Judicial Branch Test Review Original Jurisdiction: The original jurisdiction of a court is the power to hear a case for the first time‚ as opposed to appellate jurisdiction‚ when a court has the power to review a lower court’s decision. Supreme Court: The Supreme Court of the United States (first abbreviated as Scotus in 1879)[1] was established pursuant to Article III of the United States Constitution in 1789 as the highest federal court in the United States. It has ultimate (and largely discretionary)
Premium Law Supreme Court of the United States United States
Question 6 Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Discuss. Kiew Boon Yin Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court‚ it provides guidance to the judges when they apply case precedents. It also provides
Premium Stare decisis Common law Precedent
Judicial Activism is a case where the Supreme Court interprets the Constitution in a manner not previously covered either by precedent or by law‚ thereby changing what was once considered to be legal or illegal‚ depending on the circumstances of the case. Basically‚ it is going against the set precedent. This is a view point most often held by reformists‚ ones that want to change the current standards of society. On the other hand‚ Judicial Restraint is the antithesis of Judicial Activism‚ where
Premium Law Judge Supreme Court of the United States
"[The Judicial Branch] may truly be said to have neither FORCE nor WILL‚ but merely judgment” Hamilton explained when analyzing the Judiciary’s initial intent. Article 3 section 1 of the Constitution grants the Supreme court “The judicial Power of the United States.” this power can be given to inferior courts such as circuit and district courts as “Congress may from time to time ordain and establish.” Later‚ in article 3 section 2‚ the Judicial branch is granted power that “extend[s] to all Cases
Premium Law Separation of powers United States Constitution
Constitution does indeed provide a system of separation of powers and checks and balances. With this being said‚ all separated powers are completely and totally equal‚ all three of them. The three different powers are the Executive‚ Legislative‚ and Judicial Branches. The division of power into separate branches of government is central to the idea of the separation of powers. All the branches have their own duties and responsibilities that are a huge impact on our Nation. The Executive Branch is the
Premium Separation of powers United States President of the United States
Judicial precedent signifies the practice whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent is a practice of the court that provides guidance to the judges when they apply case precedents. Black’s Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases‚ which helps provide certainty‚ consistency and
Premium Law Stare decisis Common law
For far too many years judicial corruption has been a problem in our society‚ but how do we explain the difference between moral and unethical corruption? Within our police system in America‚ there are gaps and loopholes that give leeway to police officers and individuals in the judicial system‚ which either abuse their authority or not a great representation of the ethical standards that they are expected to enforce. Because of the nature of police officers‚ there is a potential for deterioration
Premium Law Police
THEORETICAL BACKGROUND Judicial activism has become a subject of controversy in India.1 Recent and past attempts to hinder the power of the courts‚ as well as access to the courts‚ included indirect methods of disciplining the judiciary‚ such as supersession of the judges2 and transfers of inconvenient judges.3 Critics of judicial activism say that the courts usurp functions allotted to the other organs of government. On the other hand‚ defenders of judicial activism assert that the
Premium Constitution United States Constitution Separation of powers
independent judicial branch that would not be subject to retaliation by either the executive branch or the legislative branch because of some decision made by those judges."said by Sandra Day O’Connor‚ former associate justice of the supreme court. The judicial branch translates the importance of laws‚ applies laws to induvial cases‚ and chooses if laws disregard the constitution. This legal branch is involved the supreme court and other government courts. Even though people argue that the judicial branch
Premium Supreme Court of the United States Law Separation of powers
The Supreme Court’s powers include many different things. They are the highest court within the judicial branch of the United States government. They are oftentimes the deciding factor when it comes to cases that derive from lower courts. Supreme Court justices are guaranteed a life long term and are appointed by the President (U.S. History). However‚ the Supreme Court has much more power than just listening to cases day by day. They are highly experienced individuals within their realm of expertise
Premium United States United States Constitution President of the United States