LEGAL WRITING 201 30 SUGGESTIONS TO IMPROVE READABILITY OR HOW TO WRITE FOR JUDGES‚ NOT LIKE JUDGES JUDGE MARK P. PAINTER OHIO FIRST DISTRICT COURT OF APPEALS Legal Writing 201 JUDGE MARK P. PAINTER OHIO FIRST DISTRICT COURT OF APPEALS TAFT LAW CENTER 230 EAST NINTH STREET CINCINNATI‚ OHIO 45202 513-946-3444 – FAX 946-3411 mpainter@cms.hamilton-co.org www.judgepainter.org ........................................................... Introduction to Legal Writing ...............
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consists in judgements built on a serie of each judge ’s opinion1. The one of the majority of the court on a legal issue with regard to facts and the explanation of its reasoning is drawn up as the court judgment.2 A dissenting opinion is a minority opinion expressed by one judge or jointly by several judges who disagree with the decision reached by the majority in the case.3Thus‚ there may be dissenting opinions only when there are several judges in a court and when their opinions are revealed to
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STUDY: 4 Hamilton County Judges Hamilton County judges try thousands of cases per year. In an overwhelming majority of the cases disposed‚ the verdict stands as rendered. However‚ some cases are appealed‚ and of those appealed‚ some of the cases are reversed. Kristen DelGuzzi of The Cincinnati Enquirer conducted a study of cases handled by Hamilton County judges over a three-year period. Shown in Table 4.1 are the results for 182‚908 cases handled (disposed) by 38 judges in Common Pleas Court
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presumption of innocence with the aim of protecting the defendant‚ based on the notion that many people are not guilty. This principle requires the judge to start by believing that the prosecution cannot prove its accusations. The principle means that: the accuser has the entire yoke of substantiation; the accused does not need to prove anything and the judge or jury should not get any negative conclusions from the accusations made by the prosecution against the defendant. All these presumptions known
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that both the prosecutors and defense attorneys will try to exploit or override the system to their party’s advantage. With this in mind it is required that anyone seeking a continuance get granted permission from a judge‚ with the proper reason and evident evidence. So as long as the judges involved in the case sees fit the danger is lowered. Some continuances are for the better because it gives you time make sure your evidence is correct. ii. Complete the following web exercise. Explain your answer
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is to elucidate the opinions and theories of different judges. Taking into account these sagacious views‚ I have been able to come up with an evaluation of my own. The main question we’re dealing with out here is that of executive clemency‚ i.e. mercy or leniency; especially‚ the power of the President or a governor to pardon a criminal or commute a criminal sentence (Black’s Law Dictionary). According to Justice Truepenny‚ the trial judge had followed an equitable course of action‚ wherein he awarded
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go from receiving the call at the 911 dispatcher and to get to the level at the Courts with the Judge and make a decision for the criminal‚ I will go over a small summary on it‚ in this essay. Thanks to this module I was able to understand the different duties of The Criminal Justice System‚ such as the dispatcher‚ police officer‚ police supervisor‚ detective‚ district and defense attorney‚ court judge‚ parole and probation officer‚ etc. I will go over some of these
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the court system within the criminal justice system which would entail the trial‚ appellate and the supreme courts. Each court has its own individual employees working within it‚ and within the Judiciary. Each court case should involve not only the judge‚ but also the prosecuting and defense attorneys‚ the defendants‚ and witnesses. This paper will discuss the differences in which these entities execute their duties within this branch of the criminal justice system. There are many various reasons given
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Firstly‚ according to the Canada’s Department of Justice‚ the judicial system must be independent and impartial of any influence. This allows judges to effectively make decisions that are “based solely on fact and law” (Canada’s Court System‚ 2015). Thus‚ the rule of law can be effectively enforced since everyone is equal under the law and there is no bias in the rulings. Secondly‚ as mentioned
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THE REVISED RULES OF CRIMINAL PROCEDURE (RULES 110 - 127‚ RULES OF COURT) [Effective December 1‚ 2000] RULE 110 - PROSECUTION OF OFFENSES Section 1. Institution of criminal actions.– Criminal actions shall be instituted as follows: (a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112‚ by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. (b) For all other offenses‚ by filing
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