"Judge" Essays and Research Papers


This was followed in Knuller v DPP [1973] AC 435 (Case summary). In order for the doctrine of judicial precedent to work, it is necessary to be able to determine what a point of law is. In the course of delivering a judgment, the judge will set out their reasons for reaching a decision. The reasons which are necessary for them to reach their decision amount to the ratio decidendi of the case. The ratio decidendi forms the legal principle which is a binding precedent meaning it must...

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You Are the Judge

You Are the Judge Paper 1 The case being analyzed is Case Example A. Legal Issues: the legal issues presented in Case A basically involve two topics: the difference between law and ethics and the application of the employment laws. Even though an at-will employee can be discharged by an employer for any reason and the termination could be legitimate, it may be unethical to discharge Elaine because ethics inspire individuals to do more than what law requires. Consequently, such legal questions...

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A research about the role of a judge

The Role of the Judge Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. We have what is known as an adversarial system of justice - legal cases are contests between opposing sides, which ensures that evidence and legal arguments will be fully and forcefully presented. The judge, however, remains above the fray, providing...

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Do Judges Make Laws?

Parliamentary sovereignty is the key stone in the British Constitution. If judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation, refer to British Railway Board v Pickin . The objective of judges is to not make law but simply declare what the law had always been. Acts of Parliament are the highest form of authority and the courts hands are tied by it. But through the doctrine of precedent...

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Do Judge Make Laws?

the parliament, which is the “judge-made law”. Is there such thing as a judge-made law? What is a judge-made law? A judge-made law is when a judge applies or extends an established rule to new facts, or decides that the particular rule do not take effect on certain situations, thus, making a change in the law. However, when it comes to this, it does not mean that the judges have the power to change the law, nor make new laws. All these laws “made” by the judges are inferior to the parliament...

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Judges and judiciary UK

 Judges and the Judiciary Identify and explain the 5 key roles of Judges Explain the Rule of Law Assess the extent to which judges are independent and neutral. The role of Judges: They do not just interpret and apply the law. They do wider activities that branch into other parts of government. Preside over court proceedings: ensure a fair trial act like a referee/umpire makes sure the rules of the court are followed by both sides act as a source of knowledge - giving advice to juries...

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Hamilton County Judges

#3 Case Problem: Hamilton County Judges Three major court systems in Hamilton County were reviewed in depth, and case information from the Common Pleas, Domestic Relations, and Municipal Courts were reviewed. This study compiles information from 38 Judges who had a total of 182,908 cases presented to them over a three year period. This study shows the number of cases that were disposed, appealed, and reversed. This study is to aid in determining which judges have a greater proficiency trying cases...

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Apointment of Judges (Uk)

of lawyers; solicitor and barrister,after a certain amount of years of experience if you want to you can apply to become a judge, if accepted you start from the bottom of the heirachy system and eventually as you gain more years of experience you get higher in the ranking. Keywords: UK, solicitors, barristers, judiciary, prosecutors, high court, superior and inferior judges, bar examinations. In this project we will look at how the two types of lawyers in the uk are appointed what kinds of legal...

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Do judges make law?

real argument about it: judges make law. The declaratory theory is more or less nonsense.” Student Number: 120448995 Candidate Number: 150573 Historically there are lots of arguments by the philosophers and the critics that judges make law or not. Actually judges are meant only to interpret the law. This can be seen that somehow they are making law but the question arises whether this is lawful or not. Declaratory theory is ignored by various ways. Judges make law by stating that...

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The Legal Establishment in Murmuring Judges

Discuss the presentation of the legal establishment in Act One Scene 2 and elsewhere in the play In the play “Murmuring Judges” by David Hare, the legal establishment is generally portrayed in a negative light. One negative attitude displayed by the barristers is a lack of understanding about the life of the general population. This is reflected by Sir Peter stating that everyone listens to “Desert Island Disks” (a Radio 4 broadcast) when they sit down for “Sunday luncheon”. The fact that Peter...

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Benefits of a Liberal Arts Degree in Appellate Court Judges

Benefits of a Liberal Arts Education in Appellate Court Judges Appellate Court judges are the final stop for most of the federal cases in the United States. They hear cases which come from large areas or regions, often encompassing a large number of cultural variances. Rather than hold trials, appellate court judges review decisions of trial courts for errors of law. Court of appeals decisions, unlike those of the lower federal courts, establish binding precedents. Other federal courts...

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The judge is always right. What court system is better: adversarial or inquisitorial? It is, indeed, a very good question. Most of the countries in the world use inquisitorial court system; Others, USA for example, use adversarial system. Both are great but personally I think that inquisitorial court system is better. It over goes the adversarial court system because it actually relies on true facts and witnesses rather than victims words and lawyers. As stated above the court system in the...

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Hamilton County Judges Case

Sarah J. Barnett Mr. W. Gissy Econ 2300/05 February 22, 2005 Case Study 1 – Hamilton County Judges 1. Based on the information provided in the Hamilton County Judges’ case study, the probability of cases being appealed and reversed in the three different courts are: a. For the total cases disposed in the Common Pleas Court there is a 0.1129 probability of a case being appealed and reversed. b. For the total cases disposed in the Domestic Relations Court there is a 0.1604 probability of a case being...

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Do Judges Have a Creative Role in the Process of Adjudication? Discuss the Role of Judges and How the Exercise of Judicial Powers May, at Times, Come Into Conflict with the Powers of the Legislature in the Common Law

Introduction Judges do create law in the process of adjudication, especially when there are no precedent, competing precedents, or ambiguous law, Such judicial creativity, however, leads to a potential conflict between the judiciary and the legislature, since judicial law-making overlaps with the legislature’s function to enact law. To strike a balance between these two branches, self-restraint among judges is crucial. Whenever judicial law-making is unavoidable, it must be done subject to strict...

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The Question of Admissibility of Edvidence Belongs to the Judge; Those of Its Weight, Credibility, Sufficiency Belong to the Jury.

Name: ​ EbunOluwa Oyesina Matric No: ​ 144636 Course: ​Law of Evidence Assignment: ​The question of admissibility of evidence belongs to the judge; those of its weight, credibility, sufficiency belong to the jury. Discuss Date: ​​​29th May, 2012 The law of evidence is the basic kernel that underpins the administration of the civil and criminal laws of any common law country when it comes to fair and...

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Introduction to Law - Blw16

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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Chapter 4 and 5 Book Questions

legitimacy and prestige to generate support By allowing the 3 rules listed above many investigations with militant behavior were often abused. 2. Explain the authors attention to the racial composition of grand jury's in Los Angeles as selected by the judges, what is the assertion he is leading to and why is this significant to the East LA 13 case? 1. The assertion being made by the author in that the grand jury were nothing more than close friends or acquaintances, therefore it lacked the a diversity...

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Judge Dee

Was Judge Dee A Good Magistrate? Living in the time of the Tang dynasty (618-906 AD), Dee Jen-djieh came from a long line of prefects and high-ranking government officials. He studied calligraphy, painting, poetry and Confucianism. He took the civil service exams and was placed as the district magistrate of Chang-Ping where he became a judge. Throughout the book, Judge Dee takes on many complex cases and with his education in Confucian beliefs is able to catch each criminal and provide justice...

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Court Visit

Across Judge Richard M. Goul, there was a table for the prosecutors, at this rape case trial there was a total of three prosecutors. At a separate table sat the defendant and his public defendant. Next to the defendant sat the bailiff. The bailiff was the one who would bring in and out each of the defendants form the holding stalls when it was time for the judge to hear their case. To the right of Judge Richard, sat the Clerk of Court, who before each of the trials would give the judge a folder...

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Justice Delayed Is Justice Denied

conscionable campaign of the judges by the judges for the judges". One of the suggestions and effective measures for the disposal of pending cases is to increase the judge-strength when the case docket becomes over loaded and the increase in judge-strength must be at an appropriate time so that the increased strength can cope up with the overloaded cases. To put an end to the huge pendency of cases at all levels it is desirable to appoint more judges, adhoc judges and retired judges and also drafting senior...

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american court system

reasons adjudication and oversight. These functions are both very important to the safety of the public, and smooth operation of the court system. If either one of the functions were not present the court system could not operate effectively. The judges and prosecutors must decide what laws should be applied, how there are applied, and what to do when they find incorrect information or incorrect use of power. Early Legal Codes Code of Hammurabi is an early formal written legal code. This...

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Judicial Creativity

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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Law M1

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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Judiciary of Bangladesh

Appellate division 2) High Court division. Judges of Appellate division and High Court: Chief justice and the judges appointed to the appellate division sit only at appellate division and judges appointed to High court division sit only in the high court division. [Article 94(3)] Appointment of chief justice and other judges of Supreme Court The chief justice and other judges are appointed by the president. ...

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Article Review

Anders Criminal Justice 500 November 30, 2014 Honorable Scott W. Naus Instructor Abstract Judges are the most prestigious members of the court system, but they are faced with challenges that reflect upon there ethics, and faithfulness to the people they serve. Often judges make careless misstates and forget that they are appointed or voted in by the public. Therefore some judges have been removed from the bench due to their behavior that includes, sexual allegations, taking cash, making...

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Criminal trial Pocess

within 24 hours of arrest. At this appearance, the charges are read and the judge makes sure the defendant understands his/her rights. Judge makes sure the defendant has an attorney if he/she qualifies for legal assistance. The judge also sets the date for the next step, the preliminary hearing at this time. Judge sets bail, if no bail amount was named in arrest warrant. If the case is a domestic violence one, judge will order no contact order. 3. Preliminary Hearing. Felony cases begin with...

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Judicial Accountability Needs

Supreme powers by the legislature to which has further lead to the non-accountability of the judiciary to anyone. Judiciary in India enjoys judicial independence but this independence at times, results in the misuse of the powers and privileges by the Judges. That is why, the concept of Judicial Accountability is in question these days and various Conferences and discussions are taking place all over the world so as to find whether the Judiciary can be held accountable for its actions or not. The word...

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law independence of the judiciary

Independence Independence from whom and what? It is vitally important in a democracy that individual judges and the judiciary as a whole are impartial and independent of all external pressures and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with the law. When carrying out their judicial function they must be free of any improper influence. Such influence could come from any number of sources...

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Judicial Activism

Bhopal disaster. Bhagwati is the 17th chief justice of the Indian Supreme court, and follows his father as a justice of that court. India Today called Bhagwati, '~conscious disciple of Felix Frankfurter, Learned Hand and the whole galaxy of activist judges who helped fight color bar and segregation laws in the US. during the 30's." In this article, adapted (rom a speech he gave while here, Justice Bhagwati discusses his concept of judicial activism, with its implications for this country as well as...

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Adversary vs. Civil Law

However, each system has a very different path to justice. The adversarial system implies that two parties assume opposite positions in debating the guilt or innocence of an individual. In this scenario, the judge is required to be neutral at the contest unfolding before him or her. The role of the judge in this arrangement is to ensure the trial proceeds according to the procedural rules of trial or due process of law and that evidence entered is done so accordingly. The basis of this approach in criminal...

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USA Legis System

have exclusive jurisdiction over the vast majority of cases. Parties have a right to trial by jury in all criminal and most civil cases. A jury usually consists of a panel of 12 citizens who hear the evidence and apply the law stated by the judge to reach a decision based on the facts as the jury has determined them from the evidence at trial. However, most legal disputes in the United States are resolved before a case reaches a jury. They are resolved by legal motion or settlement, not by...

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Ring V. Arizona Case Brief

that time, a judge alone was required to determine the presence or absence of aggravating factors for imposition of the death penalty. During the sentencing phase, the judge heard testimony from one of Ring's accomplices who placed all the blame on Ring. He said that Ring had not only planned out the robbery, but he was also the one who had shot the driver of the armored van. The judge then found beyond a reasonable doubt the aggravating factor needed to sentence Ring to death. The judge found that...

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Essay on State and Federal Court of Usa

difference. The Quality or Expertise of the Judge. For years it was commonly understood (rightly or wrongly) that the judges on the federal bench were generally superior to the state judges. Without trying to take sides on that issue I will observe that some federal statutes require actions to be brought in federal court (such as for violations of the federal antitrust laws or for copyright infringement), and it is to be expected that federal judges with experience of this type will have a more...

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The Stranger

reasoning can occur in the courtroom when people are put on trial and the judge and the jury must delve into the life of the accused and determine if he is a hazard to society. Occasionally, the judge and jury are too concerned with the accused’s past that they become too biased and give an unfair conviction and sentencing. In his novel, The Stranger, Albert Camus uses the courtroom as a symbol to represent society that judges the main character, Meursalt, unfairly to illustrate how society forms opinions...

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Indian Legal System

for the enforcement of fundamental rights. Supreme Court of India situated at New Delhi. The Supreme Court consists of a Chief Justice and 25 puisne judges. The judges of the Supreme Court are appointed by the President in consultation with the Chief Justice of India. The senior-most puisne judge is normally appointed the Chief Justice of India. A judge of the Supreme Court holds office until he attains the age of 65 years. He could be removed earlier by impeachment before both the Houses of Parliament...

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court observation

anything too interesting. During the recess I had some time to take in what was going on around me. The judge was not in the court room. I assumed he was probably in his chambers going over information from the trial that called for the recess to begin with. The prosecutor and the defense attorney were both present in the courtroom, occasionally talking to one another while they waited for the judge to return. The defendant was in the room as well, sitting next to his lawyer waiting for things to resume...

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French Judicial System

system. Meaning their decisions are not controlled by the executive and legislative branches. The French judicial system is divided into the judicial order (private law) and administrative orders (public laws) of court. The judicial order of courts judges both civil and criminal cases. Civil law deals with cases concerning private individuals such as a dispute over property lines. When solving disputes using civil law, only plaintiffs receive damages rather than fines or sentences of imprisonment....

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The Emphasis on Diversity in the Judiciary Is Unnecessary. the Culture of Any Judiciary Is by Nature Conservative and There Is No Evidence That an Unrepresentative Judiciary Would or Do Come to Different Decisions Than

Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. We have what is known as an adversarial system of justice - legal cases are contests between opposing sides, which ensures that evidence and legal arguments will be fully and forcefully presented. The judge, however, remains above the fray, providing an independent and impartial...

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Jurisprudence- Critical Discussion of the Speluncean Explorers

As a presiding judge in the case of the Speluncean Explorers, my verdict will strongly relate to judge Keen’s opinion. I find the defendants guilty for the murder of Roger Whetmore. The statute states that “whoever shall wilfully take the life of another shall be punished by death”. As a positivist, the law is unambiguous and direct. Firstly what is positivism? According to positivism, there is nothing intrinsically moral about the law. A law enacted by a legislature can be evil and immoral; there...

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Chapter 3 Case Study Hamilton County

and second judge of the Domestic Relations Court were very consistent in terms of probability of appeal and probability of reversal. The third and fourth judges ranked the same all the way across the board. All of the judges had many cases but overall I think that the Common Pleas Court is the court that makes the most mistakes. I think this because they basically had the same amount of cases as the other courts did but had many more appeals. i. INTRODUCTION Hamilton County judges try thousands...

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Court Appearance

in the court room waiting for the judge and prosecutor to arrive and begin court. At the beginning of the court session, the Judge gave an opening statement explaining court procedures, the defendants' rights and such penalties that may unveil. As each case is called, the Judge will individually advise each Defendant of his or her rights. A case may be postponed to permit the Defendant to hire a lawyer. If the Defendant wishes to go ahead without a lawyer, the Judge will ask for his or her plea. If...

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Judiciary Exam Question

These are: Security of Tenure; Sub Judice; Independent Appointments and the Background of senior judges. In paragraph 3 of the source the reference to the appointment of judges is guaranteeing independence as judges are appointed ‘independently’ of government. There is a specific ‘Judicial Appointments Commission; which is politically independent. In the case of Supreme Courts and Appeal Courts; judges are appointed by a specific committee comprising senior members of those courts and representatives...

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What Are The Functions Of The Judiciary

 Judiciary is a branch of the country's government that is responsible for the administration of legal proceedings with the judicial powers vested in them. The systems of court consist of independent judges where there are no external or political influence regarding its decisions. Judiciary will function through the administration and interpretation of laws for its cases with the doctrine of precendents where lower courts in the same hierarchy are bounded within the prescribed limits by prior decisions...

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British Judiciary

Secondly, we will examine the education system before and after the 20th century. Here, we will look at changes, if any, that have been made to accommodate more of a diverse make up of judges. Lastly, we will look into discrimination, and if this plays any factor in the current judiciary. Picture in your mind, a judge in court. Almost everyone will have a similar image; an older gentleman, most likely middle class in a flowing gown and a white wig upon his head. This stereotype seems to be almost ingrained...

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Legal Procedures

Probable Cause- reason to believe someone has committed a specific crime based on evidence 5. Stare Decisis’ (precedents)- requires the judge to recognize earlier similar decisions before making the final ruling ( judge made laws are precedents) 6. Search Warrant- any police entry of an individual’s home always requires a warrant issued by a judge that authorizes law enforcement to conduct the search. 7. Jurisdiction- the geographical location and venue, structure of court system and...

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The Supreme Court of Bangladesh

executive branch, and is able to rule against the government in politically controversial cases. The Chief Justice of Bangladesh and other judges of the Supreme Court are appointed by the President of Bangladesh with prior mandatory consultation with the Prime Minister.[5] The entry point to the sit of judges in the High Court Division is the post of Additional Judge who is appointed from among the practicing Advocates of the Supreme Court Bar Association and from the judicial service under the provision...

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Article Review

for campaign support in his upcoming election, and the man proceeding to agree that while he had no intention of becoming involved with the judges’ campaign, that he supports it. After stating that Mr. Smith has been present in his courtroom a number of times, the judge then asks for Mr. Smith’s financial support for his ongoing campaign to be elected as judge, which Mr. Smith reluctantly agrees to. Jefferson uses this as a prime example of how power and finances both play influential roles within...

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Presumption of Innocence

presumption of innocence with the aim of protecting the defendant, based on the notion that many people are not guilty. This principle requires the judge to start by believing that the prosecution cannot prove its accusations. The principle means that: the accuser has the entire yoke of substantiation; the accused does not need to prove anything and the judge or jury should not get any negative conclusions from the accusations made by the prosecution against the defendant. All these presumptions known...

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Murder Essay

hard for a judge to discriminate between different types of killings but will have the same sentence no matter if it’s an act of mercy killings when your partner is suffering an illness where there’s no hope that they will survive and the partner decides to switch the machine off, however they will receive the same punishment as say the Yorkshire ripper (Sutcliffe). A trial judge cannot even tell the difference between the different kinds of murder when imposing the sentence. Judges should be allowed...

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Content Guide

was not made in the majority opinion. Chapter 18, Section 4 (5 Points) Fill in the appropriate information in the chart below. |Court |Number of Judges |Term of Judges |Types of Cases | | |16 judges appointed by the |15 year term |Damages again the feral | |US Court of Federal Claims |president and approved by senate| ...

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ESSAY TILE: 1) “Judge made-law” STUDENT NUMBER: 111173370 CANDIDATE NUMBER: 151403 For long it has been the received opinion that judges filled in the gaps left by rules by using their discretion. Positivistic jurisprudence from Austin to Hart placed strong emphasis on the part played by judges in the exercise of their discretion. “In these cases it is clear,” Hart said,” that the rule-making authority must...

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Court Visit

COURT VISIT Date of court visit: 25 October 2010. Court name: Snaresbrook Crown court. Courtroom visited: court 1. Judge: T. Lamb QC. (Queen’s Counsel) Name of case viewed: Trial part heard; Remo Rossi. (Rape of a juvenile family member). Representation: V.Girling QC (Instructed by L.Lewis solicitors) for the defendant. G.Reece QC (Instructed by the Crown Prosecution Service) for the Crown. On Monday the 25th of October 2010, I attended Snaresbrook Crown court at court 1 which was hearing...

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Roles in the Courtroom

brought to justice and it’s done all within one hour. Then there are civil court shows like Judge Judy and Judge Mathis, where you can see what actually happens in a court of law when someone is sued. All in all, when you watch these shows you never get the full effect of the roles each person in a courtroom plays to bring a person to justice. Some roles are more important than others, but people like Bailiffs, Judges or even Jurors all share an amount of responsibility in making sure that justice is served...

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Introduction to Criminal Justice Cja204

is a prosecutor, a judge and a suspect who are formally known as the defendant. The prosecutor is an officer selected by the government, to prosecute all offenses. The prosecutor introduces the allegations against the defendant that is suspected to be guilty. However, if the prosecutor’s facts are not satisfactory or accurate he or she will drop the charges; releasing the defendant. The arraignment first appearance of the defendant before the court is the trial process. The judge, who is the facilitator...

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Term of Contract

exceeding RM10,000 and/or whipping up 12 strokes * Also hear appeals from the penghulu’s court The Session Court: * A session court has the jurisdiction to hear both criminal and civil cases at present there are 87 sessions court judges throughout Malaysia * Judge is appointed by the Yang-Di-Pertuan Agong 2. Identify the various sources of Malaysian Law and its example. a) The Federal Constitution b) The 13 Constitution of the States comprising the Federation c) Federal law made...

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Cja224 Week 2

students who belonged to the lacrosse team of raping a black woman in March 2006. Nifong acknowledged there had been “no credible evidence” of their guilt. In fact there had been exculpatory evidence that he had quashed. His apology was rendered to a judge who later sentenced him to one day in jail and a $500. fine for contempt of court. He could have received thirty days (Prosecutorial Indiscretion, 2008). What did Nifong do that was wrong? Nifong had a vested interest in winning the Duke University...

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Dissenting opinions should be abolished UK

legal issue with regard to facts and the explanation of its reasoning is drawn up as the court judgment.2 A dissenting opinion is a minority opinion expressed by one judge or jointly by several judges who disagree with the decision reached by the majority in the case.3Thus, there may be dissenting opinions only when there are several judges in a court and when their opinions are revealed to the public. Also, an opinion can differ from the majority because of its conclusion and its reasoning or its reasoning...

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The English Legal System- the Civil Courts

contract and tort claims; * all cases for the recovery of land; * disputes over partnerships, trusts and inheritance up to a value of £30,000. Cases in the County Court are heard by * a circuit judge or * a district judge. On very rare occasions it is possible for the judge to sit with a jury of eight. This will only happen for certain tort cases for example defamation cases. [Note – defamation means the publication of a statement about a person that tends to lower his reputation...

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System of Government Required in Pakistan

considered for next higher promotion of any judge. As the practicing lawyers have many social ties in society of every kind then how by being judge such persons can get out of such social ties and personal concerns. Also political and other maneuverings occur for the placement of judges which are generally observed in society. Also any good and dynamic lawyer creates a lot pressure over lower judiciary and they get suppressed that may he become judge High Court or judge Supreme Court and then be having all...

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Court Repot

particular roles. The Judge looks over the case and in the system is seen to be an umpire. The Judge also determines the sentence based on the cases of both the defence and the crown. (Findlay, M., Odgers. S. & Yeo. S. 2005). The bailiff's role is to keep order to the court and proceedings, The Bailiff conveyed papers and evidence from the Barristers to the Judges Associate or Judge himself, they also administer the oath for any witnesses, portray the pledge when the judge arrives and departs...

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