similar. Precedent is a rigid system as a decision by a higher court in an earlier case, must be followed by a lower court in a later, similar case, so there is no scope for judicial creativity. In order for precedent to later, similar case, so there is no scope for judicial creativity. In order for precedent to operate it is necessary for there to be a court hierarchy. The decisions of the higher court bind lower courts and some of the courts are also bound by their own previous…
consisted of many important courts and jurisdictions. The judicial system offered three types of courts to solve many different problems. The first type of court was the church court. The Church court or Ecclesiastical court is “a tribunal set up by religious authorities to deal with disputes among clerics or with spiritual matters involving either clerics or laymen” (“Ecclesiastical Court”). The church court was considered the most powerful with a big jurisdiction. “Church Courts had…
The state has only a few decisions under its pay equity statute and the federal Equal Pay Act, most dating between 1990 and 1995. However, turning first to Kansas courts’ application of existing pay equity laws in those cases and then to California, New York, and Massachusetts’ pay equity provisions to determine how a broadened statute would impact the outcomes provides an initial view into how Kansas case law might…
“meeting of the minds” between the parties. This means that all parties must agree on the same terms of the contract, as well as know and understand exactly what it entails. If there is a dispute about whether this was found, then the case can go to court . The contract can become void or continue; if consensus in idem wasn’t or was found. This has to be between…
fees lies in the discretion of the trial Court, after careful consideration of the equities and circumstances of the particular case and respective financial positions of the parties. DeCabrera v. Cabrera-Rosete,70 NY2d 879 (1987). The Court must also determine the reasonable value of counsel 's services, taking into consideration counsel 's skill and experience, the nature of the services rendered, the time…
A court stenographer in a high profile murder case suspects the defendant isn’t guilty when her steno machine begins to tap out the message that they have the wrong killer. BRIEF SYNOPSIS KELSEY FREEMAN (25), a courtroom stenographer, struggles with a secret drug addiction. She cares for her former boyfriend’s grandmother. She’s assigned to a high-profile murder case involving a reality celebrity. Reality show star ANTHONY is accused of killing his wife LOLA out of jealousy. While preparing…
What effects do connotation, bias, and rhetoric have on the author’s argument, and how does it affect the audience? In the editorial “‘Boobies,’ the courts and free speech” by the Times Editorial Board the author uses connotation, bias, and rhetoric to help sway the audience toward believing in their side of the argument. To start off, the author uses connotation a lot in his editorial. These are some examples of those words, “Constitutional rights, wrongly, disrespect, defiance, and…
individual to be blameworthy and criminally responsible for their actions, the accused person must have committed the actus reus and the mens rea. In the case of the accused pleading Not Criminally Responsible on Account of Mental Disorder (NCRMD), the court focuses on whether the accused had the mens rea while committing the alleged offence (Verdun-Jones, 2015). If the accused person did not know what he or she was doing was wrong, or did not appreciate the conduct or omission, the accused will…
was the stereotypical male superior minded person at the time. He said “women belong in the bedroom and kitchen, in that order.” Also stating they play 25 percent as a good as men. And that’s how much they should get paid. After Bobby beat Margaret Court. Billie Jean King finally accepted his request to play her after few times. The winner would get 100,000 a win takes all match On September 20, 1973 in the astrodome in Houston in front of 30,492 fans. About 90 million people watching worldwide…
Drug courts are specialized courts, which is an alternative to criminal court, for offenders who have drug or alcohol dependency problems. When they were established in 1989, their main purpose was to help prevent overcrowding in prisons, by giving low risk drug offenders an alternative option (Fulkerson). A couple more reasons drug courts were brought into the picture were to keep court costs down and be able to provide the offenders with personalized treatment to help them overcome their drug…