ipl-logo

Cons And Disadvantages And Disadvantages Of Court Practices

1540 Words7 Pages
bulb-icon

Recommended: Disadvantages of judicial precedent

ADVANTAGES AND DISADVANTAGES OF
ALTERNATIVE DISPUTE RESOLUTION

1.0 Introduction

The courts are the focal point of our legal system as they provide a formal setting for the final settlement of many of the disputes that occur in our society (Keenan and Riches, 2007: 51). The disputes/conflicts may be between individuals or, where a breach of the criminal law has been alleged, between the state and one of its citizens. As the matter is brought before the court by the disputing parties, it is the function of the court to establish the facts of the case through litigation, identify the legal rules to be applied and to formulate a solution – ruling/settlement; Keenan and Riches (2007: 51) further writes. Once a ruling is made on a case by the courts, especially the upper courts, the ruling not only has an immediate impact on the parties concerned, but it also affects similar cases which may arise in the future as a result of the application of the doctrine of judicial precedent. Courts provide a formal method of settling disputes by means of legal action or procedure known as litigation. Many at times the courts are overwhelmed with cases such that there is a huge backlog of cases and sometime litigation may not be ideal for businesses which have a going concern. This, and many other drawbacks of pursuing a court action necessitate most people to seek way of settling disputes outside the court system (Keenan and Riches, 2007: 51). These alternatives to the formal court system or
Show More
Related
167 Words | 1 Pages

The quality of judges would without a doubt increase if they were appointed. However, I do not agree with the idea of judges being appointed. When looking at the partisan aspect you notice several possible issues with one issue being, is that individual the right person to do the job. Partisan election of judges allows for an individual that may not be as qualified for the job to be elected into the position. Nevertheless the partisan election of judges gives the voters what they want based on party affiliation along with qualifications.

Read More
363 Words | 2 Pages

This week we are to write about the Judicial Branch. I have chosen the high and almighty U.S. Supreme Court. Section 1 of Article III of The Constitution states that there should be a sole high court, the Supreme Court, that shall have the vested judicial powers of the United States. (The Constitution) The Federal Judiciary Act of 1789 was the landmark statute that was introduced in the first session of the United States Congress.

Read More
1183 Words | 5 Pages

Court-Packing Plan Predicament War Throughout the years, mankind has helped its people to the best of its ability; however, the things that people do for others are not necessary the right choice for everyone involved. After the fall of the “Roaring Twenties,” the Great Depression came forward bringing troubles for America economically, politically, and socially. After President Herbert Hoover left office, the American people developed a sense of hope as President Franklin Delano Roosevelt embarked on coming up with programs that would help America; This plan was named “FDR’s New Deal which brought about a new era: The New Deal Era. After having some articles fail to pass, President Roosevelt had a plan for the Supreme Court that soon had effects of distraught and anger on the American people. This was known as the Court-Packing Plan incident.

Read More
906 Words | 4 Pages

INTRODUCTION The United States incarcerates a greater percentage of the population than any country in the world (CBS, 2012). According to the US Bureau of Justice Statistics, over 2.3 million adults were incarcerated in federal and state prisons, and county jails in 2013. There are an additional 820,000 people on parole and 3.8 million people on probation (Wagner & Rabuy, 2016) Jail and prison differ primarily in regards to the length of stay for inmates.

Read More
949 Words | 4 Pages

With millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out.

Read More
635 Words | 3 Pages

The court structure in the United States is comprised of a dual court system. The dual court system consists of “one system of state and local courts and another system of federal courts” (Bohm & Haley, 2011, p. 274). Although the system has a separate court system for state and federal court, they do connect in the United States Supreme Court. Each court has various levels of jurisdiction to hear and make decisions over cases (Bohm & Haley, 2011).

Read More
429 Words | 2 Pages

Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).

Read More
840 Words | 4 Pages

Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.

Read More
1044 Words | 5 Pages

Let us break down what justice is; justice is behaviour that is just or fair. So the justice system is the system that enforces the law which involves apprehending the accused, prosecuting the accused, defending the accused, sentencing and punishing the guilty. The justice system makes sure that every citizen is heard for and is helped according to what has happened to them. The criminal justice system today When a person commits a crime there are different levels of punishment and decision making if a person has committed a minor crime like speeding, littering, shoplifting, prostitution, vandalism being drunk, possession of drugs etc.

Read More
245 Words | 1 Pages

What is the “Due Process?” The due process is a fair Treatment through the normal Judicial system, especially as a citizen’s entitlement It respect all legal rights that are balances the power of law of land and protects the individual person. What does it do?

Read More
1479 Words | 6 Pages

Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).

Read More
420 Words | 2 Pages

Specialized Courts Specialized courts are commonly known as the problem-solving courts that promote positive reinforcement, support behavior modification, decrease victimization, and reduce recidivism. Examples of specialized courts include drug court and mental health courts. A community might benefit from establishing a specialized court such as a drug court because it follows a comprehensive model that concentrates on reducing criminal actions through treatment and rehabilitation services with the focus being on substance abuse addiction and identifying the cause without jeopardizing public safety and due process (Specialized Courts, 2013).

Read More
2091 Words | 9 Pages

Batley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.

Read More
1268 Words | 6 Pages

[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law

Read More
3020 Words | 13 Pages

Introduction Civil Justice System The civil justice system exists in order to enable individuals, businesses, and local and central government to vindicate, and where necessary, enforce their civil legal rights and obligations, whether those rights are private or public. It ensures that the rights and protection of citizens are called for. The rule of law dictates that government should not abuse their powers as per AV Dicey’s concept of the rule of law. In addition, the civil courts endorse economic activity, allowing contracts to be made between strangers because rights are taken care of in the courts if they are breached.

Read More

More about Cons And Disadvantages And Disadvantages Of Court Practices

Related Topics

Open Document