Judicial Precedent Essay

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

Libya is a country east of Egypt with just over 6,000,000 people. Libya’s first ruler was King Idris I, he was elected after World War II when the people were looking for a new leader. He was Libya's only King. He established embassies with many large countries such as the U.S. and also allowed U.S. military to come in to restore and maintain the rights of the Libyan people in his first decade as a king. After King Idris I died in 1969, Libya fell apart. A new ruler, Gaddafi, began destroying Libya and its government. In 1972 tensions increased so much between the American and Libyan governments the American ambassador was removed from the embassy in Tripoli. In 1979 all American embassy workers were removed after an attack. In 2011 the people

The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,

Abstract — Religious influence on judiciary, especially when it comes to Supreme Court Justices, is a complicated issue, and it has been controversial in U.S.. Talking about judgement for the influence, it’s not all-inclusive by only dividing them into liberals and conservatives, instead, a comprehensive approach is to focus on specific cases.

The current Supreme Court membership is comprised of nine Supreme Court Justices. One of which is the Chief Justice and the other eight are the Associate Justices. The Justices are Chief Justice John Roberts, Jr., and Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel Anthony Alito, Jr.

Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.

In the courts of the United States there are three different models of judicial decision making that the Supreme Court uses. Included are the legal model, in which the decisions are based solely on the provided facts on the case. (Mitchel) It can also choose to let previous case hearings and decisions influence the decision for the case at hand. An example would be Reno v. ACLU where the court ruled that the anti-obscenity law was to broadly written that it violated the first amendment right. (Mitchel) Another methodology used is the attitudinal model, where the justices can make any decision they wish without fear of losing their job due to their life term in the position. (Mitchel) A way of viewing this would be imagining a bench with a mixture of conservative and liberal justices, the way the judges interpret the constitution is based on their own ideologies, meaning that the conservative justice will interpret the constitution in a conservative way, and vice versa for the liberal justices. (Mitchel) An example being in the 2000 election, in which the fiasco of Bush’s victory in Florida ended up having to be hand tallied, the Supreme Court intervened and due to the five conservative justices ruling against four liberal justices, the court ruled that the hand tally should cease and that Bush should be elected President. (Mitchel) The final method of explanation is the strategic model, which states that justices make decisions based on they think their peers will vote, and

Judicial Activism- When judges deny legislators or the executive the power to do something unconstitutional.

The US Supreme Court has a number of powers. These include the power to declare acts of Congress, the executive or state legislatures unconstitutional through the power of judicial review. The supreme court justices are also given the power to interpret the constitution when making decisions, again, through their power of judicial review. It is arguable that it is essential for the supreme court to have such powers in order to allow the American democracy to flourish. However, there is much evidence to suggest that the supreme court holds too much power for an unelected body, thus hindering democracy.

The two basic types of courts in the United States are trial courts and appellate courts. These two types of courts have two entirely different functions. The job of a trial courts is to determine questions of fact. Appeals courts, on the other hand, must determine questions of law. Appellate courts have the right to overrule jury verdicts and judges decisions due to the fact that an appellate court typically concerns itself solely with issues of law. An appeal is not the time to retry the case or to reargue the facts. In civil matters, either party can appeal the decision of the trial court. Usually in criminal matters, however, only the defendant may appeal a criminal conviction and the state is not

The Fourth Amendment to the U.S. Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at

In 1789, the final draft of the constitution of the United States came into effect. In article three it calls for "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In the article it neither says the duties, powers, or any organization of the supreme court. If left this up to congress and to the justices of the court itself for these details.

run by school officials, that it could be controlled by them, "so long as their

It's referring to precedents. Precedents are previous decisions of the court that need to be followed by courts in the same or lower in the hierarchy. The court must give consideration but there is no rule on how it should apply it to the facts of the case at hand.

This essay will examine the doctrine of Judicial precedent that helps form the English Legal System. It will illustrate various views that have been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent.