applied to future cases‚ similar to this. Judges look at a previous case‚ which is similar and in an equal or higher court and they will then use this information to decide
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US Government – Regular and Honors Chapter 18 – The Judicial System (17 Points Total) Chapter 18‚ Section 1 (6 Points) For the following chart‚ fill in the appropriate information |Term |Define | | |Cases can be heard only in the federal courts. | |Exclusive Jurisdiction
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is the judicial selection process. The qualifications‚ method of selection and election and removal from the bench vary from state to state. The average person would believe there would be a Constitutional or statutory qualification to serve as a judge. This is not the case in the United States (Judicial Process in America 8th edition pg. 125 chapter 6). The states of Pennsylvania and Arizona have their own agenda when it comes to the judicial selection process. In the state of Pennsylvania justices
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that is not completely obsolete‚ but takes is less of a primary concern as it were‚ compared to other factors that effect a case. Those who are in favour of judicial activism argue that social change has increased the need for legal change and judges need to be able to make decisions considering external factors and using processes other than the law that make judicial method more subjective‚ adhering to legislation and legal policy but giving more significant acknowledgement to situational factors
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dominant power. The source of law in Australia is coming from two resources which are courts and parliament. Courts enact the judge-made law‚ also called common law‚ Parliament lays down statutory law. From s109 of the Cth Constitution law‚ when there is a contradiction between common law and State legislation‚ common law “prevails”. Common law is stare decisis‚ it allows judges apply doctrine of precedent to later cases having similar facts. When interpreting the law‚ courts makes decisions based on
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precedents are authoritative and binding and must be followed. In giving judgment in a case‚ the judge will set out the facts of the case‚ state the law applicable to the facts and then provide his or her decision. It is only the ratio decidendi (the legal reasoning or ground for the judicial decision) which is binding on later courts under the system of judicial precedent. Any observation made by the judge on a legal question suggested by the case before him or her but not arising in such a manner
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reports from experts that said Masters was not guilty was enough for a judge to allow a new trial. The judge‚ who has the role to ensure justice and holds the ultimate authority and is responsible for balancing the rights of the accused and the interest of society‚ ruled that with all the evidence that was withheld a new trial would be allowed. The new trial found Timothy Masters not guilty and released from jail. Later the judges ruled in wrongful conviction and Timothy was granted millions. The
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that jail would ‘traumatise’ Tadros. As a result‚ the judge has lessened his jail sentence. I think that this is indeed unjust. We should treat everyone‚ especially those with a condition or ability equally. In order to avoid handling similar situations in the future unfairly‚ I think laws should be adjusted to also apply to people who may have conditions and judges should be harsher and not be influenced by those around; evidently the judge felt sympathy for the accused. Tadros has been jailed
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Act‚ the said Commissioner is declared "entitled to the same compensation‚ emoluments and privileges as those of a Judge of the Court of First Instance." The appropriation laws (Rep. Acts 4642‚ 4856 and 5170) in the item setting forth the salary of said officer‚ use the following expression: 1. One Land Registration Commissioner with the rank and privileges of district judge — P19‚000.00. On March 7‚ 1968‚ respondent Secretary of Justice coursed to the petitioner a letter requiring him to
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something very wrong and they normally do not get the chance to even begin to share their side of the story of what they think happened vs. what really may have happened. Court judges believe that the outcome of the trial should have been different‚ but if no errors were made‚ they will not overrule the lower court. The judges make their decisions based only on arguments of how the law should be and interpreted . In lower courts things are a tad different. One thing that differs is that this is
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