Judicial Branch Test Review Original Jurisdiction: The original jurisdiction of a court is the power to hear a case for the first time‚ as opposed to appellate jurisdiction‚ when a court has the power to review a lower court’s decision. Supreme Court: The Supreme Court of the United States (first abbreviated as Scotus in 1879)[1] was established pursuant to Article III of the United States Constitution in 1789 as the highest federal court in the United States. It has ultimate (and largely discretionary)
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Dangers of Judicial Activism in Australian Courts Far Outweigh any Advantages’. Discuss this statement. Judicial activism is described in Black’s Law Dictionary as "a philosophy of judicial decision-making whereby judges allow their personal views about public policy‚ among other factors‚ to guide their decisions‚ with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent." (http://dictionary.sensagent.com/judicial+activism/en-en/)
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Judicial Activism is a case where the Supreme Court interprets the Constitution in a manner not previously covered either by precedent or by law‚ thereby changing what was once considered to be legal or illegal‚ depending on the circumstances of the case. Basically‚ it is going against the set precedent. This is a view point most often held by reformists‚ ones that want to change the current standards of society. On the other hand‚ Judicial Restraint is the antithesis of Judicial Activism‚ where
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"[The Judicial Branch] may truly be said to have neither FORCE nor WILL‚ but merely judgment” Hamilton explained when analyzing the Judiciary’s initial intent. Article 3 section 1 of the Constitution grants the Supreme court “The judicial Power of the United States.” this power can be given to inferior courts such as circuit and district courts as “Congress may from time to time ordain and establish.” Later‚ in article 3 section 2‚ the Judicial branch is granted power that “extend[s] to all Cases
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The Judicial Branch is the most important branch of the United States government‚ due to the significant role it plays in interpreting and determining if laws are constitutional. Even though the Judicial Branch is the smallest in size and has smallest budget of any branch in our nation’s government‚ it exercises enormous power and is equal to other branches of the government because it has the power of Judicial Review. Judicial Review is the review by the US Supreme Court of the constitutional validity
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Judicial Department Article VIII‚ 1987 Constitution SECTION 1. The judicial power shall be vested in one Supreme Court and such in lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable‚ and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
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Constitution does indeed provide a system of separation of powers and checks and balances. With this being said‚ all separated powers are completely and totally equal‚ all three of them. The three different powers are the Executive‚ Legislative‚ and Judicial Branches. The division of power into separate branches of government is central to the idea of the separation of powers. All the branches have their own duties and responsibilities that are a huge impact on our Nation. The Executive Branch is the
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For far too many years judicial corruption has been a problem in our society‚ but how do we explain the difference between moral and unethical corruption? Within our police system in America‚ there are gaps and loopholes that give leeway to police officers and individuals in the judicial system‚ which either abuse their authority or not a great representation of the ethical standards that they are expected to enforce. Because of the nature of police officers‚ there is a potential for deterioration
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Judicial precedent signifies the practice whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent is a practice of the court that provides guidance to the judges when they apply case precedents. Black’s Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases‚ which helps provide certainty‚ consistency and
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THEORETICAL BACKGROUND Judicial activism has become a subject of controversy in India.1 Recent and past attempts to hinder the power of the courts‚ as well as access to the courts‚ included indirect methods of disciplining the judiciary‚ such as supersession of the judges2 and transfers of inconvenient judges.3 Critics of judicial activism say that the courts usurp functions allotted to the other organs of government. On the other hand‚ defenders of judicial activism assert that the
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