Courtroom Participants’ professional Standards Willie L Jones CJA/224 01-07-2013 University of Phoenix Abstract Prosecutorial misconduct is defined as the use of deceptive‚ illegal or reprehensible methods used by a prosecutor‚ to attempt to persuade either the court or the jury. Wrongful convictions in this country are nothing new to the criminal justice system. They are as old as the system itself‚ and they will continue to exist as long as the fallibility of human judgment continues.
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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 case-law which may
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In the 1825 case of Eakin v. Raub‚ Pennsylvania Justice John Bannister Gibson declared that the judicial branch of the government had no right to influence or control the actions of any other branch of the government. Thus‚ Justice Gibson declared the act of judicial review unconstitutional and in disagreement with the proper role of the judiciary as inherently defined by the constitution. The proper roles and powers of the judiciary branch of the government‚ as conveyed to it by the constitution
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ADMINISTRATIVE ACTIONS To fully advise John‚ it is important to note that administrative actions emanate from public authorities. Control of these public authorities relates to the method of acquisition of power exercised‚ the source of such power as well as whether or not such power ought to be exercised pursuant to a particular procedure. It is clear to note that the power in question from the facts of the case at hand is that of the Commissioner of Lands‚ an office created by statute‚ with powers prescribed
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DOCTRINE OF PRECEDENT - LAW MAKING POTENTIAL More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #1 THE JUDGES’ ROLE IN PRECEDENT The old view of the judges’ role was that they were merely ’declaring’ the existing law (the ’declaratory theory’). Lord Esher stated in Willis v Baddeley [1892] 2 QB 324: "There is ... no such thing as judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not
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6 Judicial Activism in India Chief Justice P.N. Bhagwati Last fall the Law School was honored by a visit (rom Indian Chiefjustice Praiullachand Natwarlal Bhagwati. Justice Bhagwati came as the guest of Prof Marc Galanter‚ himself an expert on Indian law and a consultant to the Indian government in the Bhopal disaster. Bhagwati is the 17th chief justice of the Indian Supreme court‚ and follows his father as a justice of that court. India Today called Bhagwati‚ ’~conscious disciple of Felix Frankfurter
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Often times we think of race and ethnicity to have the same meaning. However‚ there is a quite large difference in the two. Race usually pertains to the biological aspect‚ whereas ethnicity tends to describe the culture of an individual or a group of people. When I say that race pertains to biological differences I am talking about psychical differences. Race
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Constitutional Law 11th December‚ 2014. Assignment # 3 Question 1(a) Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled‚ in the exercise of the ‘judicial power’ of the State. The power of judicial review entails the authority to examine and decide the question of the constitutional validity of any law‚ irrespective of whether it comes from primary or subordinate legislation. Under this
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Division DEBORAH WHITE‚ ) ) Plaintiff‚ ) ) v. ) Civil Action No. 82A04-8876-CV-285 ) PATRICK GIBBS; and STAND ) ALONE PROPERTIES‚ L.L.C.‚ ) d/b/a O’MALLEY’S TAVERN‚ ) ) Defendants. ) Courtroom Observation Review of the 2008 2L Moot Court Tournament at the Liberty University School of Law INTRODUCTION This case between the plaintiff‚ Deborah White (Appellee) and the defendants‚ Patrick Gibbs; and Stand Alone Properties‚ L.L.C.‚ d/b/a
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exemplifies the protection of civil right and liberties with judicial activism. When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However‚ in times of controversy‚ where personal preference or aspects of religious or personal nature are at hand‚ the judiciary should exercise their power with finesse‚ thereby acting out judicial restraint. An example of such is in the case of Engel v.
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