$5000 and no other punishment. What a big difference cases and punishment! Do you think the judge is fair enough? They are not the only cases existed in Hong Kong. There are numerous cases like the two cases I have mentioned. Needless to say‚ you must agree that the judgment for above case is totally inappropriate. Someone may argue that all the judgments are after deliberate consideration and the judges are all sophisticated and have ample experience of making judgment on various cases. But one
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October 28‚ 2009 Courts Courtroom Observations On October 8‚ 2009 I attended a general sessions court at the Lexington County Courthouse. At this time the Judge was hearing guilty pleas. There were many people in the rather large courtroom that day. The courtroom was much larger than the one I had visited during drug court here in Spartanburg. Before the day’s session began I could see many defense attorneys going over their cases with their clients‚ some of whom were wearing bright orange
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of Discretion By definition‚ discretion means freedom to act or judge on ones own. With this privilege‚ evolves both pros and cons. A major problem which may occur are inconsistencies with the law. The same type of crimes may be given different punishments by judges. This would create controversy and accusations of prejudice and bias would certainly evolve. If the law were emphasized on discretion‚ the power would be mainly in judges and government official’s hands. It would be their responsibility
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information is used to analyze cause/basis and motive for the crime committed. 2. Schellenberg states that "The law is made by judges." Do you agree with him? Why or why not? I agree with Schellenberg. Judges interpret law and apply it to a case to help determine a verdict. The Supreme Court also has the power of judicial review; they have the power to review the nation’s law and judge whether it’s Constitutional or unconstitutional (meaning whether or not the law should be allowed under the Constitution)
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role of the judge? The role of the jury? What is meant by the statement‚ “the burden of proof of guilt in a criminal case is on the prosecution throughout the trial”? Prosecutor- The prosecutor must determine what evidence needs to be introduced‚ but also how that evidence is produced and consider the appropriate time in which to display evidence throughout the trial. Judge- A general rule states that trial judges have the inherent power to admit or exclude evidence at trial. A judge is there
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Framework Law clerks could have most influence during the period of acclimation when justices defer to them for support. The higher level of deference may signal that judges has become acquainted with the clerk. Whatever job someone may be in‚ it is perceptible that one will become familiar with whom one works. Through association‚ people often share ideas and views amongst their peers‚ and in effect‚ are more susceptible or swayed to ideals of those closest to them. From casual or formal circumstances
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in the court room waiting for the judge and prosecutor to arrive and begin court. At the beginning of the court session‚ the Judge gave an opening statement explaining court procedures‚ the defendants’ rights and such penalties that may unveil. As each case is called‚ the Judge will individually advise each Defendant of his or her rights. A case may be postponed to permit the Defendant to hire a lawyer. If the Defendant wishes to go ahead without a lawyer‚ the Judge will ask for his or her plea. If
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of rationale view and logic expressed therein and not merely on fortuitous circumstances. 3. Smallest bench of the High Court consists of single judge‚ division bench is of two judges and the bench consisted of more than two judges is called full bench. The decision of larger bench is binding on smaller as well as coordinate bench. Thus‚ a single judge bench should follow not only the decision of division bench and full bench’ but also of coordinate single bench. In case single bench wants to take
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$ 1‚026 over a period of two years. She refused to accept the award contending that it was unconstitutional in that if she were not barred by the Act to sue her employees for negligence she could expect to get much higher damages. She applied to a Judge of the Federal Court for leave to commence proceedings in the Federal Court for a declaration that the Act was inconsistent with various provisions of the Constitution and further for a declaration that the Act is void to the extent of such inconsistencies
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McDonald’s CORPORATION v. TOWN OF EAST LONGMEADOW & others The selectmen and the building inspector of the town. No. 86-243 Appeals Court of Massachusetts 24 Mass. App. Ct. 904; 506 N.E.2d 172; 1987 Mass. App. LEXIS 1872 April 16‚ 1987‚ Decided Parties: Plaintiff: McDonald’s CORPORATION，fast food chain sought review of the decision from the Superior Court (Massachusetts)‚ which affirmed the denial of the fast food chain’s application for a common victualler’s license in an action
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