Binding Precedent The English Legal System is hierarchical whereby the decision of a higher court binds lower courts. The doctrine of binding precedent‚ stare decisis‚ (stand by things decided) is at the core of the legal system. The Superior Court is at the top of the legal pyramid and its decisions bind all lower courts‚ except on civil cases involving European law where the European Court of Justice is the court of last resort. Below the Superior Court‚ we have the Court of Appeal‚ and it is
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Judicial legislation: Practically‚ every enacted law on a probing analysis reveals certain gaps which the judiciary is expected to fill up by way of interpretation. This is popularly known as “Judicial Legislation”. Such filling up is however expected to be done in consonance and conformity with the constitutional dictates and confined to the extent permitted by the Constitution which distinguishes it from being branded as an instance of “Judicial overreach” Do Judges make law? The traditional
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1. Explain the structure of the federal judicial system. What are the responsibilities of each part of the system? The federal judicial system can be said to be federal courts with limited jurisdiction. This means that they are only allowed to hear cases that have been authorized by the United States Constitution or the federal statutes. The federal judicial system has 3 levels of the federal court system. This is the U.S Supreme Court‚ the U.S Courts of Appeals and the U.S. District Courts.
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Quoting paraphrasing and summarizing Christine Libby Communication 2/156 5/5/2013 Diana Marquez Bryant‚ Charles W. "Metro Business; 2 Cartilage Concerns Settle Federal Suit." The New York Times‚ July 12‚ 2000. "Putting the bite on cancer." elasmo-research.org‚ 2008. http://www.elasmo-research.org/education/topics/p_bite_on_cancer
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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
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Washington established precedents that would shape and define the future of the Executive Branch. His precedents defined the role of government and the image the people had of the presidency. In this essay I will discuss four precedents that I believe to be the most important and influential to the presidency of America. The first precedent I believe to be important is the organization of the Executive Branch. Washington relied on the advice of the department heads. This set the precedent of including the
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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
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rhythm. In 1893‚ Joplin played in sporting areas adjacent to the Colombian Exposition in Chicago‚ and the following year moved to Sedalia‚ Missouri. From there‚ he toured with his eight-member Texas Medley Quartette as far east as Syracuse‚ New York. One of his first compositions‚ The Great Crush Collision‚ was inspired by a spectacular railroad locomotive crash staged near Waco‚ Texas in September of 1896 (see Crash at Crush). In the late 1890s‚ Joplin worked at the Maple Leaf Club in Sedalia‚ which
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by my own country‚ but I can imagine how angry it would make me. I can in a way identify with the more radical approaches to the civil rights movement. Being traded as if you don’t matter is and incredible infuriating thought‚ that would surely make one want to lash out. But I was surprised to learn that there was much more to the Party then that. I had absolutely no idea that they provided the poor with free meals‚ and weren’t all about the violence that I was taught in school. Things aren’t always
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Marry‚ Queen of Scots Do you know the story about the queen of scots who suddenly become a prisoner of England? Maybe some of you dont know yet about this story‚ maybe you can take a look at google or other site. This book raised the real story that summarized information based on events that occurred both in Scotland‚ England‚ Spain‚ and France. This story begins in 1561 when Scotland was still a free country. The main character this true story is Marry. She was Queen of France‚ but she was also
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