Judge Essays

  • Diversity Of Judges In Uk Essay

    762 Words  | 4 Pages

    In view of the report in 2009; it has been laid down that judges should be diverse, from various backgrounds and life experiences to have different point of views on various legal issues. UK’s current system is the evolution product of 1,000 years and is still changing to meet the needs of the society. Although UK”s current judicial appointment is supported, several people believe that that change should be brought, current judges are selected solely on the basis of “merit”. Some argues that the

  • Why Do Judges Do Exercise Discretion

    819 Words  | 4 Pages

    to my argument The question at hand is whether judges can exercise discretion when deciding cases. Different theories arrive at different conclusions. Legal positivists, such as H. L. A. Hart, claim that in difficult cases judges do exercise discretion. An alternative theory of law offered by Ronald Dworkin contains some aspects of positivism. Dworkin believes that judges do not have discretion. This is a counter position to my argument that judges do have judicial discretion. Firstly, we need to

  • Judge Foster Case Study Criminal Law

    1782 Words  | 8 Pages

    Part one: I strongly believe that judge Foster’s view is more persuasive. The judges should take into consideration the legislative intent when judges interpret and apply statutes due to the fact that words do not always show the intent that the legislative branch had when it created a statute. As a result, the goal of the statute will not be reached. The fact that words sometimes do not convey the real message of it is really important when it comes to criminal system. It will never be fair to

  • Essay On Do Judges Have An Obligation To Apply The Law

    1496 Words  | 6 Pages

    also has people who perform the role of a judge. They are officials who settle disputes by applying pre-existing standards and exercising judicial discretion when needed. Judges should protect rights, uphold justice and promote the common good among other things. Judges ought to conform to all of these standards when they apply the law. Judges have a moral as well as a legal obligation to apply the law. Do judges have an obligation to apply the law? Judges do have an obligation to apply the law

  • Texas Judges

    1450 Words  | 6 Pages

    Judges of Texas are elected, all the way to the Supreme Courts. Starting with the lowest court the justice of the peace, the qualifications to become a judge a very simple. First officials must be a United States citizen, a resident of the state of Texas, and a resident of their district for at least one year and only 18 years of age. This may seem to be young but I met some 18-year-olds who are more mature than some 30-year-olds I have met. And as far as education goes they only have to go to

  • Judge In The Crucible

    693 Words  | 3 Pages

    placed on trial with a judge and they would either plead guilty or face a series of tests to prove they weren’t witches. In the novel, The Crucible, by Arthur Miller a group of young teenage girls are caught in the act of witchcraft and are used to help seek out the following witches in the village. They become the jury of the court and their judge who is brought in to accuse and place the victims on trial is Judge Thomas Danforth. Danforth, however, is not an effective judge for the fact that he was

  • Judges Vs Federal Judges Essay

    509 Words  | 3 Pages

    Federal Judges and Supreme Court Justices The process for electing a federal judge is both a simple, yet complicated one. A number of things take place between the need for a nominee and the appointment to a position. The basis for the nomination and appointment of federal judges and Supreme Court Justices is the Appointments Clause (Article II, Section 2, Clause 2) of the United States Constitution: “The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint

  • Justice System Inequality

    2033 Words  | 9 Pages

    Around the nation, every state justice system encounters dissatisfaction due to the local judge in which they are presumably entitled to be unbiased toward any case. Furthermore, the justice system of the state is required to be unbiased in every aspect, however, there should be an easier process for the public to unseat a justice who has failed to remain unbiased in the court. The justice system, encounters plenty of controversy after a series of unequal treatment in cases, changes made to the justice

  • Federal Court Process

    941 Words  | 4 Pages

    federal rules, some procedures are addressed by a residential basis. Rule 57 of Criminal Procedures states individual court districts are allowed to follow their local rules and procedures regulating a trail. These rules concist of how the lawyer and judge govern the trial such as deciding on a jury or which lawyer can open first for their client. Rule 57 covers local proceedings rather than the federal rules, but no local rules cannot intervene with the federal rules. Federal rules are based on national

  • Examples Of Statutory Interpretation

    889 Words  | 4 Pages

    interpretation Statutory interpretation is when the bill or the law of parliament is tested upon a case. The law should be clear and concise so that everyone understands its purpose. It may have been clear when it was checked by the parliament but judges applying it to an actual case uncovers its flaws, making it troublesome in future cases and conveys what needs to be amended. Over the course of many years, the English law gradually started to develop, and implemented three different rules of interpretation

  • Daubert's Impact On Forensic Science

    584 Words  | 3 Pages

    courts. The first and foremost thing which judges must determine is whether a guilty person is enough to qualify by knowledge, experience, training or education to give expert testimony. It implies that a

  • Magistrates Court Case Study

    783 Words  | 4 Pages

    justices of the peace. Sometimes cases are tried by a single magistrate, called a district judge, who is a lawyer. A magistrates court will typically be used for

  • Adversarial System: The American Judicial System

    397 Words  | 2 Pages

    advocates, if you will represent their parties ' case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth and pass judgment accordingly. So, in an American court you have the prosecution who are bring on the charges and the defendant who is charged and both parties case or position is brought before and impartial judge and jury. This is what classify it as a adversarial system. (b) Describe the primary functions of federal district courts

  • John Finnis's Natural Law Theory

    788 Words  | 4 Pages

    INTRODUCTION Every society that has law also has people who perform the role of a judge. They are officials who settle disputes by applying pre-existing standards and exercising judicial discretion when needed. Judges have a moral as well as a legal obligation to apply the law. A judge who believed in the truth of John Finnis’s natural law theory could not legitimately and consistently decide cases by applying Ronald Dworkin’s interpretive theory of law. JOHN FINNIS’S NATURAL LAW THEORY Finnis provides

  • Realist Theory Of Law

    1039 Words  | 5 Pages

    Accordingly to realist theory the judges are deciding cases on the facts of each particular case considering various psychological and sociological factors. The majority of lawyers now recognize that judges are taking into account also political implications of legal rules and decisions. In theory this means that the same profile cases can have various outcomes and be decided differently even when the judges are being not mistaken, reasonable and honest. This thus explains why legal realism theory

  • The Importance Of Judicial Precedent

    1703 Words  | 7 Pages

    There are multiple sources of law in the UK. Such as creating sources which refer to Parliamentarians and Judges. Material Sources, for example, Westlaw; Lexis; Law reports and lastly authoritative sources which include Statutes; Judicial precedent/cases. This essay will focus on Judicial Precedent and its importance by discussing firstly, what it consists of, the advantages and disadvantages and finally whether it is the most important source of law. Judicial Precedent is a source of law, in which

  • Advantages And Disadvantages Of The Common Law System

    1268 Words  | 6 Pages

    common law. Statute is an Act of Parliament, which starts its life as a bill, goes through the parliament, receives royal assent and becomes law. [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

  • Elements Of The Legal Adversary System: Dietrich V. The Queen

    978 Words  | 4 Pages

    Solutions were for state legal aid commissions to maintain ‘emergency funds’ for use in complex criminal cases and the amending of the Crimes Act 1958 to enable judges to directly order criminal counsel for the accused instead of ordering adjournment. The case of Dietrich v The Queen significantly changed legal aid provisions in trials across Australia and addressed the issue of underrepresentation in legal processes

  • Pretrial Services Program

    1112 Words  | 5 Pages

    immensely overpopulated? Cook County jail has been around for more than 180 years, holding all different types of inmates. The jail houses people awaiting trial, those who have been sentenced and are awaiting transfer, and those who haven’t even seen a judge or been given a bond. Cook County officials needed a way to reduce the rapidly growing number of inmates (Goldkamp and R.Gottfredson). Pretrial services were established as a hopeful solution to the overcrowding. Pretrial services program was established

  • Examples Of Trial Advocacy

    1011 Words  | 5 Pages

    Advocacy is the art of persuading others to one’s own point of view. The general level of competence of attorneys and more particularly their competence in specific aspects of the practice of law have been frequent and recurrent concerns. Indeed, as Judge Kaufman has pointed out, "insofar as bad lawyering is the product of bad character, or laziness, or apathy, there is little that can be done by way of education." The most recent upsurge of concern was brought to wide public attention by Chief Justice