December 1‚ 2008 Legal Actors I: Lawyers and Advocates Review Last Class – Judicial Decisions Stare Decisis: previous cases and the application of their judgement to a present case‚ basic way judges make their decisions in the common law system Three rules of interpreting legislation Charter & Judicial Review Balance of powers between the three arms of govt‚ but with the charter the courts get a new power – new ways to strike down legislation‚ slap down the power of the executive if it is contradictory
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effect in 1994) * Code determines the principle to be applied Common Law Legal System * Judge made law * A system of justice developed by judges‚ in which judges were required to follow each others decision * Based on precedent or “stare
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Hurst v. Florida 577 US _ (2016) 2. The petitioner‚ Timothy Hurst‚ was convicted of first degree murder and the jury recommended the death penalty to the judge in Florida‚ who then sentenced Hurst to death. Hurst appealed to the Florida Supreme Court and was granted resentencing. The Florida Supreme Court rejected Hurst’s argument and reaffirmed his sentence. The Supreme Court of the United States granted certiorari. 3. Hurst had bound‚ gagged‚ and then stabbed his coworker over 60 times during
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oversight by the United States Congress on the Executive Branch‚ including the numerous U.S. federal agencies. Precedent: an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. Stare decisis: a doctrine requiring that judges apply the same reasoning to lawsuits as has been used in prior similar cases. What article created the judicial branch in the
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BA 3301 Test 1 Review Chapter 1 Equity vs. Legal Action * Court of Equity – the court will hear what is fair‚ and the outcome is based on factors not contract terms. * Equity – seeks a remedy when there is no available remedy at law. Deals with fairness in justice‚ usually stemming from natural law. Injunctions‚ court orders‚ restraining order. Civil action. * Court of Law – “black letter law” you did or did not do something. * Legal action – action typically for money damages
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Levels of Government On the local level‚ there are usually city and county ordinances. Some ordinances include "noise laws" that restrict the amount of noise allowed in a neighborhood‚ weight limits on vehicles on certain roads‚ and "leash laws" for pets when they are outside. Another increasingly common ordinance is the banning of skateboards and inline skates in public parking lots. State laws have a wider impact than local ordinances. They set speed limits‚ define criminal acts‚ and regulate
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STATUTORY CONSTRUCTION PRELIMINARY CONSIDERATIONS 1. Statutory Construction - is the art or process of discovering and expounding meaning and intention of the authors of the law‚ where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law - is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text‚ conclusions which are in the spirit‚ though not
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Chapter 1 describes Gideon�s claim to the Supreme Court (hereafter simply the Court).Gideon petitioned the Court in forma pauperis‚ in the manner of a pauper.An in forma pauperis petition exempts indigent plaintiffs without having to pay the normal fees associated with the petitioning the Court and also provides for wide discretion in the filing of affidavits for the Court.Lewis states that the Court�s �Rule 53 allows an impoverished person to file just one copy of a petition‚ instead of the forty
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a suggested verdict. Which of the following is the appropriate term for that type of procedure? Answer Selected Answer: Private jury trial Correct Answer: Summary jury trial Question 2 5 out of 5 points Correct The doctrine of stare decisis means Answer Selected Answer: to abide by decided cases Correct Answer: to abide by decided cases Question 3 5 out of 5 points Correct A lawsuit may be resolved before trial by the judge granting a[n] Answer Selected Answer:
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“Got Milk?” A Violation of Free Speech Our history shows that the United States Supreme Court mandated that the First Amendment would not allow the government to force speech on individuals and that it would not prevent individuals from speaking. Even though this amendment appears to be very forthright‚ there have been numerous free speech issues that violate free speech and are proven to be unconstitutional. A free speech issue that is currently being discussed today has to do with the promotion
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