The judicial philosophies of the justices in the United States Supreme Court differ from one another. These philosophies are depended on the justices personal experiences and ideologies they grew up with. We find some are on the liberal side‚ some are conservative‚ while others are more on the moderate side. The liberal judges believe that the U.S constitution is a living document. This means that the Constitution should be open to modification and modernization according to the demands of contemporary
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Judicial Discretion Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States‚ judicial discretion is one of the fundamental tenants of the system of law‚ and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion‚ although their discretion is not unlimited. This study focuses on a series of legal‚ extralegal‚ and systemic variables presumed to affect the workings of criminal-justice
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In recent years judicial selection has become an issue of great debate with many different views and ways to make it better. In Texas‚ judicial selection is carried out by partisan elections where voters get to choose the judges and justices. This form of judicial selection has many advantages as well as some disadvantages. One advantage of judicial selection by election is that it gives the voters the power in the selection. This allows Texans to be sure that the selection process is kept “…out
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Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so well known or established that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or any other rule of evidence‚ and even if one party wishes to lead evidence to the contrary. In India the concept
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Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
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binding precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law. RATIO DECIDENDI AND OBITER DICTUM The decision or judgement of
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* The ability to use the mass media‚ as every President since Franklin D. Roosevelt has‚ aids in gathering and holding public attention. The Presidential View The nature of the presidency depends on how each President views the office and exercises its powers. Executing the Law * As chief executive‚ the President executes (enforces‚ administers‚ carries out) the provisions of federal law. * The oath of office instructs the President to carry out the laws of the land. * The
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The use of judicial waivers and remand to adult court: Several types of transfer for youths from juvenile court to adult court‚ judicial waiver‚ statutory exclusion‚ and direct file exist and are utilized. According to the Office of Juvenile Justice and Delinquency Prevention (2010) judicial waiver is the most popular. "47 States and the District of Columbia provide judicial discretion to waive certain juveniles to criminal court. Thirty-seven States and the District of Columbia have one or more
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down into three branches. Legislative‚ Executive‚ and Judicial. Think about it! The Legislative branch is grouped into Congress‚ The Senate‚ and The House of Representatives‚ this branch is responsible for writing laws. The Executive Branch contains the President of the United States‚ the Secretary of State‚ and the Attorney General. This branch is responsible for making the laws official. Also the Judicial Branch is the United States Supreme Court. This branch is in charge of addressing whether or
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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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