Essay On Judicial Immunity
(f) Judicial immunity Judicial immunity is a form of legal immunity which protects judges from liability resulting from their judicial actions. Judicial immunity enables judges, counsel and witnesses to speak and act fearlessly and impartially with the public in the interest of justice. The Federal Constitution is silent on the issue of judicial immunity where under the Article 122AB(1), immunities for Judicial Commissioners are protected but there is no explicit protection for other judges.
However, judicial immunity is accorded to the superior and the subordinate civil courts under Section 14(1) CJA and Section 107 of the Subordinate Courts Act 1948 respectively. The immunity from legal action under Section 14 CJA is given to either a judge
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Articles 122(1), 122A(1) and 122AA(1) empowered the King to increase the number of superior court judges in case to cope with the backlog of cases. But, this might lead to court packing to happen. Furthermore, the situation will be worsening if the chief judges are given unrestrained power to empanel their courts. They have the power to pick and choose who should hear a particular case and this might influence the outcome.
In the case of Dato’ V Kanalingam v David Samuels, the court held that the so-called ‘Federal Court’ was not a legally constituted court under the law and the Constitution of this country as under Section 74 CJA, the minimum number of judges in a Federal Court panel has to be three legally competent judges. However, in this case one of the judges namely, YA Dato’ Pajan Singh Gill was not legally competent to sit on a Federal Court panel as according to Article 122(2), the Chief Justice cannot nominate a High Court judge to sit on the Federal Court. Besides, the Attorney General also empowered to choose the venue at which judicial proceedings will commence or to be transferred to under Article 145(3A). Those powers shall not be absolute and unrestrained but times to times judicial review on the limitation of power should be carried out to prevent the abuse of the
Analysis Of Murphy, Marshaling The Court By Khalil Franklin
941 Words | 4 PagesKhalil Franklin: Response paper; Murphy, Marshaling the Court: the leadership and bargaining, and the judicial process. Decision-making power of individual justices is shared among them. Given the authority of each individual justice, one must persuade only four of his colleagues, but also to sign on to the majority opinion [see page 2]. To measure political leadership, the role of the chief justice can be studied on the basis of political leadership. Personality spectrum.
Comparing Michigan's Judicial System
2120 Words | 9 PagesThere 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.
Argumentative Essay On Clarence Miller's Trial
69 Words | 1 PagesThe man accused in a deadly shooting outside an Evansville Gentleman’s Club will not go to trial after this month as scheduled. Clarence Miller’s trial was set for October 16th, but it’s been moved to January 22nd in Vanderburgh County. That shooting happened outside the Pony Gentleman’s Club in April of this year. Miller is accused of shooting and killing Aaron Jennings of Sebree and injuring a second
Essay On Gideon V. Cochron
851 Words | 4 PagesClarence Earl Gideon was a 51 year old man who was arrested for breaking into a pool hall in Panama City, Florida in 1961. Clarence spent much of his early adult life in and out of prisons for nonviolent crimes being convicted of burglary, robbery, and larceny four times, excluding the arrest in Panama City making it his fifth. At his first trial, Gideon was too poor to afford a lawyer so he asked for a court-delegated lawyer however his request was denied because of the fact that in the state of Florida lawyers are given only if the defendant committed a capital crime and Gideon’s case wasn’t reviewed as a capital offense. Prosecutors asked the witnesses who claimed Gideon was outside the pool hall close to the time of the break-in yet none
Dbq Essay On The Judicial Branch
467 Words | 2 PagesThe argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.
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1521 Words | 7 PagesOur legal system allows judges to make important decisions on their own, which is a huge responsibility, and if it falls into the wrong hands, there could be severe
Texas Judicial System
1152 Words | 5 PagesTexas has two high-courts, the Supreme Court and the Court of Criminal Appeals, each have 9 justices. Below the two high-courts is the Court of Appeals with 14 courts, 80 justices, followed by district Courts, which have 456 courts with 456 judges, and the County-Level Courts having 505 Courts and 505 judges. Below these are the municipal courts in 920 cities, 6 towns with 1559 judges and justice of the peace courts having 819 courts with 819 judges. Overlapping of jurisdictions causes great confusion add to the confusion is that “some courts have specialized jurisdiction, whereas others have broad authority to handle a variety of cases” (277) creating a “hodgepodge of courts” (277). Reforms within the Texas court system is clearly needed and many reforms have been recommended from merging the Texas Supreme Court with the Texas Court of Criminal Appeals, reducing the number of judges and justices, revamping jurisdictions for all courts and having no overlapping jurisdictions.
Essay On The 5th Amendment
2154 Words | 9 PagesTogether with the other cases being filed with the Supreme Court from Kentucky, Ohio, and Tennessee, Americans could be looking at the first major change to the U.S. Constitution since the 27th Amendment, which Congress passed in 1992 to address salaries for members of Congress. Blogger, Richard Morgan, was quoted as saying, “Even counting from the Twenty-Seventh, for the first time since 1913 (when Congress passed two amendments), it will soon be possible for someone to enter law school having lived his or her entire life under a static Constitution (newrepublic.com, ” This amendment was proposed as part of the Bill of Rights back when America was still a budding nation. It was written and proposed by James Madison, Jr., who has always been one of my favorite historical figures. He was one of the most influential delegates of the 50 in attendance at the 1776 Continental Congress, one of the framers (not signers) of the U.S. Constitution, co-author of the propaganda machine called the Anti-Federalist papers as part of the Democratic-Republican Party (which later developed into the modern day Democratic franchise), and 4th President of the United States (whitehouse.gov,
The Judicial Branch
1514 Words | 7 PagesThe Judicial Branch incorporates the Supreme Court, the most noteworthy court in the United States, as well as other government courts. The judges of the Supreme Court are selected by the president and must be endorsed by Senate. Federal cases, such as Marbury vs. Madison, made the Supreme Court "a separate branch of government on par with Congress and the" executive branch (McBride, 2007, P.1). The motivation behind this case was to affirm the power of the Supreme Court to survey law, to figure out if or not that law is sacred, and to set up the check and offsets. We see these techniques existing today in our nation, in light of the fact that every branch can check the other to keep one branch from turning out to be too intense from the others, as legal over official can pronounce official activities illegal, official over legal can select Supreme Court judges, Legislative over Judicial can change the size of government court framework and the quantity of Supreme Court judges, and so on.
Supreme Court Case Essay
537 Words | 3 Pages“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
Essay On Wrongful Convictions
1225 Words | 5 PagesWrongful convictions are one of the most worrisome and tragic downsides to the Canadian Criminal Justice System. As stated by Campbell & Denov (2016). “cases of wrongful convictions in Canada call into question the ability of our criminal justice system to distinguish between the guilty and innocence” (p. 226). In addition, wrongful convictions can have devastating repercussions on the person, who was found guilty, effecting their personal/public identities, beliefs and family lives. This essay will be examine some of the common factors that apply to the conviction of an innocence person.
Essay On Judicial Selection
801 Words | 4 PagesJudicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.
Essay On Unjust Law
1666 Words | 7 PagesMen make laws to instill order in a society and prevent chaos in any shape or form. Naturally, laws will always be somewhat unjust because it is impossible to consistently construct laws that directly and equally benefit all members of a society. There will always be a majority that makes the laws and a minority that has to obey the laws. Although laws are usually the standard of morality by which we live by, they must be disobeyed in certain situations. These situations are, but not limited to, an undemocratic formation of aforementioned laws, laws that are inherently unjust according to human law which can be synonymous with God’s law.
Role Of Judiciary In Malaysia
1103 Words | 5 PagesMalaysian judiciary refers to the Malaysian court system. It is an independent body separate from the legislative and executive arms of government. The role of courts is to ensure the law and order are followed, that justice is done, and criminals are punished. The head of the judiciary is the Chief Justice.
Importance Of Stare Decisis In Malaysia
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