Judicial Precedent Essay

Hamilton discusses the powers of the judiciary in the Federalist papers essay no 78. He asserts that the judicial arm of the government is the least likely to threaten liberty and property of the citizens. Part of this assertion was brought about by his conviction and beliefs, that the judiciary was the weakest branch of government. The constitution spells out three branches of government which are independent of each other and perform different roles to the benefit of citizens. This document also

The California and Federal judicial systems are very similar in how they are designed and how they function. California state courts are established and primarily obtain their power from the California State Constitution. This is similar to federal judicial system in that federal courts derive their power from the United States Constitution. The following paper will compare and contrast the extreme similarities between both judicial systems as well as some of the distinct differences. One of the

The UK taxation system relevant to the typical tax paying resident within the UK consists of Income tax, Corporation tax and Capital Gains tax. In the past tax payers have tried to ‘evade’ paying tax, with some ludicrous plans to keep their own personal taxes to a minimum, if not have a tax liability in the negative. This is partly why the UK Government has had to implement tax laws to maintain and clarify the structure of the taxation system within its policies. The system relies on a number of

The surviving trial reports show little to no conformity to each other or rigid adherence to English law. The judicial inconsistencies in English piracy trials during the so-called “Golden Age,” a period spanning roughly 1660-1725, resulted from a combination of factors. The vagueness in terminology determining exactly what was piracy and who was a pirate; the ambiguity

at the end of XVIIIth century, when some countries started change the way they were governed. Before this Revolution, the only form they had was the absolute monarchy, in which the king gathered the three state powers: executive, legislative and judicial. The inhabitants of the nation were submitted to the king’s power. Before the French Revolution, the forms of government were divided into three forms:

In the United States, the legal system is an interconnected system of regulatory, governmental and judicial authorities that operate under the Constitution and Bill of Rights of the United States, various State and Local Constitutions and laws, and agreed upon standards. The overall system operates at the federal, state and local level through Federal Courts, State Courts, and Governmental Regulatory Agencies (Neubauer and Fradella, 2010). All of this is based on the Common Law Adversarial System

The Art of Avoidance; Chief Justice Taney and the Question of Slavery “Their present decision is equivalent to a repeal of law and the making of law. This is not adjudication, it is mere usurpation. It is the substitution of mere arbitrary will in the place of the solemn and responsible functions of an impartial judicature.”[1] The 1857 Dred Scott decision proved that Chief Justice Roger Taney’s sadistic racism could be eclipsed only by his unbounded arrogance. Using

Mapp v. Ohio Webster, Mapp v. Ohio: Illegal Search and Seizure Sara Webster Liberty High Liberty High School 4A Mapp v. Ohio was a historical case in which the United States Supreme Court declared that all evidence obtained in violation of the Fourth Amendment, could not be held against you in court ("Landmark Cases of the U.S. Supreme Court," 2015). The exclusionary rule and selective incorporation were applied to this case. The ?exclusionary rule? which prevents

rights and obligations. Lawyers, also called attorneys and counselors, can interpret laws and apply laws to specific situations, and draft new laws. Much of their work involves researching precedents, which are earlier interpretations of laws and the history of judicial decisions based on that law. Lawyers use precedents to support their cases in court. Many resources from law libraries and public documents to computer

While I accept that theoretically a judge should not consider extralegal factors when making a ruling, I cannot accept your premise that all judges rule as neutral arbiters who rely solely on precedent, Constitutional text, and original intent of the Framers. As with any other individual in public service, judges are still human beings, and thus bring with them their own prejudices, personal biases, and preconceived notions when taking the bench. This is not to say that they do not have the intent