reasons adjudication and oversight. These functions are both very important to the safety of the public‚ and smooth operation of the court system. If either one of the functions were not present the court system could not operate effectively. The judges and prosecutors must decide what laws should be applied‚ how there are applied‚ and what to do when they find incorrect information or incorrect use of power. Early Legal Codes Code of Hammurabi is an early formal written legal code. This
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Babot who represent the plaintiff Debbie White. The defendants Patrick Gibbs and O’Malley’s Tavern are seeking a summary judgment which is a procedural device used during civil litigation to promptly and expeditiously resolve a case without a trail. A judge grants summary judgment only if there are no disputes as to the material facts of the case and the party is entitle to judgment as a matter of law. (1) The defendants Patrick Gibbs and O’Malley’s Tavern claim there is no evidence to support that the
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entitles under the Constitution to request a jury trial. When judge decides on a case without a jury‚ it is considered a bench trial. Judge usually takes on two roles and are the “referee” to rule the admissibility of evidence and decides a resolution that can determine credibility based on evidence (Hg Legal Resources‚ 2017). The advantages to a jury trial is the amount of money that jury award and ruling is based on passion whereas a judge rule based on evidence (Hg Legal Resources‚ 2017). The disadvantage
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cases were related to people coming from the El Salvador and only one was related to Mexico migrants. In few of the cases the defendants refused to state which country they came from‚ so the court assigned a country to the case. I wonder how could Judge Marks be sure that the country assigned to the case is actually the country of origin of the defendants? What if the defendant loses the case and gets deported to a country that is not his or hers? Then I realized that this is a risk that the defendant
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KENYATTA UNIVERSITY CITY CAMPUS NAME :OOKO BEVERLY ACHIENG ADM NO:D33S/CTY/11363/2012 COURSE:BUSINESS LAW COURSE CODE: LECTURER: TASK: STRUCTURE AND ORGANISATION OF THE COURT In pre colonial era‚ different communities had different ways of restoring justice. The African Traditional Communities used the fora of justice at family‚ shrines‚ churches and mosques. Other dispute resolutions mechanisms included: a.Reconsiliation: is the process of making it possible for two different ideas‚ facts
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neutral third party‚ the judge or magistrate. Guilt is determined by the judge‚ magistrate or a jury. Punishment for the accused if found guilty is determined by the judge or magistrate. Discuss the use of the adversary system as a means of achieving justice. The adversarial system is a system where two parties‚ one representing the accused the other the state or the plaintiff‚ argue the over the guilt of the accused whilst being mediated buy a neutral third party‚ a judge or magistrate‚ in many
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Discovery - Provided by FAA upon request from defense - List of witnesses and any other evidence the FAA intends to use in prosecution. E. Hearing - Presided over by Administrative Law Judge in or near place of violation - This is the ONLY opportunity for defense to be heard by a judge - Burden of proof rests on FAA‚ but only needs to prove their case by a preponderance of the evidence. - No jury. - ALJ will issue a verbal decision at the end of hearing. - ALJ may reduce severity
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the Constitution act within their respective constitutional limits. It is also the sole interpreter of the constitution and the sole arbiter in all constitutional disputes. India follows the adversary system of legal procedure. This means that the judge acts as a neutral arbiter upholding the balance between
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Session who is known as a Lord Ordinary who sit to hear cases at the first instance. Sometimes a jury of 12 (compared to a jury of 15 that is usually found in criminal cases) will also hear cases. Prospective litigants never used to have a say in which judge they would like to hear their case but now they can have some say which could be helpful if the Lord/Lady has expertise in the area that their case is on. “The jurisdiction of the Outer House extends to all kinds of civil claims unless jurisdiction
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grown and changed substantially since 1899‚ when the nation’s first juvenile court was established in Illinois (James Halpin‚ 2010‚ pg30). Originally‚ the court process was informal—often nothing more than a conversation between the youth and the judge—and the defendant lacked legal representation. To replace confinement in jails with adults‚ the early juvenile courts created a probation system and used a separate service-delivery system to provide minors with supervision‚ guidance‚ and education
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