Should the courts use judicial activism or judicial restraint? This is a major point in every court case‚ mainly supreme court cases‚ of how should the judges determine the outcome. Should the judges go strictly based off what the law states or should they interpret the law according to how they believe will be correct. Some notable supreme court cases being‚ Brown vs Board of Education‚ Brown v. Entertainment Merchants Association‚ and Korematsu v. US. Most siding with judicial activism over restraint
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COMMON LAW AS A LEGAL SYSTEM Common Law and Civil Law When defined in this way the term ¡§common law¡¨ is used to refer to a type of legal system called the common law legal system. The legal systems of various countries are modeled on the English legal system and these countries are said to have a ¡§common law legal system¡¨. This includes most of the British Commonwealth and the United States. The common law legal system involves such matters as trial by jury‚ presumption of innocence etc
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USU 1300 Is Judicial Activism in the best interest of the American people? Suzanna Sherry reminds us in her working paper‚ Why We Need More Judicial Activism‚ that “an examination of constitutional practice shows that too little activism produces worse consequences than does too much” and since we cannot assure judges are consistently “fair” it is better to be overly aggressive than overly restrained. In the most basic sense‚ judicial activism is when judges apply their own political opinion in
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10. Sources of precedent phenomena. The sources: 1) Folk tales – contains specific plot‚ heroes‚ situations‚ names and places that are passed on from generation to generation: (Br)The Three Little Pigs‚ Jack and His Friends etc. They define the national mindset. (- Ogres are legendary being which are usually depicted frequently featured in mythology‚ folklore‚ and fiction throughtout the world. Ogres appear in many classic worls of literature‚ and more often described in fairy-tales and
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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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advantages and disadvantages of the doctrine of precedent. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. Top of Form Bottom of Form Discuss the advantages and disadvantages of the doctrine of precedent. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. The doctrine of precedent means that judges refer back to previous decisions
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interpret the law and Constitution. However‚ many times Justices get confused about the original intent of the law‚ and therefore interpret it different from what the legislators wrote back then. Since the legislators of the Constitution are not alive today‚ Justices have to try their best to make decisions according to the law. Moreover‚ interpretation of the law from one judge to another can be different. Many times Supreme Court Justices use their own personal political ideology to interpret laws
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Legislative‚ Executive‚ and Judicial. Think about it! The Legislative branch is grouped into Congress‚ The Senate‚ and The House of Representatives‚ this branch is responsible for writing laws. The Executive Branch contains the President of the United States‚ the Secretary of State‚ and the Attorney General. This branch is responsible for making the laws official. Also the Judicial Branch is the United States Supreme Court. This branch is in charge of addressing whether or whether not laws are constitutional
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describes any working pattern adapted to suit workers needs. Flexibility is the The ability of an organisation to adapt the size‚ composition‚ responsiveness and cost of the people inputs required to achieve organisational objectives (Pilbeam and Corbridge‚ 2010). There are different forms of flexibility which are numerical flexibility‚ functional flexibility‚ financial flexibility‚ locational flexibility and temporal flexibility. Numerical flexibility is where employers can change the size of their workforce
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Legal System of HK Seminar 2: Common Law System and Ideology (9/9/13) Substantive justice VS procedural justice Influence of external forces on legal system‚ they interact in the law making processes and affect what is morally right or wrong‚ law is not the only tool responsible for maintain social order‚ people have private life and other systems (social control‚ culture‚ religions…) to guide people’s life and behaviours LAW: Certainty‚ predictability‚ there should be an authorities to
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