what the judges say it is”. (Hughes) Judicial activism and judicial restraint are the philosophy and the reason behind the majority of judicial decisions. Most people are often confused over the true meaning and their proper applications. The theory of judgment that takes into account the spirit of laws and the changing times is referred to as judicial activism‚ and judicial restraint looks at strict interpretation of the law and the importance of legal precedent. To figure out whether a judge or court
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THE PROBLEMS FACING THE NIGERIA JUDICIARY SYSTEM THE JUDICIAL SYSTEM IN NIGERIA Nigeria operates a federal political structure under the Constitution of the Federal Republic of Nigeria‚ 1999. The Federation consists of 36 (thirty six) States and a Federal Capital Territory. This constitution vests the legislative‚ executive and judicial powers of the Federal Republic of Nigeria in the National Assembly‚ the Executive and the courts established there under respectively. The powers of the States are
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THE INNOCENT MAN: MURDER AND INJUSTICE IN A SMALL TOWN‚ by John Grisham. New York: Doubleday‚ 2006. 368pp. Hardcover. $28.95. ISBN: 9780385517232. Reviewed by Jack E. Call‚ Department of Criminal Justice‚ Radford University. Email: jcall [at] RADFORD.EDU. John Grisham’s legal novels are well-known to avid readers of that literary genre. THE INNOCENT MAN is Grisham’s first (and so far only) venture into non-fiction. It tells the story of Ron Williamson‚ an Oklahoma boy with great promise
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delivered by Justice T.S.Sivagnanam at Tamil Nadu State Judicial Academy on 01.06.2009 to the newly recruited Civil Judges (JR Division) during Induction Programme 2009 All of you who have assembled here have been newly Inducted in to the Judicial Family. There lies an onerous responsibility on each one of you to carry forward your office with dignity and decorum. The post of Civil Judge Junior Division is the foundation of our Judicial Structure. It is common knowledge that unless the foundation is
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accident and he only wanted to scare her by convincing her that he was going to kill himself. However‚ he was charged with murder. The jury was directed by the judge to acquit the defendant if there was reasonable doubt in their mine and they were directed to convict if they had no doubt if the defendant had killed intentionally. The judge directed the jury correctly but however‚ the jury was unable to agree on it. However‚ in the trial‚ the jury was wrongly directed when it was told that
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Abbreviations 1. AAIFR - Appellate Authority for Industrial and Financial Reconstruction 2. BIFR- Board for Industrial and Financial Reconstruction 3. CLB – Company Law Board 4. NCLT – National Company Law Tribunal 5. NCALT – National Company Law Appellate Tribunal 6. SICA - Sick Industrial Companies (Special Provisions) Act‚ 1985 Table of Cases 1. RDF Power Projects Ltd v. M. Muralikrishna‚ (2005) 124 Comp Cas 184 (AP) 2. Union of India v. R. Gandhi
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system is the court. The court system includes prosecution and defense lawyers‚ judges and juries. These individuals have the responsibility to make sure criminals are provided with fair trials. Judges have to hear the cases and make sure that all laws are followed while the cases are being tried. Then‚ assess all that has been said and come up with a verdict. There are cases where they are only tried in front of a judge only. In other cases‚ a jury of 12 citizens who have been chosen to determine
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are two types of trials a bench trial also known as a court trail and a jury trial. NYS procedural law 260.10‚ states that every criminal depending on the crime must be trialed with 12 randomly selected jurors. The bench trial is another term for a judge trial without the jurors. The bench trial is conducted in this fashion; both parties present their evidence or make their opening statement. After the plaintiff finishes presenting his evidence‚ the defendant presents
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inappropriate to give the Crown conflicting bits of advice. Today 13 independent state will send their final appeal to the PC Caribbean administration system had no say in the composition of the judges or their tenure or the role of procedure of the court. CCJ • Justice Malachlins stated in an article “ If the judges who comprise a nation final court are entirely detached from an intimate understanding of that nations realities there will always be present a risk‚ a danger of a disconnect between the jurisprudence
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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