Criminal courts throughout the world, especially in the model countries that we are studying in these chapters, use criminal court to settle disputes. In criminal cases, there are basically two sides in the courts. One side would be the one that is presenting the facts of the case against the other side. This side, normally the plaintiff or prosecutor, is the one showing and proving to the courts why the party on the other side is being charged with the crime that he/she is being charged with.
The other party in the courts, normally called the defendant, is defending themselves to the court and showing the courts why the plaintiff or prosecution is not correct and not proving that the defendant is guilty. The ones that are listening to the arguments vary from country to country. There will normally be a judge, a panel of judges, or a jury, to listen to the arguments of each side and determine which side has better evidence, telling the truth, and whether the law applies in the case.
Now different
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Like my previous post, Saudi Arabia is always interesting to me because of the makeup of the country, the belief system, and how a lot of the laws and punishment is from law of religion. In Saudi Arabia, there have been some significant changes to the judicial system that was signed by King Abdullah which is a called the Judiciary Law of 2007. This was to meet high judicial standards and to keep up with the social and economic changes that was happening in the Saudi Arabia’s society (Dammer and Albanese, 2014, p. 177). The countries court system has three primary courts systems. The first-degree courts handle all criminal and family courts cases. Criminal courts are heard by three-judge panel and the other courts are heard by one judge. This differ from many countries that have criminal cases heard by
There are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.
The parties decide what evidence to present, what witnesses to call, and how to question them. The judge is to be a neutral during the process and uphold the principles of fairness and equality, although he does make determinations of fact and law. The adversarial system is usually found in places with a common law system. In an inquisitorial hearing, the judge has a more prominent and active role in regards to evidence and questioning the witnesses. The inquisitorial system is typically found in places with a civil law system.
Canada has four levels of the court which are as follows. The provincial/territorial (lower) court, which deals with most criminal offenses unless they are very serious. It also decides family law, youth offenders, traffic law or regulatory crime, small claims courts and initial investigations into serious crime. Another court at this level a special military court which is designed to handle misconduct of the
In a criminal case, first the jury is selected, followed by a preliminary hearing where it is decided if there is enough evidence for the case to be brought up in the court of law, then an arraignment occurs where the defendant pleads guilty, not guilty, or no contest. After this, the plea hearing begins where the defendant can make an agreement with the prosecutor to make a plea bargain, which is pleading guilty to a less serious crime and giving up the right to a speedy public trial to avoid risk conviction of greater penalty for a more serious crime, after which the trail starts. During the trial, opening statements are given, evidence is presented, examination and cross-examination of witnesses take place, followed by closing statements. Once the trial is finished the judge instructs the jury and they leave to deliberate. The jury returns with their verdict only if the decision is unanimous, if it isn’t the judge orders a mistrial where the trial is called off completely or a new jury is selected.
The defendant is the person or company being sued in the court of law. A chief lawyer is in the legal department of a company or government. The justice of the court is one of the nine Supreme Court judges chosen by the president. The justices
The courts of Canada are the supreme court, federal, and provincial. The judges come from different Canadian regions. The judges are nominated by The Prime Minister and The Cabinet, they are then put through a review by the MP committee. The role of the judge is not to be a politician, they apply all rights and laws to proposed bills. They also have the final word on any legal rules and questions.
The states of Texas and Oklahoma remain the only states with two Supreme Courts: one for criminal appeals another and civil cases. The Texas Supreme Court is the end resource for civil cases, and the Texas Court of Criminal Appeals is the last possibility of appeal criminal for action cases. The method of electing judges in the Texas Constitution court system is a process. However, Texas Constitution article 5 by judicial department Supreme Court justice section 2 eligibility
Ordinarily, this can lead to differences in the types of judges appointed and their approach to
These cases are typically decided by one judge, however a three-judge panel may be used in particularly complicated cases. A panel of three commissioners is used to hear crime victims ' appeals of decisions made by the attorney general. The commissioners are appointed by the State Supreme Court. Anyone who is unhappy with the outcome may appeal the decision to a judge, after which no further appeals are allowed. If the complaint regards a matter involving $2500 or less, a clerk or deputy clerk may make an “administrative determination” which may be appealed to a court judge whose ruling is final.
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).
The plaintiff presents evidence to the judge with a bench trial or a jury. The defendant has an opportunity to present the defense side of the cakes. The plaintiff and defendant have the chance to share their cases then the judge or jury decides the final decision of the case. There can be money or orders that the defendant is required to perform by law. The next step in the Litigation
(1) Within the Magistrates court the cases are heard by a bench of three, sometimes two, Magistrates or a district
Israeli Legal System vs. the U.S.'s Legal System The synthesis of the legal system permits the Israeli Supreme Court judges to pass judgment on a more extensive scale. The judges have the discretion to give rulings according to deductive thinking.1 A peculiar aspect in the Israeli legal structure is that case laws of a court guide the lower courts including the supreme court decisions which control the lower court, however the lower courts are not bound by the decisions. There are panels in the Supreme Court which hear cases, and none of the panels is obligated to adhere to the decisions of another panel.2 The different panels at the Israeli Court system hasten the hearing process unlike the US, where the panel of judges is fixed.3 In Israel,
Judges has various roles and2 duties in the constitutional democracy of Canada. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. (Canadian Superior Courts Judges Association, n.d.). The Canadian Judiciary is an adversarial system of justice and the legal cases are challenged between opposing sides, which assures that evidences and legal disputes will be completely and forcefully presented.
The hierarchy of courts of Malaysia begins with the Magistrates’ Court, followed by the Sessions Court, High Court, Court of Appeal and finally is the Federal Court of Malaysia. There are generally two types of trials, criminal and civil. The jurisdiction of the courts in civil or criminal matters are contained in the Subordinate Courts Act 1948 and the Courts of Judicature Act 1964. Article 121 of the Constitution provides for two High Courts of co-ordinate jurisdiction, the High Court in Malaya, and the High Court in Sabah and Sarawak. Thus this creates two separate local jurisdiction of the courts – for Peninsular Malaysia and for East Malaysia.