Court

Knowledge skills and methods in the probation service

This case study concerns a young white man, ‘AJ’, and will detail the problems that he experienced when he came into contact with the Criminal Justice System because of his prejudicial treatment by a key member of court staff, how this impacted on his outlook and behaviour and how I worked with him to put […]

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Evaluate the contention that the Court of Appeals determination

‘This Court is a court of law, not of morals, and our task has been to find, and our duty is then to apply the relevant principles of law to the situation before us- a situation which is quite unique’. [1]Lord Justice Ward delivered the leading judgement in Re A clearly stating this early in […]

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How judges decide cases

In this quotation from South African Constitutional Court Justice Albie Sachs, taken from the chapter ‘Tock Tick: The Working of a Judicial Mind’, in his book ‘The Strange Alchemy of Life and Law’; he is merely describing what he has lived through as a judge preparing a judgment. He endeavours to do this by explaining […]

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The potential successes and weaknesses of the African Court of Human Rights

The establishment of an African Court of Human and People’s Rights (ACHPR) is a landmark moment in international human rights law. With the recent election of judges to its first bench, there is a growing anticipation for its impact on a continent with a dismal record in human rights violations. However, critics are mindful of […]

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Court of Justice

This is the decision from the Court of Justice (CJEU) within the 6th Chamber of 16 January 2003 whereby Italian legislation required cocoa and chocolate products containing vegetable fats other than cocoa butter to be sold in Italy only under the name “chocolate substitute” on the grounds that the need for consumer protection was vital. […]

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European Court of Justice has consistently refused to award EU law protection

The European Court of Justice has consistently refused to award EU law protection to cases it defines as purely internal to a Member State (Maduro, 2000). This non-involvement by the ECJ has brought about numerous problems and criticism. Maduro, (2000) suggests that the concept of purely internal situations has been mainly used to justify the […]

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Legal Theory

To understand the point of law that that the Judges applied to this case, we must first try to understand the material facts of the case. The appellant, who herself had been taking into care by the respondents at the age of 11, and whilst under the respondents care; she became acquainted with a young […]

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Public Interest Litigation

Public Interest Litigation is a good thing when it is used to enforce the rights of the disadvantaged. But it has now been diluted to interfere with the power of the government to take decisions on a range of policy mattersJudicial activism is not an easy concept to define. It means different things to different […]

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Is the Judiciary Really the Weakest Branch of Government

Judicial Branch is established under Article III of the Constitution. It was created to be the weakest of all three branches of government. Each branch has its own characteristics, but what distinguishes this branch from other two is that Judiciary is passive. It cannot act until someone brings case in front of them. Even if […]

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Principle of Plain View

The principle of plain view has changed over time. In the case of Harris v. United States, the Court declared the evidence taken as a result of opening the door of a car which is believed to be used by the offender (390 U. S. 234). In this case the plain view doctrine was used […]

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Second amendment

There are few issues in contemporary American society that commands as much response as does the issue of the 2nd amendment. Since the inception of the Bill of Rights in 1791, the 2nd amendment has read: “a well organized militia, being necessary to the security of a free state, the right of the people to […]

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John Glover Roberts

In July 2005, President George W. Bush set off a media whirlwind by announcing that he was nominating John G. Roberts as chief justice of the United States Supreme Court. Technically, the vacancy was created with the announcement of the impending retirement of Sandra Day O’Connor, the first woman to serve as an associate justice […]

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Transferring Juveniles to Adult Court

The Juvenile Justice System has been around for centuries. The underlying reason for separating juveniles from adult criminals is simple; the system believes that children are less guilty or culpable for their criminal acts and they are easier to rehabilitate and reform as compared to adult offenders. Thus, the system’s goal is to investigate, diagnose […]

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Court Observation

My courtroom observation was completed at Supreme Court of New South located at Phillip Street, Sydney. The proceeding that I chose to attend within the Court was listed in the Commercial List, at courtroom 11C. On arrival to the court, I was stopped at the security checkpoint where guards checked my books and asked me […]

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Racial Minorities

American system of justice is still full of racial issues. Though the economic and racial issues continue to escalate, the criminal courts are making inefficient steps forward in regards to establishing the equality in the criminal system. The disparities of wealth and racial discrimination are gradually becoming fatal and alarming. Racial bias play a great […]

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Manotoc vs Ca Digest

Ricardo Manotoc Jr. was one of the two principal stockholders of Trans-Insular Management Inc. and the Manotoc Securities Inc. (stock brokerage house). He was in US for a certain time, went home to file a petition with SEC for appointment of a management committee for both businesses. Such was granted. However, pending disposition of a […]

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Planned Parenthood v. Casey

The case of Planned Parenthood of Southeastern Pennsylvania, et al. v. Casey (1992) is a suit for declaratory and injunctive relief, filed by five abortion clinics and a physician who provides abortion services, representing the class of physicians who similarly provide such services. (FindLaw). They question the constitutionality of five provisions of the Pennsylvania Abortion […]

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Eddings v Oklahoma

In the USA, the issue of capital punishment is still one of the most debatable and controversial questions in legal practice. In the 1982 case of Eddings v Oklahoma, the U. S. Supreme Court overturned the death sentence of Monty Lee Eddings, who had been sixteen at the time of his crime, on the grounds […]

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Cooper V Austin

* This is a will contest case involving a codicil to the Last Will and Testament of Wheelock A. Bisson, M.D., deceased. * Dr. Bisson’s will, which is not contested, was executed June 18, 1982. Prior Proceedings: * Dr. Bisson died in 1985, and shortly thereafter Greer filed a petition in probate court to admit […]

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Courtroom Standards Analysis

There are a number of individuals who make up the courtroom personnel. Each individual whether it be the judge, bailiff, court reporter, courtroom clerk, prosecutor, defense counsel, jury, defendant, or witness contribute to the shaping of legal law. The judge who presides over the trial has the ultimate authority in the courtroom. “The judge must […]

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Case Study Strauder V Allsright

The case study “Parking Lot’s Liability” is an actual court case, Allright, Inc. v. Strauder. Plaintiff brought suit alleging that as a result of defendant’s negligence, his automobile was stolen from a parking lot operated by defendant. Signs were located throughout the parking lot which stated that the lot closed at 6 o’clock p.m. and […]

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Hierarchy of Courts

Explain the hierarchy of courts in Malaysia. Discuss in details. Law is defined as any system of regulations to govern the conduct of the people of a community, society or nation. It is the governmental response to society’s need for both regularity, consistency and justice based upon collective human experience. A statute, ordinance, or regulation […]

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