Judicial remedies

The story by Mr. Harr captures vividly, the civil justice system as discussed in the class text “May it Please the Court” by Brian L. Porto. According to Porto, there are five main actors in the judicial process, especially in a civil proceeding. These players include the plaintiff tell me what they do, the defendants here too, the lawyers for the plaintiff and the defendants’ side, as well as the judge who presides over the civil case. For instance, the case in A Civil Action by Mr. Harr…

education falls within “the Supreme Court’s articulation of racial discrimination as ‘race-based decision-making’” and that schools may be able to account for the discrimination faced by members of their applicant pool pursuant to the race-conscious remedy jurisprudence established by the Supreme…

Interpreting the Constitution of the United States of America has always been a challenge for Supreme Court justices throughout America’s history. Many justices have tried to interpret the Constitution based on the social consequences of their ruling in comparison to the historical context behind the law being debated. The rift between adapting the Constitution in order for it to keep up with changing times and maintaining the original intentions of the framers poses many difficulties for the…

established on the Marbury v. Madison case by Chief Justice John Marshall. The court was put in a tough position, as they had no idea as to what proper decision they could make to resolve this issue. Through a series of events, judicial review was established, allowing the judicial branch to decide what cases are deemed unconstitutional. Fast forward to July 19-July 20, 1848, where the Seneca Falls 1848 Women's Rights Convention commences in New York. This is ultimately pegged as the first…

Richmond, Virginia, case (Bradley v. School Board. 412 US. 9_ the Burger Court left the issue essentially unresolved when the Court divided in a 4-4 deadlock. As it has evolved, the position of the Court is that a finding discrimination for which remedies may be fashioned must be based on particularized findings, on a determination of whether there was a :discriminatory intent.” For example, in Washington v. Davis (J976), blacks charged that testing and selection procedures used by the District…

utilized. This legal action allows the owners to convert the shared estate into two or more estates. All American jurisdictions recognize and authorize partition by judicial means through statute. Chapter 46 of the North Carolina General Statutes governs all partition actions in the state. b. Availability of Partition Proceeding The remedy of partition is provided for joint tenants and tenants in common as a right so that he or she might hold the interest in the property severally. Tenants…

and left her body to rot in a ditch. This murderer was almost able to walk away a free man after confessing his wrong doing, all because of the exclusionary rule. And this isn’t the first time justice has been tainted because of this flaw in the judicial system. According to legaldictionary.com in an article titled “the Exclusionary Rule” it states “The Exclusionary Rule prevents the government from using evidence in trial which was derived from an illegal search, seizure, arrest, or…

It seems that whenever crisis affects our country methods are put into place for the moment however long term remedies are not always considered. Per Rutkin (2015), “police departments are good at making reactionary policies in times of crisis, but not making substantive changes,” Ghani says. “My greater fear is that things will calm down and police departments will…

rule, four things should be considered. The first is the common law that existed before the legislation of the act, second is the mischief or defect not provided for by common law. The third is the remedy proposed by parliament to cure the defect at common law. The last thing is the effect of the remedy proposed. The application of this rule is complex because understanding of legislation is left at the discretion of judges. According to this approach, once the court has identified parliament’s…

in the prompt for this essay arguments for judicial restraint often mirror those arguments for a formalist approach. A formalist approach is one that through law sets out to place limits on public actors. This definition of formalist approach is in an essence similar to judicial restraint. The similarity comes from many of the cases reviewed in our text where there were opinions of the court that exemplified the need to limit the exercise of the judicial power unless it was explicitly striking…