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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EXPEDITING THE DISPOSAL OF CASES CHAPTER I INTRODUCTION Justice delayed is justice denied but with the lapse of time attitude of people has been changed and now any delay in the disposition of justice is regarded as injustice to persons seeking justice before the court of law. For a country the size of ours and with its multicultural identity‚ the justice delivery system also faces challenges to keep up with efficiency required to deliver justice without any pendency. In order to tackle the problem
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there is one topic where people are innocent until proven guilty. It is an actual presumption where the judge and jury assume they are innocent until they show otherwise. That is why a defendant can remain silent‚ “plead the fifth‚” or propose evidence to his or her assumption of innocence. In another defense case of a criminal charge is when the prosecutor demonstrates the jury or the judge that there is no reasonable doubt of the defendant’s guilty. When reasonable doubt is at hand‚ then the
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1st National Law & Governance Essay Competition Judicial Accountability Bill – Needs “Power tends to corrupt a man‚ and absolute power corrupts man absolutely.” -Lord Acton In India Government has basically three organs with itself that is the Legislative‚ Executive and Judiciary at its both State and the Centre level and there is a separation of power among the three which means the functions of the Government bodies
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stare decisis’ (stand by what has been decided). Precedent can either be declaratory precedent or original precedent. When a case is brought before a Court‚ the facts of the case has to be established by the court. After the facts are established‚ the judges will formulate and apply the relevant legal principle (the law) and reach their conclusion and decision. In accordance to doctrine this principle may form a guide for future cases. It can either be binding or persuasive. The general is‚ were the subsequent
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