inappropriate to give the Crown conflicting bits of advice. Today 13 independent state will send their final appeal to the PC Caribbean administration system had no say in the composition of the judges or their tenure or the role of procedure of the court. CCJ • Justice Malachlins stated in an article “ If the judges who comprise a nation final court are entirely detached from an intimate understanding of that nations realities there will always be present a risk‚ a danger of a disconnect between the jurisprudence
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was charged with one count of aggravated assault that occurred in a collision during a recreational non-contact ice hockey game. The appeal was upheld in the Ontario Court of Appeal in a decision written by Hourigan J.A.‚ reasoning that the trial judge erred through impermissible speculation to reach their verdict. The appeal concerns a collision between the appellant‚ who played for the Tiger-Cats and the complainant‚ who played for the Pirates. In the final 47 seconds of the game the collision
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Discuss the rules and other aids used in statutory interpretation which the judges could use to help them arrive at a decision in each of the appeals. You should also pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will
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Legal Profession in Russia Guest lecture at Law Faculty of University of Tartu‚ 5th of November‚ 2012 Dr. Mikhail Antonov Associate Professor of Law Faculty of Higher School of Economics – Saint Petersburg‚ Director of Research Center for Legal Argumentation‚ Executive Director of “Russian Yearbook for Legal Theory”‚ Advocate The author’s position does not necessarily correspond to the official position of National Research University “Higher School of Economics” Legal Education in Russia: Principles
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role of a federal court system was to bring together the administration and judges (Cohen and Spitzer‚ 1996). The role of a judicial official is to administer procedural justice that helps a defendant to accept accountability. The Procedural Justice Theory suggests that a person will see rulings as legitimate‚ and adopt the court’s value and goals (Wales et al.‚ 2010). O’Scannlain (2010) states the role of the federal judge is to apply the Constitution of the United States in a court setting.
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important aspect of a particular state. Each state has a different method of nominating and confirming individuals to particular court in a state. In the State of Indiana‚ the state uses political commissions and partisan elections as a means of selecting judges to a variety of judicial slots with each level being more important to the overall well-being of the state. Main Body In the State of Indiana‚ when there is a vacancy for the Supreme Court and the Court of Appeals‚ the state uses an independent
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CHAPTER 1 THE COURT STRUCTURE - The present court structure has been in effect since June 1994 following the Constitution (Amendment) Act 1994. - The judicial powers are exercised by the Subordinate Courts and the superior courts organised in a hierarchy where the Subordinate Courts are at the lower level and the superior courts at the higher level. THE SUBORDINATE COURTS (The Subordinate Courts Act 1948) THE PENGHULU’S COURT - The Penghulu’s Court is presided over by a Penghulu who has
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tribunals where persons accused of violating criminal law come to have their criminal responsibility determined by juries or judges. The court system includes prosecution‚ defense lawyers‚ judges‚ and juries. Judges hear the cases and preside over the participants to make sure that all laws are followed while the cases are being tried. Some cases are tried in front of a judge only‚ while others have a jury of 12 citizens who determine the guilt or innocence of a defendant based on facts brought
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Malayan Law Journal Reports/2000/Volume 2/LIM GUAN ENG v PUBLIC PROSECUTOR - [2000] 2 MLJ 577 - 18 June 1999 22 pages [2000] 2 MLJ 577 LIM GUAN ENG v PUBLIC PROSECUTOR FEDERAL COURT (KUALA LUMPUR) EUSOFF CHIN CHIEF JUSTICE‚ WAN ADNAN CJ (MALAYA) AND ZAKARIA YATIM FCJ CRIMINAL APPEAL NOS M05-3 OF 1998‚ M-05-4 OF 1998 AND M-05-5 OF 1998 18 June 1999 Criminal Law -- Malicious publication of false news -- Detention of under-aged girl published as ’imprisonment’ -- Presumption of malicious publication
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distribution of power and rights and in the overall development of the country. The independence of each individual judge ensures that every case is decided on the basis of the law‚ the evidence and facts‚ without any improper influence. Consequently‚ judicial independence is an indispensable element of the right to due process‚ the rule of law and democracy. It is axiomatic that a judge should not act on any influence of any third party. Article 21 of the Indian Constitution requires a fair‚ just
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