Judicial remedies

Alexander Hamilton fully examined the judicial branch. In the Federalist Paper, it claimed that the Judicial neither wields the sword of the Executive Branch nor has the purse of the Legislative. The sword is the power of the Executive that controls the nation’s militia and grants the President to be the Commander-in-Chief. The power of the purse grants the Legislative Branch the ability to control the spending and tax policies of the nation. The Judicial Branch, in Hamilton’s…

LEGAL ENSHRINEMENT OF HUMAN RIGHTS MAY BE INAPPROPRIATE OR UNNECESSARY Having come to the conclusion that there may not always be a reason for human rights to be enshrined as legally enforceable entitlements, invites an exploration of whether , indeed doing so could be unduly restrictive, inappropriate or even counter intuitive, I will address these three claims in turn 1. Legal enshrinement of a human right as a legally enforceable right may unduly restrict our contemporary list of human…

facts to present to the merits review body, as determined in Shi v Migration Agents Registration Authority . This is Clipton’s best avenue to have his licence application accepted and AOC renewed. REMEDIES S 43(1) of the AAT Act confers a broad power of remedies. The CAA does not truncate these. Remedies under s 42F of the AAT Act determine that the Court may affirm CASA’s decision, rescind and substitute their own decision, or remit matter back to CASA with recommendations or directions.…

which keeps police from illegally obtaining evidence and serves as a recourse for individuals who were subjected to illegal searches and seizures. Thus, the exclusionary rule does not allow for illegal evidence to be used in court which protects judicial integrity. This article is useful to my research because it highlights the argument in favor of the exclusionary rule by providing evidence for its case. Fourth amendment-exclusionary rule - ninth circuit suppresses evidence based on violation…

appointed individuals, but Maybury did not receive his commission and a different Justice of the Peace was appointed in his place. Maybury sued for his commission and was awarded. There were questions regarding the suit, such as was there a legal remedy…

organization deployments from all over the world, yet 2,500 people died of cholera which is a disease that is easily controlled. In Haiti there is poor governance and they have a weak judicial system. The President controls the judiciary, with consent of Parliament. Donors have tried to assist the Haitians in reforming their judicial system. Its shortcomings are serious. Therefore, corruption is imminent in the country. The corrupt leaders embezzle funds that is supposed to be used for aid. From…

courts will look at the “mischief” that was intended by the legislatures when the words in the statute are not unambiguous and plain. Hence, the purpose of using this rule is to identify the mischief and defect in statute and want to implement the remedy for the people involved under the law . Mischief rule is the most flexible rule of interpretation of any act yet it is restricted to use the previous common law to determine the mischief in act. In the Heydon’s case, a religious…

Frank parked his car in the stadium parking lot. A fly ball landed in a car parked in the lot belonging to Frank. The parking lot attendant (Paul) saw the ball land in Frank’s car. Paul took the ball from Frank’s car and put it in his pocket. Another attendant say what happened and left a note on Frank’s windshield explaining what had happened. Frank files a conversion complaint against Paul. Issue How should the court rule on Frank’s conversion complaint? Rules In…

In the following the writer indicates what judicial discretion is. What is “judicial discretion is in sentencing?” Judicial discretion gives judges the right to use discretion when sentencing the offender to prison or jail. Over the past decades judicial discretion has waned and more decisions are made by a jury in criminal courts. The fact that most sentencing hearings are now decided by juries gives the offender the chance to fight for themselves. The writer provides statistical data on how…

Civil Law as influences in cases to make order and is divided into two; criminal and civil law. Criminal Law tend to be stricter than the civil law. Criminal law is a claim made by the government (on behalf of society) against the person (natural or judicial) for a wrongful action. Therefore, the purpose of criminal law is to protect society against wrongful action that alters order and peace. The idea is to have a society without rappers, killers and person who commit a wrongful action. There…