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
Free Common law Precedent Stare decisis
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
Free Judge Jury Law
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
Premium Law Prison Judge
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
Premium Supreme Court of the United States Judge Separation of powers
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
Premium Law Jury Judge
Year 12 Legal Studies Crime Portfolio Crime: The Criminal Trial Process 1. Describe the role of the courts in the Criminal Justice Process: (300 – 400 Words) Once a formal charge has been laid against a person‚ a hearing or trial of the accused will need to take place in an appropriate court. There are many courts that have jurisdiction to hear criminal offences. The right court for the matter to be heard will depend on a number of issues this includes: The seriousness of the matter‚ in particular
Premium Jury Supreme Court of the United States Judge
One problem is that attorneys‚ judges‚ and legislatures often get caught up more in procedure than in achieving justice for all Judiciary: The branch of government that is endowed with the authority to interpret and apply the law‚ adjudicates legal disputes‚ and otherwise administers justice. Every society in human history has confronted the question of how to resolve disputes Definition of Court: Court n. any official tribunal (court) presided over by a judge or judges in which legal issues and claims
Free Judge Jury Court
Power &Functions of Courts Introduction: We know that there are two main branches of our legal practices‚ they are Civil matters and another is Criminal matters. Civil matters are dealt by Civil Court and Criminal matters are dealt by Criminal Courts. The both Civil and Criminal Court are divided into to main categories. 1. Higher Judiciary that is Supreme Court of Bangladesh. 2. Sub-ordinate Judiciary. It is a very vast effort to describe all the power and functions of both the judiciary
Premium Law Court Appeal
Worryingly‚ the age at which young people in New Zealand are using cannabis for the first time is dropping. 2 Drugs‚ alcohol‚ and young offenders His Honour Judge John Walker estimates that 80% of young people appearing in the Youth Court have alcohol or drug dependency or abuse issues that are connected with their offending.7 Judge Walker believes that‚ by the time these 15 and 16 year olds come to court‚ their dependency is already well established‚ with many presenting histories of drug and
Free Drug addiction Illegal drug trade Drug
adversarial court‚ the judge tries to remain impartial. In an inquisitorial court the judge plays the role as a fact finder to ascertain the truth. The adversarial system is a contest between two opposing sides. In the adversarial system‚ the accused is presumed innocent until proven guilty. The adversaries are the Prosecutor and the Defense. Each presents their best arguments and facts as about their theories of the case‚ and they show weaknesses in the other side’s case. The Judge is supposed to
Free Jury Judge Adversarial system