Judge Essays

  • Role Of Judges In Canada

    1155 Words  | 5 Pages

    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

  • Foreign Judges In Hong Kong

    944 Words  | 4 Pages

    of a Chief Justice, three permanent judges, and one non-permanent judge in the process of hearing. Non-permanent judges are non-permanent Hong Kong judge or a judge appointed as a judge from another common law jurisdiction. Permanent judges and non-permanent judge in the CFA are fully experienced judges. There is theoretically no difference between them because non-permanent judges are also judges. All judges must be just and impartial. This implies that judges serves the same symbolic value which

  • Role Of Judges In Legal Positivism

    822 Words  | 4 Pages

    Role of Judges in Legal Positivism and Natural Law What are the limitations put on a judge?s ruling? Is there really room of maneuvering for judges in Legal Positivism? These questions have many implications including: Can a judge do a ruling solely based on his discretion? Which legal view should be followed? Each question has a different answer from both perspectives of law (Natural law and Legal Positivism) that will be discussed throughout this essay. Before we can understand the judges? roles

  • Judges In Court Case Study

    1486 Words  | 6 Pages

    There have always been arguments about function of judges in a court.Traditionally, the role of the judges is to merely interpret and apply law to cases then come up with a decision. They make judgement by applying doctrine of judicial precedent to the case. The doctrine of judicial precedent is based on the principle of stare decisis which meant that once a decision has been made on how the law applies to a particular set of facts, similar facts in later cases should be treated in the same way

  • 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

  • Essay On Why 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

  • Judge Goldfobber Character

    1019 Words  | 5 Pages

    the name of Judge Goldfobber, who is a lawyer by trade, sends word to me that he wishes me to call on him at his office in lower Broadway, and while ordinarily I do not care for any part of lawyers, it happens that Judge Goldfobber is a friend of mine, so I go to see him. Of course Judge Goldfobber is not a judge, and never is a judge, and he is 100 to I in my line against ever being a judge, but he is called Judge because it pleases him, and everybody always wishes to please Judge Goldfobber, as

  • What Is The Principle Of The Common Law System

    1625 Words  | 7 Pages

    legal system of the USA,and the “old ”commonwealth countries, are all based on the English common law. The doctrine of precedent which is a fundamental principle of common law legal system means that the judges normally follow the legal rules created by the judge in earlier case where judge have made the legal rule known as precedent. For example , in the case of Donoghue v Stevenson[1932] AC 562,the House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product

  • Advantages Of Merit

    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

  • Difference Between Common Law And Civil Law

    1129 Words  | 5 Pages

    The common law and civil law systems are the products of two on fundamentally distinctive ways to deal with the lawful procedure. In civil law, the important principles and rules are contained in codes and statutes, which are applied by the courts codes. Subsequently, codes and statutes prevail, while case law constitutes just an auxiliary (secondary) source of law. On the other hand, in the common law system, the law has been overwhelmingly made by judicial decisions, while a theoretical (conceptual)

  • Jury's Role In The Jury System

    863 Words  | 4 Pages

    The jury team does not need to have legal knowledge of the judges (Bornstein and Greene, 2011 p.65). The verdict of the case is reached once the majority of the jurors come to a concrete agreement. Therefore, it is a fair way of a trial since the chances of bias are very minimal. According to Bornstein et al. (2014

  • The Declaratory Theory Of Law

    2156 Words  | 9 Pages

    declaratory theory suggests that the law is pre-existing and judges find it and declare his findings . The past decisions of the court, as evidence to what the law is, facilitates judges to find what the law is. The declaratory theory has been widely contended. Lord Reid contended that better or worse we have to accept that judges do make law and it is a fairy tale that judges only declare law . These conflicting views lead to the question that do judges make law or they merely declare law as the declaratory

  • Criminal Procedure Assignment: The Concept Of Fair Trial

    1086 Words  | 5 Pages

    “presumption of innocence” as comprehended or conceived in our adjective law. The most indispensable condition for a fair trial is to have an independent, impartial and competent judge to conduct the trial. It is necessary to break down these elements to understand the need for a fair trial. In spite of the need for judges to exercise their professional responsibilities in true independence, it is often seen that various pressure from outside comprises their ability to do so. The independence

  • Personal Narrative In The Four Court

    1052 Words  | 5 Pages

    Meanwhile, the judge noticed the amount of students in the room and asked him to give some background information to the case. I was extremely thankful for this and opened a new page in my notebook to concentrate from the start. I couldn’t keep up with the proceedings

  • Similarities Between Civil Law And Common Law System

    707 Words  | 3 Pages

    each law system, the roles of judges in each system, the countries that cover each law system and the nowadays development of both methods. To start off, civil law definition consists of the legal privileges and responsibilities that occur between individuals or between people and their ruler’s, it is mainly concerned with the individuals being legally familiar with their civil rights and commitments in relation towards others . In contrast, common law is a judge based law and it is simply the

  • Righteous Judges In The Passover

    1990 Words  | 8 Pages

    Judges were required to judge impartially regardless of the statuses of the accusers (Ex. 23:26; Deut. 1:16-17). To maintain pure justice in settling disputes, the judges were admonished not to accept bribes because bribes blind the eyes of judges (Deut. 23:2-3) . Righteous judges are needed in this Nation Building process in order to have security in knowing that your voice is being heard

  • Essay On Importance Of Judiciary

    1651 Words  | 7 Pages

    criticized. In other countries they do criticized the judiciary, even the judgment made by the court. In fact, they write books against certain judgments and this is not considered as disrespecting the judiciary. But in Malaysia we find that if a judge says something, you are not supposed to criticize what he says. He’s sort of superior being whose pronouncement must be accepted without question. In a way this is good because at some stage somebody

  • Essay On Mooting

    760 Words  | 4 Pages

    passed school boy like me when he enters in a law school would be witnessing some senior arguing his case in front of the judges and experiencing what a court proceeding may look like in a set up formally known as a Moot Court. Moots are fancy yet tricky and quite challenging. It is an oral presentation of a legal issue or problem against an opponent counsel and before a judge in a quite similar layout of that a court. One is required to thoroughly read the matter at hand, arrive at certain aspects

  • Common Law: The Important Importance Of Law

    1145 Words  | 5 Pages

    VERY IMPORTANT SOURCE OF LAW, THE MANY OTHER SOURCES OF ENGLISH LAW ARE GROWING OF IMPORTANCE. Common law is in effect legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws that are codified as Acts of Parliament, the common law is constantly changing. This is because of the fluid way in which judges interpret the law using their knowledge of legal precedent and common sense and by applying the facts of the case they are hearing to those prior decisions

  • Advantages And Disadvantages Of Statutory Interpretation

    1693 Words  | 7 Pages

    the golden rule are mostly used in court decisions because of the meaning and the effect they give towards legal decisions. Literal rule The literal rule is one of the rules used in interpreting statutes and this is always the first rule used by the judge to interpret statutes