Common Law Reasoning and Institutions Question 1: “in practice the doctrine of precedent does not constrain judicial decision-making; activist judges can always creatively interpret previous cases to reach the outcome they desire.” Discuss. Answer: In considering whether the doctrine of precedent constrain activist judges like Lord Denning in making their decision‚ we should first examine the English legal system and how judicial precedents operates. The lowest court of law in England
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of the United States of America. One of the differences between the state and federal courts are the appointed judges. The president of the United States with the consent of the senate appoints the U.S. Federal judges. Federal judges are also known as Justices rather than judges. These Justices can generally serve until death‚ retirement‚ resignation‚ or impeachment while state judges are normally required to serve for terms. The Constitution and laws of each state establish States courts. Virtually
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EITHER: Judges‚ Magistrates or Juries. Refer to the strengths and weaknesses of their role in the legal system. Jury service is something that a person may be asked to do within their life. A jury is made up of up to 12 people‚ who are chosen at random from the electoral role. It is illegal for a person to refuse jury service and could be fined of up to £1‚000‚ if they do so (www.direct.gov.uk). A juror can be excused from service but has to follow the procedure on the form and only a judge or a
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Courts in UK Her Majesty’s Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom. The United Kingdom does not have a single unified judicial system—England and Wales have one system‚ Scotland another‚ and Northern Ireland a third. There are exceptions to this rule; for example in immigration law‚ the
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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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The Juvenile Justice Process: A Breakdown of the System Dana R Kirkland Strayer University Abstract Although based on the adult criminal justice system‚ the juvenile justice process works differently. Juveniles can end up in court by way of arrest‚ truancy or for curfew violations or running away. A youth may also be referred to the juvenile court system by school officials or a parent or guardian for being continuously disobedient. The juvenile justice process involves several different steps
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include the police who investigate the crime and the district attorneys who prosecute the offenders. When there is a trial‚ a selective number of individuals are called before the court known as the jury. It is not only the right and duty of juries to judge the facts‚ but also what is the law. To ultimately determine a verdict‚ the jury must take all information into consideration plus the moral intent of the accused In the legal justice system of the United States‚ there are many perks or benefits such
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use of language was not merely as a vehicle of thoughts for the judges but also formed an integral part of their decision making process and thus should be left free to evolve their own preferred language for delivering judgements. Another recommendation made by the PIL was that the 24 high courts should conduct their court in the regional language of their respective judicial territory. This advice lacked merit Firstly because the Judges of the High court are frequently transferred from one part of
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which often refers to the year in which the case was commenced followed by a sequential reference number. Additionally‚ letters or numbers indicating the type (civil‚ criminal‚ family court‚ etc.) or location of filing and/or the initials of the judge to whom the case is assigned. Federal courts are different in that they use individual calendars. although this is often seen as a tool that helps the courts flow more efficiently‚ it is not clear that this would as well suited for state courts
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is the system of law that relies on the contest between each advocate representing his or her party’s positions and involves an impartial person or group of people‚ usually a jury or judge‚ trying to determine the truth of the case.[1][2][3] As opposed to that‚ the inquisitorial system has a judge (or a group of judges who work together) whose task is to investigate the case.The adversarial system is generally adopted in common law countries. An exception‚ for instance in the U.S.‚ may be made for
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