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
Premium Common law Stare decisis Law
The Judicial System Donna Sarvis CRJ 201 – Introduction to Criminal Justice Instructor – Michael Pozesny July 29‚ 2013 The Judicial System In the United States the criminal justice system consists of three branches‚ Judicial‚ Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches‚ this paper will discuss and clarify exactly what the Judicial Branch
Free Law Judge Separation of powers
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
Free Law Judge Common law
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
Premium Alcoholic beverage
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.
Free Supreme Court of the United States United States Constitution Brown v. Board of Education
controversy of judicial review which at extreme points‚ is called judicial activism‚ is a concept new to India. Judicial review can be defined as the judiciary‚ in the exercise of its own independence‚ checking and cross checking the working of the other organs of the government‚ while trying to uphold the ideal of ‘the rule of law’. Judicial activism more reformist in character is often confused with judicial review. According to Black’s Law Dictionary‚ judicial activism is “a philosophy of judicial decision-making
Premium Law Separation of powers Judicial review
The impact of Ethnicity‚ Gender‚ Geographical Differences and Age on Individual Behavior The new era in business is facing with the globalization‚ and globalization brings diversity. Diversity is a very real aspect of the American’s culture. How does diversity impact individual behavior? According with Hung Ng (2005)‚ “humans exist not only as unique individuals‚ but also as members of social groups that are formed on the basis of ethnicity‚ gender‚ age‚ and so for.” These dual aspects of the human
Premium Gender Culture Female
1988 Judicial Crisis In 1988‚on the ground of misconduct‚ Tun Salleh Abas by then Prime Minister Dr Mahathir Mohammad was brought before a tribunal and this tribunal was chaired by Tun Hamid Omar. Due to the constitutionality of the tribunal‚ Tun Salleh Abas filed a suit in the High Court of Kuala Lumpur and while proceeding‚ interim stay against the tribunal was applied by Tun Salleh Abas until July 4‚ 1988 but the request then denied. Later‚however‚ an interlocutory order was granted to Tun
Premium Mahathir bin Mohamad
Othello of African or Arabic descent? In the famous play Othello by William Shakespeare the topic of Othello’s ethnicity is a very widely discussed topic. Most people get to the‚ in my opinion‚ erroneous conclusion that Othello was of sub-Sahara African descent (black). The opposing point of view’s position is that he was of Arabic‚ or North African descent‚ which as I will attempt to explain throughout this paper is‚ in my opinion‚ correct. The main points people who believe that he was black use
Premium Black people Sub-Saharan Africa Africa
Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter dicta The difference between binding and persuasive precedent How law reports are used What is judicial precedent? ………………………………………………………………………………………………………………………………………………………………………………………………
Premium Stare decisis Precedent Common law