"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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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that such order was not amenable to the jurisdiction of Supreme Court under Article 136. The decision of the Bench of the three learned Judges affirmed this view in Konkan Railway Corporation Ltd. & Ors. Vs. Mehul Construction Co., [2000]. Thereafter, in the present case, a Bench of two learned Judges referred to a larger Bench the decision of the three learned Judges for re-consideration. This is how the matter came to before a Constitution Bench. Two issues which were to be decided in this case was- ...

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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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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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Justice in Texas

were not in any means in a strange place. The lawyers had previously made big donations towards the campaigns of justices officiating the trials. Funding justices' campaigns in Texas is not uncommon, neither is it illegal. Of the nine states where judges are chosen through partisan elections, Texas is the only state that chooses all members of the bench through elections and additionally, the only state that does not place a cap on campaign gifts. Due to this, bench polishing tactics are common phenomena...

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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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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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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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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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Jury in court

upon issues joined in courts of civil and criminal jurisdiction or findings of fact at coroners' courts. The role of the jury is four-fold: – to weigh up the evidence and decide what the true facts of the case are, to listen to the directions of the judge as to the relevant law and then apply the law to the facts before reaching a verdict. Juries are used in both Criminal and Civil cases although the use of juries is very small. Juries are used in the Crown Court for criminal trials of indictment...

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Jury Advantages Disadvantages And Reforms

of the fundamentals of a democratic society and the right to be tried by our peers has been supported by many renowned judges. There are also new qualifications for jury service enabling almost everyone a chance to serve on a jury and creating a cross section of society. The use of a jury is very old and still takes place in society today showing that it must be a fair way to judge the accused and that society must have confidence in the jury system. Another significant factor in the advantages of...

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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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Business Law

organization 12- According to Canon____, judges should act in what way to uphold the integrity and independence of the judiciary? 1 13- Can judges voluntarily testify as witnesses at trials? No 14- Does a judge have any administrative responsibilities? If so, what are they? Judges shall diligently discharge their administrative responsibilities without bias or prejudice, maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration...

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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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Visit to Court - Court Report

1012CCJ Police, Courts and Criminal Law. Court Details:Name of Court Visited: District Court BrisbaneCourt Located: 363 George Street, Brisbane (Queensland)Courtroom Number: 6Date of Visit: 26 August 2009Name of Case: R v DavyName of Presiding Judge: Judge HowellAccused: Mr. DavyThe Subject Matter of the Case:The District Court deals with a wide range of criminal matters. The court hearing I attended was a trial by jury, where the charge against the defendant was assault causing grievous bodily harm...

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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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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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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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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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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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Courtroom Paper

system. In the past jurors were expected to uphold the law and weigh the facts in a case but in modern day cases jurors are only expected to know the facts. Jurors are required to give their undivided attention to the proceedings and must listen to the judge, witnesses, attorneys and anyone else that may say something in court that is pertinent to the case. Jurors must consider the evidence presented and make good and unbiased decisions based on the evidence and facts presented in court. The outcome of...

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Evaluating The Use Of Lay People 1

Evaluating the use of lay people, judges, and lawyers within the legal system There are different roles in the legal system. The difference between judges, juries and magistrates is that magistrates are people from the public that are unpaid, an unqualified volunteer and has had no legal training. However, judges are professionals that are qualified and have been legal experts of many years standing. A jury is a panel of citizens who are not experts on law/legal system. A magistrate is a volunteer...

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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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Judical Selection Process in Pa and Arizona

is the judicial selection process. The qualifications, method of selection and election and removal from the bench vary from state to state. The average person would believe there would be a Constitutional or statutory qualification to serve as a judge. This is not the case in the United States (Judicial Process in America 8th edition pg. 125 chapter 6). The states of Pennsylvania and Arizona have their own agenda when it comes to the judicial selection process. In the state of Pennsylvania justices...

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Court Observation Paper

Observation paper Magistrate& District court Karen Rivera Cj 205 The first court that I attend was district court, the judge was Fernando r. macias I went to the court on October 13, around 10:30. When I first walked in there were a lot of people there I wasn’t expecting that at all. Security was higher than at the magistrate court. There were attorneys there but they stand next to there defendants at all times since it was still assembly justice so the trials didn’t go...

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Courtroom Observation Paper

I attended the District Court at 201 West Picacho Ave on March 7, 2011. I sat in on judge Mike Murphy's court. Judge Murphy started court promptly at 9:00 a.m. but before I got into the court I had to wait in a long line of about 30 people. then when I finally got to the court house door I had to go through a metal detector where I had to take off my belt and shoes and everything metal on my persons. Then I asked one of the officers working the metal dictator how I could ask to sit in on a criminal...

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Do You Agree with the View Expressed in Lord Gardiner’s Practice Statement of 1966 That the English Doctrine of Binding Precedent “Is an Indispensable Foundation on Which to Decide What Is the Law?

or not. Each court has to decide for itself whether there is a precedent binding in the cases given and covering the cases given. Where there is a case to be decided is one that is without a precedent, the judge must decide it according to general principles of the law. By doing so, the judge lays down as original precedent which would then be used in subsequent similar cases. There are two main principles that are involved in judicial precedent; these are ratio decidendi and the obiter dictum...

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course notes for history and government, whichever

black man in a state dominated by white conservatives, he has nonetheless been a dogged voice on behalf of Texas's poorest and least powerful litigants. He has also been a consistent critic of the dubious way in which Texas selects and retains its judges—through a series of judicial elections that are unabashedly partisan. This month, Jefferson returned to private practice, leaving his post on the highest civil court in Texas nine years after he was appointed its chief by Governor Rick Perry. I recently...

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Court Observation Paper

courts that I have seen. The judge sat in the center and in the presence of everyone at the front. The interpreter sat in front of the judge and on the right hand side was the witness or victim box and to the left was where the defendant was sat. A police officer was placed on the left side of the defendant to guard the public and those present in the court. There was a divider between where the public sits with those involved with the legal proceedings. As the judge entered the room everybody stood...

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