"Docrine of judicial precedent and advantage disadvantage of judicial precedent" Essays and Research Papers

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    system promotes equal access to justice for all (Vines 2013‚ p. 319). As significant figures of the judicial system‚ judges must ensure that courts are independent‚ impartial‚ open and transparent and provides a fair and prompt trial (Rule of Law Institute of Australia 2015). This could be an issue with indeterminate sentencing

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    Judicial Politics

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    Judicial Process and Politics Interest Groups - Lawyers‚ Litigants‚ Trade Associations and Bar Associations Week 5 Case Western Reserve University Department of Political Science POSC 323/423 Spring 2012 Expository Essays Expository essay requires the writer to investigate an idea‚ evaluate evidence‚ expound on the idea‚ and set forth an argument concerning that idea in a clear and concise manner. Tools for expository writing: • comparison and contrast; • definition; • example; or • analysis

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    As the first president of the United States‚ George Washington set a series of precedents. Four of the precedents that Mr. Washington set forth was: Two-term Presidency‚ Separation of Power‚ Organization of the Executive Branch of Government‚ and Foreign Policy. I will discuss each precedent and explain which of these precedents had the greatest impact on the American presidency. Two-term Presidency was a policy George Washington believed should be followed by future presidents because he did

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    Judicial Activism in Pakistan Judicial Activism: Social change effected by judicial decree. The doctrine that the judicial branch especially the federal courts‚ may interpret the constitution by deviating from legal precedent as a means of effecting legal and social change. Judicial activism is a time honored trait of judicial function and to give up that trait is to surrender before these two mightier organs of the state. History bounds in scintillating examples of judicial activism‚ when the

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    independence of the judiciary was ensured by the act of settlement 1700‚ which transferred the power to sack judges from the crown to the parliament. Consequently‚ judges should theoretically make their decisions based purely on the logical deductions of precedent‚ uninfluenced by political or career considerations. The eighteenth century legal commentator‚ William Blackstone‚ introduced the declaratory theory of law‚ stating that judges do not make law‚ but merely‚ by the rules of precedence‚ discover and

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    The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could

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    French Judicial System

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    The French Legal System The French judicial system has developed through many stages during the nation’s history‚ and is deeply rooted in three major influences of the King‚ the people‚ and the outside. The first judicial system‚ a Private Reaction system‚ was established at the founding of France. A judicial system was then established after the Revolution of 1789. The judicial system after the Revolution was based on the principle of legal offenses and punishment. This was stimulated by

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    Judicial activism believes that judges assume a role as independent policy makers on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982‚ the duty of Supreme Court justices was to interpret law‚ not took it upon themselves to make law. Nevertheless‚ the Supreme Court justices play a more predominant role in shaping government policy and legislation today than they did

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    Oregon Judicial Selection

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    Reforming Oregon Judicial Selection Introduction: As a member of this committee it has been an honor to explore some of the concerns revolving around the judicial selection process in this Great State of Oregon. Oregon’s above average voter participations is an example of just how important democracy is to the individuals of the state. The committee has been asked to examine the nonpartisan judicial election process and to determine whether or not the non-partisan judicial selection has become

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    AP Government Chapter 14 The Judiciary The Judicial System operates at all three levels of government (municipal‚ state‚ federal) Most cases are heard in municipal or state courts (criminal and civil suits) Trial Courts—jury or judge decides a case Appellate Courts—review cases if there are matters of legal procedure or law at issue State Supreme Court—another review if no satisfactory decision (sometimes called state court of last resort) Most municipal and state judges run for election

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