The first court I decided to visit was at 393 University Av. on September 11th after my classes and got there on time for a court session at 12:00 pm. The security was very strict. They looked through my backpack and made me take everything out of my pockets. After the security check we started looking for courtrooms with trials going on and I discovered that not much was happening at that time. A very nice woman told me that there was an interesting case happening in room 702 so I headed down to
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decide on how much money should a person be awarded in damages. The jury in criminal cases: Although juries are very important‚ in the criminal justice system‚ they actually deal only in a minority of the cases. Jury can try a case in the Crown Court‚ and if the defendant pleads not guilty and the trial proceeds further‚ they will be tried before jury. Jury trial has been under attack in the recent years. Governments have attempted to reduce the use of juries’ in
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involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal‚ which must follow decisions of the House of Lords. The Court of Appeal must also follow its own previous decisions. Secondly‚ the binding part of a previous decision
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References: Prentice-Hall‚ Pearson Education‚ Inc. (2003). Our Criminal Justice System: Chapter 3 The Courts in Our Criminal Justice System:[Axia College Custom Edition e-text]. Retrieved June 1‚ 2008‚ from Axia College‚ rEsource‚ CJS220-The Court System. Voelkel‚ S. (1997). Pop Culture Skews images of Real-Life Lawyers. Retrieved July 5‚ 2008‚ from http://www.iuinfo.indiana.edu/homepages/0124/default3.htm "Federal judges
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Occasionally the English Court of Appeal has cited to it a decision of the Supreme Court (or‚ until recently‚ the House of Lords) which it finds almost completely incomprehensible. It has a tactful way of signalling this. It does so by taking the unusual course of itself granting permission to appeal‚ rather than leaving it to the higher court to decide. The clear message is “Try again‚ and try harder this time.” For present purposes the decision that the Court of Appeal found so much difficulty
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in the Magistrates Court. Indictable offences are regarded as being more serious and are usually heard in the Magistrates’ court for a committal hearing. The offence may then be committed for trial before a judge in a higher court such as the Crown Court. Following a trial in the Magistrates Court there are two routes of appeal open to a defendant‚ depending on the basis they want to appeal. If they wish to appeal against conviction or sentence‚ thy must appeal to the Crown Court. The automatic right
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difficult to distinguish with obiter. The general rule is that all courts are bound to follow decisions made by courts higher than themselves in the hierarchy and appellate courts are usually bound by their own previous decisions. Precedent within the Hierarchy of the Courts: 1. The Supreme court/House of Lords: The decisions of the Supreme Court are binding on all lower court. They were also binding on the Supreme Court itself as it was reaffirmed in the famous case of “London Tramways Co
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cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law. RATIO DECIDENDI AND OBITER DICTUM The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision)
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what the law is‚ and always was. In jurisprudential terms‚ of the adequacy of the theory but the recent decision of the Court of Appeal (Criminal Division) in R. v Cottrell1‚ R. v Fletcher2 brings into the practical difficulties that may attend adherence to that theory‚ as well as raising the issue of whether or not it is still appropriate to apply it to criminal appeals.3 The court was faced with fall-out from the decision of the House of Lords in R. v J 4. In that case‚ the House had decided that
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Court System Shukeyla Jones CJA/204 November 01‚ 2010 Maxine Craig Court System The modern dual system of courts incorporates both federal and state or local courts. This system is the product of many years of gradual development. Outside this formally established structure‚ however‚ personal relationships between key court participants can guide court proceedings and procedures. This paper will examine the history of the criminal courts‚ the dual system of the United States and modify the
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