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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Capstone Case Briefs U. S. v. Thomas Citation: United States v. Thomas‚ 34 F.3d 44 (2nd Cir. 1994) Summary of Facts: Wallie Howard was a Syracuse police officer who was shot and killed during a cocaine bust. Luther Gregory was Wallie Howard’s confidential informant. Davidson was the head supplier of the cocaine conspiracy. Parke was the chief lieutenant of Wallie Howard also the deliveryman for Davidson. Parke and Morales (Davidson’s deliverymen) frequently delivered cocaine to customers
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Methods of judicial selection vary substantially across the United States. Though each state has a unique set of guidelines governing how they fill their state and local judiciaries‚ there are five main methods. The five main methods are partisan elections‚ nonpartisan elections‚ legislative elections‚ Gubernational appointment‚ and assisted appointment. There are five basic methods of judicial selection‚ but it is important to note that no two states use exactly the same selection method
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A judge-made law is a law rooted in a judiciary decision‚ not an act of legislation made by lawmakers or a regulation created by a government agency with the legal authority to do so. The collective body of judge-made laws in a nation is also known as case law. Many nations allow judges to set legal precedents when making high court decisions‚ adding to the body of law in a nation and providing new interpretation of existing laws. Lower courts do not have the authority to make judge-made law.
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Celebrated Cases of Judge Dee tells of a district magistrate of Chang-Ping in the T’ang Dynasty named Judge Dee Goong An‚ famous for his ability to solve mysterious cases. This is simple enough‚ except it is immediately evident to the reader that Judge Dee is not just a normal magistrate content with solving a case – it is easy to see that he always digs deeper. His success is unparalleled in the land‚ his actions laid out without a single corrupt thought or a lax view. What makes Judge Dee so effective
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their opinion yes but when that opinion is wrong and they start to spread fake rumors which come back to harm the person that they are talking about it making it something that should not be aloud. In this essay I will talk about why people should not judge a book by its cover and how people should not be judged by the group of people they are around. The many people who have the problem of getting judged are the people who grew up in families that have little to no money and are fighting everyday
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I go into Judge Lippitt’s courtroom knowing that it is going to be the same trial I was observing my first day but that I had missed a trial day. I still knew the big picture of the case so it was interesting to see it continue. The trial started off with expert witnesses the first one was called by the defense counsel. The expert witness was a doctor the defense counsel first asked him questions to establish the credibility of the witness. The defense counsel then asked his witness if he looked
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the advice and consent of the Senate‚ to appoint Judges of the Supreme Court. Supreme Court Justices are appointed for life there for‚ each nomination to the Supreme Court has a long-lasting influence on the Courts decisions. Since the Supreme Court began in 1789 there have been 160 nominations for Supreme Court justices‚ 124 of which were approved‚ six of which chose not to serve. (Senate Statistics)The United State constitution has our supreme court justice nominated by the president and approved
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enforced by the state in the application of justice. The law is mainly made by a parliament‚ a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law.A judge is a public official appointed or elected to hear and decide legal matters in court[2]‚ Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions. In carrying out this task‚ a judge can use any
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Meixner Essay #4 December 2‚ 2008 “A Smile Is Worth So Much More” People often judge or misperceive others appearances in a less than equal manner before they even know the true nature of the person. Every day we make assumptions by what we can see physically. Even in the supermarkets‚ we distinguish good products from bad products based on how they look. We are apt to choose good-looking products because they don’t have flaws‚ cracks‚ and bruises. Moreover‚ we assume them to have
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