The Role of Forensic Accountants in the Development of Judicial Process By: Nnoruem Timothy O. M.Sc Accountancy PROBLEM STATEMENT In recent times‚ the world has witnessed the failure of large corporate organizations which has been attributed to large scale fraud by Directors in connivance with auditors. There is the case of Enro in the U.S‚ Parmalat in Italy and many cases in the U.K such as Polly Peek‚ Maxwell communications and BCCI. This development brought about in
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1 Judicial Control of Administrative Action in India and Writs One of the important field of the study of the administrative law is the „‟Judicial Control of Administrative Action in India. Today the power of the administrative authorities become very strong and thus it resulted different complications and repercussions in the socio-economic field in India. Therefore‚ considering the day to day increasing power of the administrative bodies judicial control is become an important area of the administrative
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Methods of judicial selection vary substantially across the United States. Though each state has a unique set of guidelines governing how they fill their state and local judiciaries‚ there are five main methods. The five main methods are partisan elections‚ nonpartisan elections‚ legislative elections‚ Gubernational appointment‚ and assisted appointment. There are five basic methods of judicial selection‚ but it is important to note that no two states use exactly the same selection method
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doctrines are the judicial precedent and the statutory interpretation. The judicial precedent is a major source of law that follows a Latin phrase “stare decisis” which refers to the obligation of courts to honor past precedents (Tufal‚ 2012). These past precedents are able to affect the development of law‚ as they can be binding‚ persuasive or original in nature towards future cases. However‚ in order to fully understand how judges can develop the law through the doctrine of judicial precedent‚ it
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The executive and the judicial branches of government affect my life daily‚ the Judicial branch explains and analyzes laws‚ making certain that they are not violating the principles for which the Constitution stands for. For example‚ the judicial branch deals with court cases and we as citizens may be asked to be a juror on a case. The executive branch’s job is to put into action and manage laws that Congress passes only after they have been analyses by the judicial branch. The President is the head
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Madison case created the judicial review. In the judicial review‚ Chief Justice John Marshall extended the power of the Supreme Court. He set out three principles. The first principle was that the Constitution is the supreme law of the land. The second principle was when a conflict emerges between the Constitution and any other law the Constitution must be followed. The final principle was that the Judicial branch has a duty to approve the Constitution. The powers of judicial review served as an important
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Course: HM323 Date: February 13th 2013 Topic: The Privy Council vs. Caribbean Court of Justice The Privy Council vs. Caribbean Court of Justice At the center of the judicial system in the Commonwealth Caribbean lies the English Judicial Committee of the Privy Council. "The Judicial Committee of the Privy Council is primarily the final Court of Appeal for those Commonwealth territories which have retained the appeal to Her Majesty in other matters."’ The Privy Council is an institution
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Judicial legislation: Practically‚ every enacted law on a probing analysis reveals certain gaps which the judiciary is expected to fill up by way of interpretation. This is popularly known as “Judicial Legislation”. Such filling up is however expected to be done in consonance and conformity with the constitutional dictates and confined to the extent permitted by the Constitution which distinguishes it from being branded as an instance of “Judicial overreach” Do Judges make law? The traditional
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The system gives all three branches a specific thing that they are in charge of looking over and making sure it is done correctly. For instance‚ the legislative branch is in charge of making the laws that everyone is expected to follow. Then‚ the judicial branch must interpret the laws so that everyone can clearly understand why it is a law. Lastly‚ the executive branch has to enforce the law and make sure that no one is breaking it. This system is used to prevent the government from becoming too
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Legal cases Marbury v. Madison:(1803) Judicial review In 1801‚ Justice William Marbury was to have received a commission from President Adams‚ but Secretary of State James Madison refused to issue the commission. Chief Justice Marshall stated that the Judiciary Act of 1789‚ which was the basis for Marbury’s claim‚ conflicted with Article III of the Constitution. Marbury did not receive the commission. This case determined that the Supreme Court and not the states would have the ultimate word
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