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Advantages and disadvantages of common law as a legal system
Advantages and disadvantages of common law legal system
Differences between civil and common law
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However, the main affect this decision has on today’s society is the way justice must be carried out in the court of law and the way a person’s rights should be protected even if they’re guilty or
To begin with, in the judicial system, there is an ongoing dispute over what compromises the proper amount of judicial power. This lack of agreement concerning policymaking power of the Courts is bestowed within the discussion between judicial activism and judicial restraint. In general, these two philosophies represent the conflicting approaches taken by judges in their task of interpretation. Consequently, the Court’s decision could be framed in terms of activism or restraint by either changing or upholding public policy.
The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.
Annotated Bibliography: Australian Court System Annotated Bibliography Opeskin, Brian. 2013. The state of the judicature: A statistical profile of Australian courts and judges. The Sydney Law Review, 35, (3): 489-517. This article by Opeskin (2013) aims to provide a detailed account of Australian courts that accurately reflects how it functions today.
People who don’t help others should be punished because they don’t fulfill their ethical responsibility and someone could lose their life because of it. If we see someone who needs help, do we stop? There is so much suffering and poverty out there. In the article “ Can the law make us be decent” by Jay Sterling Silver, the author have talked about how oblivious people should get punished for not required to do anything to help when someone is in danger. People should be punished for not assisting others in an emergency because someone life will be at risk if there’s no help.
I believe that the federal justice system is just and unbiased. The federal justice system has guidelines and rules to keep them from using power improperly and targeting groups of people based on their race. This is talked about in article “Is the Criminal Justice System Racist”. There are statistics given pertaining to the prison sentences given to African Americans, prosecution during a felony trial, and crime/prison rates.
The first major court case to influence our treatment of juveniles today was the Kent v. United States. The case overall, made an impact on the treatment of juveniles today because now juveniles have a right to an attorney, the parents must be notified and either parents or a lawyer must be present during an interrogation, and juveniles must be reminded of his or her right to silence. The main thing that this case influenced was that courts must allow juveniles the right to defend themselves and to be heard when transferring a juvenile over to the adult system. A second major court case was In re Gault.
Australia is a Democracy Never before have there been so many democracies in the world or so many competitive elections conducted at national, subnational and region levels. Democracy is now prescribed as inseparable from good governance and an antidote to corruption. The key aspects of what makes Australia a democracy being the electoral role, Australian Electoral Commission (AEC), referendumsm, the rule of law The separate colonies of Australia gained self-government during the nineteenth century and less than half a century later Australia became the first nation to vote itself into existence through popular referendum. How does Australia’s democracy in today’s modern age stack up on those early days of a fledgling democracy.
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).
The Editorial Board’s claim contradicts itself when the editorial mentions the name of three justices “whose disdain to the law has always been clear” (Editorial Board, 2). The contradictory claim overlaps making it clear the failure in
[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
Parliamentary system is a general government system are used in many countries, there are two types of parliamentary democracies, the Westminster (originates from the British Houses of Parliament) and consensus systems. A parliamentary system is a bicameral system with two chambers of parliament, House of Senate and House of People. The representative mostly from the election, who won the voted. This system were divided into three component executive, legislative and judiciary. Normally parliamentary system related with constitutional monarchies, this mean the ruler as head of state in the country while the head of government usually a member of the legislature.
Lord Denning (Maduka 2010 cited Denning 1979), the most famous English lawyer of the 20th century known as the ‘people’s judge’ argued
In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding. Ratio decidendi should be distinguished from a judicial decision, as the latter is a wider concept and contains the ratio decidendi, whereas the former is a principle that carries the force of law. In another reference, Professor John Chipman Gray
Material Sources: Material sources of law includes: • Historical Sources: Suppose no statutes exist, then court refers to common law or case law. The principles or set of rules framed traditionally in an unauthorized or in an unofficial way, but are adopted and endorsed as rules, and decisions are made on them as well. Such sources are outlined as COMMON LAW OF EQUITY. The essential characteristic of common law is that it ascends as precedent. When the parties have disagreement on the law, then court looks for previous rulings and precedents on it.
