Judicial discretion

It can be argued that the time between 1787 and 1861 was the “golden age” of law because it the set the precedent and truly allowed the judicial branch to shape their power. The “golden age” as the American Legal History stated was an era of transformation that gave structure to an industrial America. While there were many flaws in the decisions made by the court, many of the cases during this time gave future generations legal history in how to deal with murder. Cases such as the Dr. John…

the separation of powers. In the constitution of the United States of America, there is the ‘full faith and credit clause,’ that imposes a responsibility on the states to honor the judicial decisions between the different states. The Supreme Court acts as a referee between the state and federal governments through judicial review. The disputes between the federal government and congress are also handled by the Supreme Court through the interpretation of the constitution and other legal…

(a).) However, Code of Civil Procedure section 1033 (“Section 1033”), subdivision (b)(1), provides the trial court discretion to deny or limit a prevailing party’s costs where “the party could have brought the action in the small claims division but did not do so.” Section 1033’s purpose is “is ‘to discourage plaintiffs from “over filing” their cases’ and thereby ‘wast[ing] judicial resources.’ ” (Carter v. Cohen (2010) 188 Cal.App.4th 1038,…

TASK 0NE BY SAM; Judicial precedent is quite a broad doctrine in the English legal system, means a fundamental legal principle or decision made in a higher or lower court in hierarchy, the decisions made may usually influence the future occurrences by either becoming binding or persuasive precedents. The doctrine is highly influenced by three Latin legal terminologies which are; obiter Dicta, ratio decided and stare decisis. In the persuasive precedent where court is not obliged to adhere to…

However, since the 1990's attitudes have changed so much that now 35 states allow electronic coverage of trials at their discretion (Peak, 2014, p. 219). The U.S Supreme Court however still does not allow cameras in their proceedings (Cameras in Courtrooms). There are many arguments in favor of and against cameras in a courtroom. Some of the advantages of televising a trial…

even a fair trial. The judicial system and legislative system was to help keep dishonorable people in jail who break the law, not those who are first time offenders to petty crimes. For this to come to an end, righteous and honorable men and women…

principle: The Kable principle was developed in the high court case Kable v Director of Public Prosecutions where a declaration of invalidity of a piece of legislation on the grounds that it purports to invest extra powers to the State court with a non-judicial function and therefore is invalid if the function is of a kind that undermines, or appears to undermine, the institutional integrity of the court and, by extension, the system established by chapter III of the Constitution. Since the…

America is an immensely diverse nation; built on the ideals of the ‘Land of the Free’ and ‘Home of the Brave’. The United States is also known as the Land of Opportunity, but how true do the statements ring for all of its citizens? Civil rights movements, within the United States, have made large milestone victories since the early to mid-1960s; changes and implemented laws and policies have since guided a movement of appeared equality. How is it then, with this appeared movement of equality,…

Our Constitution was written to form a more perfect union, not just at the time it was created, but for the future of the union as well. Though we can never be perfect, the Constitution establishes guidelines to help criminal justice professionals make, enforce, and interpret laws to keep order in our country. Their main purpose is to protect and uphold the Constitution. They do this by enforcing laws, protecting citizen’s rights, and promoting justice for all (Dreisbach, 2009, 104). Since laws…

Sociologically speaking, the debate is no longer about a breakdown of numbers, but rather why racial disparity, or the appearance of disparity, continues to occur. The first notable contributors to the growing incarceration rates is the judicial system itself; comprised of laws, those that hold up the laws, prosecute the laws, and sentence based upon the laws. Over the past 40 years there has been an increase in statutes and statute enforcement throughout the United States. This increase can be…