Allen v. Totes/Isotoner Corporation. 123 Ohio St.3d 216‚ 2009-Ohio-4231 Facts of the Case: LaNisa Allen appealed the original judgment in favor of Totes/Isotoner Corporation on the issue of whether the Ohio Fair Employment Practices Act‚ as amended by the Pregnancy Discrimination Act‚ prohibits an employer from discriminating against a female employee because of or on the basis of lactation. Relevant law associated includes whether Allen established a prima facie case of “sex discrimination on
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more judges‚ and it covers either the whole state or a part of it. There are two groups of district court judges‚ "regular service" and "senior status." They have the same power and their jobs are secured for their entire lives (as stipulated under Article III Section I of the U.S. Constitution). The only difference is that senior judges‚ because they were on the bench for at least ten years they can take lighter caseloads and may choose what types of cases they hear. District Court judges are
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system. The judicial system consists of participants who have specialized roles that are associated with the courtroom. There are 10 basic roles that the participants play which include; judge‚ prosecutor‚ defense counsel‚ bailiff‚ court reporter‚ clerk of the court‚ witness‚ jury‚ defendant‚ and spectators. The judge has the ultimate authority in the courtroom‚ and is used to protect both the rights of the accused‚ and the best interest of the public. Courtroom participation is an important aspect
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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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