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Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States, judicial discretion is one of the fundamental tenants of the system of law, and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion, although their discretion is not unlimited.…
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Probation officers should adhere to the highest ethical standards and perform their job with honesty and diligence. Probation officers carry out their duties on behalf of the court system. They are meant to function as extensions of the court and to uphold its decisions and rules. Integrity means that probation officers need to understand their positions and carry out their jobs as best they can regardless of personal feelings. Regardless of their own personal opinions, probation officers are obligated to be as unbiased as possible and to relay any pertinent information back to the courts. Their duty is to the community as a whole, as well as to the individual offenders. Probation Officers, whether on or off duty, will abide by and follow all federal, state and municipal criminal laws, as well as those laws governing the…
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Mckeever, Robert J. The United States Supreme Court: A political and Legal Analysis. New York and Manchester: Manchester University Press, 1997.…
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<html><head></head><body><p>In a nation of democratic governance, the United States has unquestionably succeeded in its own development and potency since the establishment of the Constitution. The United States was founded in hopes of having a truly free, full functioning society. In order to achieve such a goal, the framers of this country drafted the Constitution brilliantly and attentively. With the creation of the three branches, Legislative, Executive, and Judicial, the Constitution also created checks and balances, the capability for each branch to check the power of the others. To ensure the continuing proficiency of our democratic nation and "checks and balances" system, it is crucial to equalize the branches by separating, and equally distributing power among the three branches. However, before 1803, the judicial branch was lacking such said power over the legislative and executive branches. It was not until the case of Marbury v. Madison that Chief Justice Marshall justified the power of judicial review to the judiciary branch, finally obtaining equal leverage among the legislative and executive branches. With the implementation of judicial review, the U.S. Supreme Court has jurisdiction and authority to strike down law, overturn executive acts, and legally bind a public official to properly carry out constitutional duties. Indisputably, the practice of judicial review is the main power of the United States Supreme Court to date.</p>…
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As we all know that the world of the criminal is always changing and the Law enforcement community needs to change with it. The biggest one would be the courts. There are many things that face the courts today.…
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The power of judicial review was never formally delegated either by the Constitution or an Act of Congress, but arose from British common law practices the US Courts adopted as a matter of course. Chief Justice John Marshall formally claimed the right of judicial review in his opinion for the Marbury v. Madison, (1803) case. Even though when the legislative, executive, and judicial branched was set up they wanted to give each branch equal power, judicial still seems to have a little bit more than the others. Even though the power to declare laws unconstitutional is not in equal power, it needs to be done. If the Supreme Court didn't who would? Without the power to rule laws unconstitutional who knows what kind of laws would stay in effect. The Court plays an important role in our nation's systems of checks and balances. Without separation of powers and an independent judiciary within a tripartite government, the nation's citizens are at greater risk of tyranny from either or both of the other branches. The Founding Fathers recognized this danger and deliberately fashioned a system of government that, while far from perfect, comes closer to ensuring personal liberty than most other political models. Of our three branches of government - Executive, Legislative, and Judicial - the judiciary is the weakest. It has no power to create new legislation, nor does it have the means of directly enforcing its mandates. Those are two limitations written into our Constitution that prevent the Supreme Court from wielding too much power. Likewise, our system of government provides a means for preventing the President and Congress from becoming despotic, passing and enforcing laws that infringe the rights of its…
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In the early national period, the judiciary was the weakest of the three branches of government. When Chief Justice John Marshall established the principle of judicial review in MarburyMadison by declaring an act of Congress unconstitutional, he greatly strengthened the judiciary. Even though the high court exercised this prerogative only one other time prior to the Civil War (Dred Scott v. Sanford), the establishment of judicial review made the judiciary more of an equal player with the executive and legislative branches.…
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himself because he’s mad at his son for what he did but still loves him.…
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Below we lay out the minimum of information you will need to know regarding each of these grounds for JR.…
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The Mauritian Economy: 2012 Outlook Executive Summary Bracing for another storm While the Mauritian economy has been resilient thus far, the flip-flops in select Government policies have sent mixed signals to both the private sector and potential investors. Nonetheless, the economy grew at an estimated 4% in 2011 driven by a resurgent textile industry, and a strong performance by the financial sector. A year ago we had believed that the worst was behind; however, the issues surrounding the unsustainable levels of sovereign debt in Europe have now induced a localised mild recession. This will hurt demand and coupled with a weak EUR, we expect stagnation across a few sectors.…
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The judiciary branch of the United States’ government is comprised of a system of courts, on both federal and state levels, which are used to bring justice to cases between citizens of the States. The power of judicial review gives the courts the authority “to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional” (Ginsberg). It’s interesting that the branch that works to uphold the laws of the U.S. Constitution is sometimes viewed as the “least dangerous branch” of our Government. Referring to writings such as Federalist 78 (by Alexander Hamilton) and Brutus 12 (by James Madison), clears up exactly what the judiciary was set up for, why it is important to have in our Government system, and how it might affect the other branches, the executive and legislative. It is clear while reading the works that the two writers have opposing views. Therefore, it is crucial to study both works and compare their ideas to our current Judiciary to understand how our country has undergone changes within the system.…
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Chief Justice Marshal was now the new Supreme Court Judge who saw the case of Marbury. He misquoted the Constitution and the Judiciary Act of 1789 and portrayed them to be in conflict with one another? He asked this question, “Can an Act repugnant to the Constitution become the law of the land?” By asking this question he created a conflicting problem between an Act and the Constitution, meaning, to resolve the matter would lie in the hands of the Court. Chief Justice Marshal held that the section of the Judiciary Act of 1789 that gave the Supreme Court power for writs of mandamus, exceeded the power that was given under the Constitution, so therefore it was not valid and unconstitutional. All this was a way for Chief Justice Marshal to create Judicial Review, he stated the Court had the power to resolve the matter. Chief Justice Marshal was one…
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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 power, the judiciary can also question the legitimacy of an action or inaction of a person or body with relation to the exercise of a public function.…
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Identify the word or phrase that needs to be changed for the sentence to be corrected.…
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Charles Evans Hughes said, “We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our property and our liberty and our property under the Constitution”. The legal system that Belize has is the judiciary and it is an independent branch of the government. Independent from government influence so that it does protect the rights of the ‘small’ people in society (Trueman).…
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