Case: South Carolina v. Christopher Frank Pittman (Findlaw, 2008) Facts: That Pittman, shot and morality wounded both his grandparents, Joe Frank and Joy Pittman, with a .410 shotgun. Appellant was 12 years old at time of alleged incident, he was abandoned by his mother, and his relationship with his father was abusive. Prior to moving in with grandparents, appellant had been committed to an inpatient facility, where he was on the antidepressant Paxil, soon he was released and permitted to live with grandparents (Findlaw, 2008). .
The case of Miss V. Strong could be heard in either the Magistrates court or the Crown court as Grievous bodily harm (GBH) is a triable either way offence, however it would depend on the severity of the offence. If her case was GBH section 18 her case would be heard in the Crown court if it was a section 20 her case could be heard in both courts. Initially, the Magistrates decide on whether a case is serious enough to be heard in the Crown court or if it will stay in the magistrate’s court. If they decide it will stay in the Magistrates’ court, the defendant is then given the opportunity to choose what court it should take place in.
Legal Studies How well does the Australian Legal System deal with the contemporary issue (drug use and the law) The Australian legal system was developed from the legal system of Britain originally, between 1855 and 1890 the British parliament granted a limited right to set up a local system of governments to each of the British colonies within Australia. This allowed each of the colonies the right to develop their own laws and legal systems to deal with its particular situation. There was a move towards creating a central legal system during the late 19th century, a referendum was held in each colony to approve the draft constitution. The Australian Constitution Act was passed as an Act of the British Government and took effect on January
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).
In contrast, the first point of interest is the existence of a formal constitution. The United Kingdom does not operate under a written constitution. The main mechanism applicable is the law of precedence whereby laws are enforced based on similar cases that happened in the past. On the other hand, the United States has a written constitution. All laws are crafted by the legislative bodies and passed through a
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
Contents 1. Introduction 2 2. Parliamentary sovereignty 2 3. The Electoral system 3 4. Parliament in the past 3 5.
It was revealed by a survey carried out by National Consumer Council how unhappy and unsatisfactory people were with the Civil Justice System. The main weaknesses identified were that the system being too slow, too complicated for ordinary people to understand and too outdated and costly. In the continued criticism of the system Lord Woolf was appointed by the government who came up with suggestions and solutions to overcome these problems. As a result Civil Procedure Rules came into force on 26th April 1999 introducing different reforms to the system. The rationale of the reforms was to avoid litigation and promote settlement between the parties at dispute.
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.
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.
Precedents have a great importance in court’s decision. • Legal Sources: They are known as the instrument through which legal rules, law or principles are established: Legislature: Legislature is an essential part of state established by the parliament consisting of elected officials. Members of parliament present the bill which after thorough discussion approve or reject it. If the bill is approved from parliament, then senates looks through it and approve it with consultation, and it becomes an act. All the acts passed by governing authority can be challenged through judicial
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
Parliamentarism, or a parliamentary government, is defined “as a system of government in which the executive, the government, is chosen by and is responsible to…the legislature.” (Gerring, Thacker and Moreno, 2005, p. 15) With this form of governmental control, many advantages and disadvantages arise, especially when this system is compared to the likes of ‘Presidential systems’ or even that of ‘Semi-presidential systems’. However, my aim within this essay is to, both, highlight to advantages of parliamentarism, and to also give my opinion as to why this system is better when compared and contrasted with the aforementioned systems. According to Hague and Harrop (2007, p. 336), there are three different branches relating to the parliamentary system. Firstly, the legislature and the executive are “originally linked”.