it is assumed that the enfranchisement of the population is necessary…...

Judicial Precedent - Source of Law

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…...

Importance of the Supreme Court for Judiciary

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…...

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Should Juveniles be tried as adults?

Campaign for youth justice "positioning juveniles in the adult criminal justice system is counterproductive" juvenile Crime. Ed. Louise I.Gerdes. Detroit: Greenhaven Press, 2012. Opposing view points.Rpt. from "imprisoning juveniles: the danger of incarcerating youth in adult prison in America McCrea Hannah "juveniles must Not Be Tried in Adult Court." Should juveniles be attempted as adults? Ed. Judy Layzei. San Diego: Greenhaven Press, 2005. At issue. Rpt. From" A double Standard for American juveniles." the seminal.com. 2007. Opposing Perspectives in Context.…...

Conflict Between Legislature and Judiciary

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…...

The Judiciary’s role

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…...

Justice Delayed Is Justice Denied

Justice delayed is justice denied is rightly the present scenario of India. Justice though is difficult to define,bt can be said that it varies according to situations and persons. Since we live in a deomocratic country like india where people are governed by the laws of the country , it is very important to deliver justice on time to the victims to prevent the miscarriage of justice. It is rightly called the shield of innocence and the guardian of civil…...

Values in Monte Cristo and V For Vendetta

Justice is an artificial construct that humans use to punish individuals that violate the laws a society establishes. Sometimes, the punishment that a criminal receives may not be what they actually deserve. When the punishment does not fit the crime, some individuals seek to bring an equal amount of suffering to the criminal. Mainly, the use of vengeance is personal as an individual wants to achieve retribution for a past action that negatively affects them. One such example of vengeance…...

Alternatives to Incarceration

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…...

Courtroom work group

During this paper I am going to be covering topics such as the courtroom work groups, the role of a prosecutor, the effects of the criminal justice funnel and the backlog of cases on the court system and the courtroom work group. Topics such as these are important to cover so that each individual has a complete understanding of the pros and cons of systems in the judicial system. What is a courtroom work group? “The professional courtroom actors, including…...

5 steps in a process to collect digital evidence

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.…...

Constitution's Belief of Equality Before the Law

When the of the Constitution set out to create a federal government, they ensured that a person of the basic principles highlighting the government would be the separation of powers. This separation of powers describes the many powers and functions of the federal government by dividing them into separate independent levels and branches of the federal government. The Creators believed that by creating different branches of federal government, it would help restrict the powers of the national government and prevent…...

Case1 : King v.BioChem Therapeutic Inc

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…...

Legal Process and Judiciary

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…...

Advantages of Judicial Precedent in Justice

The first advantage of judicial precedent is certainty; this means the lawyers are able to predict the outcome of the case due to Judges following the same rules and the same Ratios this is a good thing as it means Lawyers could prepare clients for the worse or the best to the best of their ability, and this could save time and money as well. Sir Rupert Cross-Doctrine of precedent has a particular emphasis on rigidity and certainty. Another advantage…...

The Federal Court System of USA

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…...

Court Observation Paper

For my observation paper, I chose to visit the Wayne County Circuit Court (Family Division), which is located at 1025 East Forest in Detroit. The date of my visit was March 6th and I was there from 8:45 a.m. until 11:30 a.m. There is a neighborhood surrounding the court, however it is also right off of I-75 and minutes from downtown, which makes it very easy to locate. When I arrived, I found parking to be very easy and I…...

Does DNA Profiling Help Justice

Does DNA profiling in its current state offer foolproof identification? What needs to be in place for it to be error-free? Should all incarcerated criminals be forced to give samples? Should convicted juveniles? Should the general public be required to give a DNA sample The pros of DNA profiling are that it can be used to quickly eliminate a suspect, saving time in searches for perpetrators. And it can provide compelling evidence to support a conviction and, most importantly, reduce…...

Mandatory Minimum Sentence

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,…...

Consitutional issue in Brandy V HREOC

The case Brandy V Human being Rights and Equal Chance Commission challenges the constitutional validity of the plan for the enforcement of Human Rights and Level Playing Field Commission (HREOC) decision under the Racial Discrimination Act 1975 (Cth). The High Court of Australia had actually decided that considering that HREOC was not constituted as a court according to Chapter III of the Constitution, and therefore was not able to exercise judicial power of commonwealth and impose any subsequent decisions. The…...

Judiciary in The Casey Anthony Trial Case

“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…...

Contractual Agreements According to Zimbabwean Law

INTRODUCTION A contract (according to Gibson 1997) is a lawful agreement made between two or more persons within the limits of their contractual capacity, with the serious intention of creating a legal obligation, communicating such intention, without vagueness, each to the other and being of the same mind as to the subject matter, to perform positive or negative acts which are possible of performance. Contracting parties through agreement, breach and operation of law can terminate contractual agreements. This paper will…...

The rule known as "The Rule in Pinnel's Case"

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…...

The Test of Remoteness in Law

The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff, once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant…...

The Purposive Approach and Interpretation of Law Courts

There are many advantages to the purposive approach. Firstly, it gives effect to Parliaments intentions and avoids injustice, so the judges can avoid obvious absurdities and injustives so enables them to comply with Parliamentary sovreignity by doing what Parliament would have wanted; even though it's ignoring the clear meaning of the words Parliament used. For example, in Coltman V Bibby Tankers when they had to interpret the word 'equipment'. Secondly, it give flexibility and can fill in the gaps, so…...

Any Kind Checks Cashed vs Talcott Court’s Decision

According to the UCC, a holder in due course is a holder who takes an instrument for value in good faith and devoid of notice of assured claims, as well as defenses on the instrument. It is imperative in the case of ‘Any Kind Checks Cashed, Inc. v. Talcott’ to determine if the holder of the instrument acted in good faith, in fair dealing as is compulsory in order to be considered the holder in due course. According to the…...

Dow’s Bid for Rohm and Haas Speech Presentation

Dow started as a manufacturer of commercial bleach in 1897, and was founded by Herbert Dow. He merged his company in 1900 with Midland Chemical, which lead to diversification of his portfolio to agricultural and food products. In 1912, Dow started to pay dividends every quarter without any reductions or interruptions. By doing so, they were the only Fortune 200 firm that established these figures. Dow became a major player in the M&a field, since they acquired between 1983 and…...

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…...

Florida vs Riley Case Study

Legal Citation: 488 U. S. 445, 109 S. Ct. 693, 102 L. Ed. 2d. 835 (1989) Procedural History: The respondent, Michael A. Riley, was charged with possession of marijuana under Florida law. The trail court granted his motion to suppress; the Court of Appeals reversed but certified the case to the Florida Supreme Court, which rejected the decision of the Court of Appeals and reinstated the trail court’s suppression order. The Supreme Court granted a writ of certiorari for Florida…...

Laws Concerning Statutory Rape

Statutory rape is defined as sexual intercourse with a minor. The laws concerning statutory rape were established because it was considered foolish to have sex or perform any sexual acts without being married. It acted as a chastity belt protecting the virtue of young women. These laws depicted men as the habitual guilty party. This is one reason that raises the question of statutory rape laws patronizing girls and discriminating against boys. Maybe it is not the laws themselves that…...

Abuse of the Executive Powers of the President

In the United States our President has many powers that are granted to him when they are elected into office. They have the ability to change the budget, to either cut back on spending, or implement new programs to help their citizens. They can veto a bill that they think is not ready to be made law yet and send it back to congress for further evaluation. They can appoint Supreme Court Justices. They also are the Commander in Chief…...

Judiciary in 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…...

Judiciary and 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…...

Intoxication as a Defense Against Criminal Liability in India

Intoxication with alcohol and drugs is commonly associated with crimes of violence. The relationship between intoxication and criminal culpability is complex especially if a mental condition legal defence is being considered. The apparent stimulating effect of alcohol is due solely to the fact that it deadens the higher control centres and progressively the other centres as well, thus weakening or removing the inhibitions that normally keep us within the bounds of civilised behaviour. The main highlight of this research paper…...

The Role of Judiciary in the Political Process

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…...

Defense Attorneys

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 Re-Denley Principle and Beneficiary Principle

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 Role of Judges in Israel

Introduction             Judges during the settlement period in Israel had the role of military leader and also the role of tribal champion. The term judge in Hebrew, shaphat, encompasses a wide range of meanings. It does not only involve arbitration as would be understood by the English meaning of the word. The judge in the Israel tribes was responsible for the defense of what was right, removal of oppressors, punishment of offenders and restoring things to their right order as…...

Efficient use if Paper Rule - Court

Every page must be consecutively numbered. Sec. 5. Copies to be Filed. Unless otherwise directed by the court, the number of court”bound papers that a party is required or desires to file shall be as follows: In the Supreme Court, one original (properly marked) and our copies, unless the case is referred to the Court En Bane, in which event, the parties shall file ten additional copies. For the En Bane, the parties need to submit only two sets of…...

Approaches to statutory interpretation by the judiciary

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,…...

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