Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as ratio
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Compare and contrast the role and function of judges‚ lawyers and lay people in the English legal system. Judges: When judges decide points of law in cases‚ they sometimes have to decide a new point. This also allows them to ‘make law’. Decisions by judges over the years have created the tort of negligence. This is the law that allows you to claim compensation when you have been injured by another person’s negligence. In the criminal law‚ judges have sometimes created new offenses. An important
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References: to the various Judges. Petty Sessions Court- Your Worship Resident Magistrate’s Court-Your Honour Supreme Court and above –Your Lordship/Ladyship Legal Officers (a) The Attorney-General Section 79(1) of the Constitution of Jamaica provides that “there shall be an Attorney
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Court History and Purpose Court History and Purpose Within the United States‚ the court system is the last stop in our judiciary system because it renders decision that can and will affect the lives of the citizens. This article will explain the role of the court and its purpose‚ identify the dual court system‚ illustrate the role that early legal codes‚ the common law‚ and precedent played in the development of courts‚ and also recognize the role of courts in criminal justice today. What is
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precedent means that judges declare what the existing law is. However many people think that judges actually make law‚ especially in the High Court of Australia. Write an essay of 1000 words stating whether you believe judges should make law and mention some arguments for and some arguments against this idea. I am of the opinion that judges in Australian courts should make law‚ within specified boundaries. Through the doctrine of precedent‚ the decisions that judges make in cases before
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(Ingram‚ 2009). Therefore‚ in federal criminal cases‚ the right to a trial by jury does require twelve jurors. However‚ under special circumstances‚ twelve jurors are not always required to make a decision. These special circumstances are granted by the judge that is assigned to the case and he or she can decide whether or not fewer than twelve jurors are appropriate for a given situation. That being said‚ there are some instances in which fewer than twelve jurors are needed to make a decision. For example
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functions of judges‚ lawyers and lay people in the English legal courts. Judges There are two types of judges‚ superior judges and inferior judges in the UK. The superior judges are entitled to work in the higher courts such as‚ the court of Appeal‚ and the House of Lords. Whereas‚ inferior judges work in the lower courts in the hierarchy such as crown courts and supreme courts. Superior judges are called district judges and inferior judges are called circuit judges. District judges are full-time
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The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. The system is not liked by everybody because of the way it selects our judges. When comparing it to other states outside of Texas‚ it is different in many ways. For years many citizens and government officials have fought to reform the system. Many have failed‚ been rejected and have given up‚ while others take rejection has a reason to fight harder and fix the Judicial system. The Texas Judicial system is
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The question must be asked firstly‚ not what if the establishment of the Caribbean Court of Justice is a sound move but what exactly is the Caribbean Court of Justice. As many perceive the CCJ as it is commonly referred to‚ would be a replacement to the previous Privy Council; which was and still is in some Caribbean states the last court of appeal. The Privy Council is considered to be one of the oldest institutions of government. “It has many roles which include giving advice on the exercise of
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There are many functions of any court system. The primary function of the criminal courts in society is to help keep domestic peace. Criminal court is one of the major components of the criminal justice system. When an arrest is made it is the judge and prosecutor who are in charge of deciding what punishment will be sufficient as well as if it is necessary to take the case to trial (Steven Barkan‚ Law and Society: An Introduction‚ 279-280. Pearson Education‚ Inc. 2009). If everything works as
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