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  • R V Wilson Judges
    518 words
    Judicial Precedent Essay plan Intro Say what precedent is: Stare d ecesis et non quiet a mover e = Stand by what has been decided and do not unsettle the established. Which means a decision made in one case is binding on all following cases of similar fact in lower courts. Then say: there are 3 main principles involved. (1) Ratio Decidendi = the reasoning behind the judges decision. This is the binding element of a judgement / case (2) Reliable system of law reporting: there are thousands of cas...
  • Principle Of Independent Judiciary
    925 words
    Independence of Judiciary in Australia a) How is the independence of the judiciary guaranteed in Australia While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine tha...
  • Judges As Agents Of The Law
    1,505 words
    Judges exercise judicial power. They play an integral role in the judicial process, as they apply the law and in some cases create the law. While doing this they must take consideration of current political, social, moral and economic considerations and adhere to a certain consensus of society. The role of the judge is taken for granted by many people who view their role as an administrative one. Judges, especially those of the Supreme and High Courts are under extreme pressure and do not just d...
  • Case 1 The
    601 words
    On March 1, 2005, I went to the 3rd District Matheson Court House in the down town area and sat in on a few small claims court cases. I wanted to do this because I had never been to an actual court proceeding and I have been interested in seeing one live instead of on television. I am going to write about the three different cases that I sat in on, what the conflict was, what the outcome was and what I learned from each one. CASE #1 The Plaintiff's name in this first case was Watt. His case was ...
  • Individual Punishment For Every Case
    470 words
    How should guilty people be punished? Thousands of crimes are committed throughout the year; robbery, fraud, rape etc... The people who commit these crimes and are caught are sent to jail. The only thing is, Every person who committed a crime had a different reason for doing it. That is why the Court exists, to judge each case differently. There should be an individual punishment for every case, because every case is different, and the "criminals" have different motives. I would like to give exa...
  • Favorable To Their Side Of The Case
    640 words
    The aim of the legal profession is to seek out the truth and provide justice for those who were wronged. Lawyers represent clients who are on opposite sides of the case, and who most often have opposite views of the truth. In the legal system there exist two opposing views on the method of uncovering the truth. Many people do not think that these two systems can coincide and believe that they remain separate in their procedure and efficacy. The truth system is one which asserts that a methodical...
  • Case The Court
    3,484 words
    Section 1 The resources of our court system are finite and for this a potential plaintiff must satisfy a number of requirements. Before an individual can argue their case before a judge he must show standing. He must show that he has personally had his rights violated, and further that he has sustained some kind of loss. If the victim has a legitimate complaint the matter must be resolved by a judge, or a jury of his peers. Through fact-finding the issues at stake are converted into hard legal q...
  • Julius And Ethel Rosenberg
    2,215 words
    The Rosenberg trial, which ended in a double execution in 1953, was one of the century's most controversial trials. It was sometimes referred to as, 'the best publicized spy hunt of all times' as it came to the public eye in the time of atom-spy hysteria. Husband and wife, Julius and Ethel Rosenberg were charged with conspiracy to commit espionage. Most of the controversy surrounding this case came from mass speculation that there were influences being reinforced by behind-the-scenes pressure, m...
  • Case To South Carolina
    540 words
    Legal Environment of Business "Separate but Equal" summary It is hard in this time and age to be able to imagine a world of segregation of a people or a color, but that it happened in the time of our fathers is more amazing. There were many factors that lent themselves to the Supreme Court case involving segregation. Probably one of the more key factors that aided NAACP, was the appointment of a new Chief Justice. He was the governor of California at the time and was appointed by Eisenhower, but...
  • Judge Dees Actions
    798 words
    The character of Judge Dee is largely molded by the ideas of his time. During his reign, the philosophies of Legalism, Confucianism, and Taoism, were heavily relied upon for the basis of ethics within the common people and magistrates alike. Judge Dees persona is derived directly from the strictest teachings of these philosophies. As the revered district magistrate of Chang-ping province, his conduct was expected to serve as a model for the citizens. This expectation demanded he act accordingly,...
  • Precedents And Laws
    426 words
    With the accelerating pace of social and circumstances alteration, the adaptation and flexibility of laws, which deeply affect each citizen, are essential and necessary. If laws are too rigid and fixed, the spirits of laws may not fit the situation as time goes on. In a spacious country, like America, it is impossible to use a sole set of laws in the whole territory because the customs and the history in each state may not be the same. So, proper separation of the legislative and executive power...
  • Poor Funding Of Many Other States
    1,371 words
    Criminal Entrapment is the creating of a situation by the police and encouraging an individual to commit a crime that he wouldn't have otherwise done. Suspected Criminals often use this defense when somehow the police have been involved in the crime they have committed. However, it is imperative that in order to be released under this circumstance that one must prove that if not provoked by the police. In the example case, United States vs. Russell, it is easily determined that this does not cla...
  • Judge's Political Ideology Like Their Behavioral Characteristics
    1,590 words
    When the first amendments to the constitution were constructed, they were developed to ensure certain civil liberties to every person in the United States. These civil liberties included freedom of speech, freedom of religion, freedom from unlawful search and seizure, and many more (O'Connor, 150). One of the most controversial amendments to the constitution is freedom from cruel and unusual punishment. This is because it is very difficult to define cruel and unusual in terms of sentencing a cri...
  • Opinion Of Keen J
    1,033 words
    Compare and contrast the judgements of Handy J. and Keen J. in the Case of the Speluncean Explorers. Whose conception of the role of the judge in appellate cases is most persuasive? This case presents contrasting representations of the relationship between law and justice. The judges involved in this case struggle to determine a significant difference. I aim to establish which judgements of Handy J. and Keen J. is the most persuasive. Firstly I shall start with Truepenny, C.J. who made a valid r...

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