embarrassment from denouncing that the law can no longer bring justice to the case in hand. Then‚ J. Keen made a distinction between how he feels as a private person and what he should do as a judge; he pointed out in his opinion that he would have pardoned the defendants if he was the Chief Executive‚ however as a judge‚ he has to convict them according to law. Finally‚ J. Handy spoke his mind frankly by stating that the defendants are innocent as the public opinion seeks so. He elaborated that his colleagues
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there is one topic where people are innocent until proven guilty. It is an actual presumption where the judge and jury assume they are innocent until they show otherwise. That is why a defendant can remain silent‚ “plead the fifth‚” or propose evidence to his or her assumption of innocence. In another defense case of a criminal charge is when the prosecutor demonstrates the jury or the judge that there is no reasonable doubt of the defendant’s guilty. When reasonable doubt is at hand‚ then the
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stare decisis’ (stand by what has been decided). Precedent can either be declaratory precedent or original precedent. When a case is brought before a Court‚ the facts of the case has to be established by the court. After the facts are established‚ the judges will formulate and apply the relevant legal principle (the law) and reach their conclusion and decision. In accordance to doctrine this principle may form a guide for future cases. It can either be binding or persuasive. The general is‚ were the subsequent
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Secondly‚ we will examine the education system before and after the 20th century. Here‚ we will look at changes‚ if any‚ that have been made to accommodate more of a diverse make up of judges. Lastly‚ we will look into discrimination‚ and if this plays any factor in the current judiciary. Picture in your mind‚ a judge in court. Almost everyone will have a similar image; an older gentleman‚ most likely middle class in a flowing gown and a white wig upon his head. This stereotype seems to be almost ingrained
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Malaysian judicial structure can be divided into 2 section which are : 1) Superior Courts Federal Court‚ Special Court‚ Court of Appeal and High Court 2) Subordinate Courts Sessions Court‚ Magistrates’ Court and Court for Children “Promotion of judges‚ wherever such a system exists‚ should be based on objective factors‚ in particular ability‚ integrity and experience.” — Clause 13 of the United Nations Basic Principles on the Independence of the Judiciary — 3.0 THE SUPERIOR COURTS 3.1 THE
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Japan’s Civil Law System Gwen‚ Simmons Japan’s Civil Law System The purpose of civil law is to resolve non-criminal disputes. These disagreements may occur over the meaning of contracts‚ divorce‚ child custody‚ property ownership‚ either personal‚ or property damage. Civil courts are a place where decisions can be made to solve problems peacefully. The goal of a civil court is to provide legal remedies that ultimately solve problems. Civil law can be based on state or federal statute
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of the Supreme Court said‚ “The jury has the right to judge both the law as well as the fact in controversy.” So what is jury nullification and how does it influence courtroom proceedings and judicial practices? The definition of jury nullification according to thefreedictionary.com website jury nullification is defined as a sanctioned doctrine wherein members of a jury disregard either the evidence presented or the instructions of the judge in order to reach a verdict based upon their own consciences
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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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