Stare decisis The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case of Donoghue v Stevenson[1932] AC 562‚ (Case summary). The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed
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there is a three tiered court system in place of both State and Federal court system. Moreover‚ there is the intermediate court‚ also known as trial court‚ and there are the appellate or “higher” court. The higher courts are responsible for reviewing the verdicts that were previously made in the trial courts. However‚ when dealing with a trial court‚ the purpose is to handle civil matters. In this court‚ both sides represent their case‚ providing evidence to allow the court to gain a better understanding
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The Grand Prairie City Council approved attorney Bryan Arnold as presiding municipal court judge on March 1. The position is an appointed position and not an elected one like most state judges‚ said Ron Postell Grand Prairie city attorney. Arnold applied for the position and went through an interview. Tom Hart‚ Grand Prairie city manager‚ selected Arnold for the position. The city council then had to approve a two-year contract for the position. Arnold will make $165‚462 annually according to the
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Federal Judges are nominated by the president in accordance with Article II of the Constitution. The nominees are confirmed or denied by the checks and balances of the Senate. They also can be appointed through recommendations from the Department of Justice‚ the Federal Bureau of Investigation‚ members of Congress‚ sitting judges and justices‚ and the American Bar Association. There is even a special nomination called a senatorial courtesy. This is when a state senator sends in a nomination to the
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The difference between trial courts and appellate courts are complex‚ but are two important entities necessary within the justice system. Trial courts grant the initial pass for a civil or criminal proceeding to have a voice in court. Appellate courts have authority to reassess findings decided on at trial court level. There are four essential parts amidst trial and appellate courts: purpose‚ evidence‚ juries‚ and judges (Ehow.com‚ 2012). Purpose Trial court focuses on finding the facts
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Criminal courts final review · what is a court? i. an agency or unit of the judicial branch of govern.‚authoried or established by statue which has the authority to decide upon cases · What is adjudication? i. the process by which a court arrives at a decision regarding a case · What type of court system do we run? i. Dual court system · Understand Due Process clause i. portion of the 14th amendement ; used by U.S supreme court to make certain protections in the Bill of rights applicable
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to receive as fair and impartial a trial as possible. Legal counsel is provided in defense of the individual being prosecuted whether he or she are able to afford it or not‚ courtroom rules are structured to ensure that the proceedings are fairly administered‚ and‚ ideally‚ an impartial judge plays the role of a wise referee who both interprets the rules and ensures that they are followed. While an impartial judge is ideal‚ it must be acknowledged that judges are imperfect human beings who are
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good judge is someone whom upholds justice and abides the law‚ while taking in the interests and opinions of the people. He should be selected through state judicial elections‚ where citizens have the final say based purely on factors such as popularity‚ qualifications and character. After all‚ we are the ones who elected the president‚ just because he portrays best the way we view ideology‚ ethics and values. Furthermore‚ more than 95 percent of the nation’s legal cases are decided by state or local
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An appellate court is a court that takes initial trial decisions into review upon the outcome being seen as unconstitutional by either the defendant or the government. Congressional act of 1789 Created a supreme court‚ appoint 6 justices and establish a lower federal court system. Various acts of congress have changed the number of seats in the supreme court over the years. the lowest amounts between 5-6 and the highest 10. In fact after the civil war the seats were fixed to nine‚ that’s 1 chief
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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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