system where judges sat in a royal courts of justice that were established by English Kings in 1066CE. These principles have travelled through history and still applicable to this day. The judge came in well informed and prepared on the case before entering the trail. He was introduced to the plaintiff‚ Vino Petal‚ who was represented by a paralegal whereas the defendant‚ Waseem who was self-represented. The plaintiff was trying to prove breach of contract and fraud. After which the judge declared the
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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 ratio
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court‚ the role of the judge in the inquisitorial system is to investigate cases‚ define issues to be resolved and gather evidence (with police assistance). The objective of the judge is to fine the truth of the matter and is also not restricted to issues at question in trial and may investigate further into the case and bring forth information that appears to the parties as irrelevant. Another key feature of the inquisitorial system is the burden and standard of proof as the judge is responsible for
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Compare and contrast the role and function of judges‚ lawyers and lay people in the English legal system. Judges: When judges decide points of law in cases‚ they sometimes have to decide a new point. This also allows them to ‘make law’. Decisions by judges over the years have created the tort of negligence. This is the law that allows you to claim compensation when you have been injured by another person’s negligence. In the criminal law‚ judges have sometimes created new offenses. An important
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individuals in the courtroom. The Judge’s bench was elevated and Coat of Arms was placed behind him‚ the bar table for the lawyers and barristers was at the same elevation as each other‚ there was deliberate positioning of the court staff between the judge and all others in the courtroom. The components of the setting and use of traditional wooden furniture made the courtroom exude a sense of importance‚ and propriety and explicitly perpetuate the symbolism in the environment. Such design appears to
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Shrien Dewani walks free after being cleared of arranging her murder. Her parents and siblings were in court today to hear the case against Mr Dewani be dismissed as the judge found that the prosecution’s evidence fell “far below the threshold” of what a reasonable court could convict on. Mrs Dewani’s family had led public appeals for Judge Jeanette Traverso not to let the case collapse‚ saying it would be their worst “nightmare” for the trial to finish before her husband had even taken the stand. They
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contract and tort claims; * all cases for the recovery of land; * disputes over partnerships‚ trusts and inheritance up to a value of £30‚000. Cases in the County Court are heard by * a circuit judge or * a district judge. On very rare occasions it is possible for the judge to sit with a jury of eight. This will only happen for certain tort cases for example defamation cases. [Note – defamation means the publication of a
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precedent means that judges declare what the existing law is. However many people think that judges actually make law‚ especially in the High Court of Australia. Write an essay of 1000 words stating whether you believe judges should make law and mention some arguments for and some arguments against this idea. I am of the opinion that judges in Australian courts should make law‚ within specified boundaries. Through the doctrine of precedent‚ the decisions that judges make in cases before
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government thus became small.[4] Nevertheless‚ kings could still influence courts and dismiss judges. The Stuart dynasty used this power frequently in order to overpower Parliament. After the Stuarts were removed in the Glorious Revolution of 1688‚ some advocated guarding against royal manipulation of the judiciary. King William III finally approved the Act of Settlement 1701‚ which established tenure for judges unless Parliament removed them.[5] Under the unwritten British Constitution‚ there are two
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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 in determining the best decision for the case brought forth. The focus for appellate court is quite different since the facts in the proceeding came from trial court level
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