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Essay on Judiciary

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Felon Disenfranchisement and Justice

They believe the felon should have to wait for years after serving his/her sentence. Sometimes this is so far out of hand that the felon would die of old age before he/she could vote again. They should be given the chance to prove they have been rehabilitated. Another argument against this unjust disenfranchisement is the felon knew the crime called for punishments, including loss of privileges. S...

Judicial Precedent - source of law

Another objection which is quite often raised against precedent is that development of law through case-law more or less depends upon chance, because there is no test available for determining the validity of law made by precedent. Sometimes erroneous decisions of S.C. create practical problems for the subordinate judges as they are bound to follow these decisions howsoever wrong or defective. Thi...

Should Juveniles be tried as adults?

I still believe that juveniles should not be tried as adults, many children as young as 13 years old have been tried as adults and sentenced to die in prison, typically without any consideration of their age or circumstances of the offense. In the article “( children in adult Prison)” “ EJL argued in the united states supreme court that death in prison sentences imposed on children are uncon...

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The Judiciary’s role

If the defendant’s sentence included probation, the defendant had to agree to the terms and conditions of their probation and the judge reviewed the rights that they were giving up to be placed on probation, including the right to own a fire arm and the defendant’s search and seizure rights. In conclusion, I found my courtroom visit to be great learning experience. More specifically after vis...

5 steps in a process to collect digital evidence

Even if the investigation does not involve a search warrant, care must be taken to operate within legal guidelines because ANY investigation may “end up as prime evidence for lawsuits in the future” (Solomon et. al, 2011, Loc 2341). The second step in identifying the evidence is to take a look around. Perform a site survey (Solomon et. al, 2011, Loc 2351). Take pictures, make notes, sketch the...

Case1 : King v.BioChem Therapeutic Inc

This may result in injury if the closure is improperly removed using a tool or some other devices. “ The judge concludes that Cott has breached the statutory warranties of acceptable quality and fitness. She also concludes that Cott committed a gross negligence. Therefore according to article 1469, the manufacturer is responsible for bodily, moral and material damages (compensatory damages): Los...

Legal Process and Judiciary

The Law Commission criticised that there is no clear means to test the existence of the characteristics of absurdity, inconsistency, or to measure their quality or extent. This became known as "Lord Wensleydale's golden rule". It only applies where the words are ambiguous. An interpretation that is not absurd is to be preferred to one that is. An example is: R v Allen7 The Law Commission (1969) no...

Advantages of Judicial Precedent in Justice

Another advantage would be Original precedents, this allows for new or original precedents to be created and this occurs when there is no previous decision on the matter or case and this therefore means an original precedent therefore makes legal provision on a matter for which there was no previously no. In Gillick V West Norfolk and Wisbech Area Health Authority the House of Lords had to decide ...

The Federal Court System of USA

In a nutshell, the U.S. federal court system is like a three- tire pyramid, with district and special courts on the bottom, courts of appeal in the middle, and the Supreme Court on top. Most legislation starts out in the lower court (if they have jurisdiction over a particular case), then that decision can be appealed to one of the 13 appellate courts, and progressively the Supreme Court. (If they...

Court Observation Paper

Still, one thing surprised me during the pre trials and that was the fact that Judge Dingell asked one of the defendants to bring in his pastor and not the other. My only explanation for this was the judge believed in family structure and the first juveniles parents were both involved in his life, however, the second juvenile only had his mother and the judge might have though the church could hel...

Does DNA Profiling Help Justice

As far as the general public goes I am stuck in the middle on this, it would be great for everyone to be in a DNA database, as it would deter crime and solve crimes much faster, but on the downside, giving that kind of information to the government without knowing for sure what they might use it for, other than criminal cases, missing persons or things in that nature, would be an invasion of priva...

Contractual Agreements According to Zimbabwean Law

In short if there is breach of contract, and the contract is not a commercial one, if such breach affects plaintiff's personal, social and family interests the courts will use their discretion in awarding damages for mental suffering should the courts think that in those particular circumstance the parties to the contract had such damages in their contemplation. In the case of Mrs D v S both parti...

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

The most important exception that was developed was of promissory estoppel that made one accountable for their promises as well as for factual statements as it expanded traditional estoppel to apply to representations of future intention as well as factual statements. The doctrine of promissory estoppel has also been accepted as valid in the Australian legal system as shown in the examples of case...

The Test of Remoteness in Law

Reasonable foreseeability is always a necessary ingredient of a negligence action as it is required to establish a duty of care and The Wagon Mound test is now established as the remoteness test for negligence. However I would not agree that it is the sole test of remoteness in the tort of negligence. As described earlier, if this was so then the 'egg-shell skull' would not apply. Although from re...

The Purposive Approach and Interpretation of Law Courts

There are also many disadvantages to the purposive approach. Firstly, it involves too much judicial law making as it allows them too much freedom as seen in Royal College of Nursing v DHSS 1981, the judges weren't interpreting the Act but 'redrafting it with a vengeance'. Secondly. it creates uncertainty as it is subjective law making and is difficult to anticipate when judges will decided to use ...

Any Kind Checks Cashed vs Talcott Court’s Decision

Any Kind should have contacted the bank the check was drawn on to verify that there was no issue with the check and not rely on experience and a FedEx cover. In order to ensure that they and preserved their status of the holder in due course status. The courts determined that Any Kind was not the holder in due course due to the manner in which they did not ensure that the check was valid before ca...

Dow’s Bid for Rohm and Haas Speech Presentation

Therefore, the ‘specific performance’ clause, as requested by Rohm and agreed upon by Dow, is binding and hereby enforced. The merger will be executed as planned. Dow will have several different options to solve the financing issue, cutting dividends, renegotiating debt and other means to generate cash could be used. If the deal is not closed before January 10, 2009, as stated in the contract,...

Florida vs Riley Case Study

The surveillance of the interior of the partially covered greenhouse in a residential backyard from a vantage point of a helicopter located 400 feet above the greenhouse does not constitutes as a ‘search’ for which a warrant is required under the Fourth Amendment and Article I, Section 12 of Florida Constitution because helicopters are not bound by the lower limits of navigable airspace allowe...

Judiciary in the Philippines

Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, or increase or modify substantive rights. Rules of procedure of special courts and quasi-judical bodies shall remain effective unless disapproved by the Supreme Court. 6. Appoint all officials and employees of the Judiciary ...

Judiciary and Stare Decisis

In addition to binding precedents, there exists persuasive precedents. These consist of judicial statements which are not binding but may be taken into account. For example, the obiter dicta from R v Howe & Bannister was followed by the House of Lords in R v Gotts [1992] 2 AC 412 Case summary which held that the defence of duress was not available to attempted murder. A form of persuasive prec...

Intoxication as a Defense Against Criminal Liability in India

The defendant said that while he intended to cause damage he did not consider that people’s lives might be in jeopardy. The House of Lords held that evidence of self-induced intoxication could not be considered where recklessness constitutes the fault element of an offence.141 Recklessness was defined as conduct which created a risk that would have been obvious to the ordinary prudent person, bu...

Defense Attorneys

However defense attorneys are very important in the criminal justice system. They work to protect the innocent from being falsely convicted, and they work to protect the constitutional rights of all defendants. When a criminal defendant cannot afford to pay for the services of a private legal attorney, the United States Supreme Court requires that a defense attorney be appointed to represent the d...

The Role of Judges in Israel

The fragmentation, both socially and religiously of the Israel nation may have affected the effectiveness of the judges in addressing the problems of the Israelite nation. As the book of Judges come to an end and in the beginning of the book of Samuel, the need for unity is emphasized as the people request for a king, who they felt would have been more effective in carrying out the responsibilitie...

Efficient use if Paper Rule - Court

In the Court of Appeals and the Sandiganbayan, one original (properly marked) and two copies with their annexes; In the Court of Tax Appeals, one original (properly marked) and two copies with annexes. On appeal to the En Bane, one original (properly marked) and eight copies with annexes; and d. In other courts, one original (properly marked) with the stated annexes attached to it. Sec. 6. Annexes...

A Inquisitorial System

Discussion as to which is better than the other almost invariably focus on one single point of each system, rather than on a balanced appraisal of the system as a whole. The effect of the merits and demerits of each system on the quality of the administration of the justice is hard to find. So in that sense it is material that which system is good and which one bad, there is not even a single pure...

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