ARTICLE VIII JUDICIAL DEPARTMENT Section 1. The judicial power shall be vested in one Supreme Court and in such 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 the Government. Section
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Which selection method would you recommend using? Provide an example and explain both the benefits and negatives attributed with this method. It is very important to choose a right candidate when hiring. Human capital is number one priority in organization. Either a small company with 5 employees or big company with thousands of employee‚ selecting right candidate is crucial and necessary. Workers are the fundament of the organization. Many different selection methods are studied and tested. Today
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Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL)‚ citizens are getting access to justice. Judiciary has become the centre of controversy‚ in the recent past‚ on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic
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practiced. I noticed that the judicial branch usually restrain themselves from involving in critical civil policy‚ but will be active when the time comes when the general public‚ in which the case is decided‚ feels a change is needed. We have enough evidence to see how our judicial branch should act. Should the judicial branch be more active towards shaping American policy or restrain as long as possible before being forced to act upon very critical civil policies? Judicial activism is the view that
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exemplifies the protection of civil right and liberties with judicial activism. When the rights of the American citizen are on the line than the judiciary should utilize the powers invested in them to protect and enforce what is constitutional. However‚ in times of controversy‚ where personal preference or aspects of religious or personal nature are at hand‚ the judiciary should exercise their power with finesse‚ thereby acting out judicial restraint. An example of such is in the case of Engel v.
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Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so well known or established that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or any other rule of evidence‚ and even if one party wishes to lead evidence to the contrary. In India the concept
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Judicial Discretion Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States‚ judicial discretion is one of the fundamental tenants of the system of law‚ and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion‚ although their discretion is not unlimited. This study focuses on a series of legal‚ extralegal‚ and systemic variables presumed to affect the workings of criminal-justice
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6 Judicial Activism in India Chief Justice P.N. Bhagwati Last fall the Law School was honored by a visit (rom Indian Chiefjustice Praiullachand Natwarlal Bhagwati. Justice Bhagwati came as the guest of Prof Marc Galanter‚ himself an expert on Indian law and a consultant to the Indian government in the Bhopal disaster. Bhagwati is the 17th chief justice of the Indian Supreme court‚ and follows his father as a justice of that court. India Today called Bhagwati‚ ’~conscious disciple of Felix Frankfurter
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The Judicial System Donna Sarvis CRJ 201 – Introduction to Criminal Justice Instructor – Michael Pozesny July 29‚ 2013 The Judicial System In the United States the criminal justice system consists of three branches‚ Judicial‚ Executive and Legislative. Each of these branches has its own individual duties that they have to perform. For this paper I have chosen the Judicial Branch and its differences from the other two branches‚ this paper will discuss and clarify exactly what the Judicial Branch
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The area of law in which this question is concerned is judicial review. Judicial review can be defined as ‘… the means by which the Courts control the exercise of Governmental powers.’ The Courts will look at the way in which a decision was made‚ not the decision itself‚ to find out if any powers have been abused. Judicial review is an application to the Courts to assess an action or decision made by a public body on a point of public law. A particular decision may be found to be in breach of natural
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