Disadvantages of judges making law. 6 Advantages and Disadvantages of Judicial Precedent 2019-01-09

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6 Advantages and Disadvantages of Judicial Precedent

disadvantages of judges making law

The 1968 refers to the year the case was reported, and we will be examining the issue of case reporting later in this course. In a criminal case, the person bringing the case is called the prosecutor, and the other person is called the defendant. Look at the following list and compare it with your answers. Discussion Mr Justice Rattee dismissed the copyright infringement action. I know of universities and lawyers who refuse to pay for access to case material because of the size of the fee. It also encourages precision in drafting and ensures that anyone who can read English can determine the law, which promotes certainty and reduces litigation. It is the design of the houses that the report seems to be attacking, not the quality of the workmanship.


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Judges and the law

disadvantages of judges making law

This article is longer than previous Readings, but don't let this daunt you. Not only that but both parties must have a good sense of judgement and must be able to make sound decisions. Flexibility The common law must be flexible in order to respond to changing times. Rules and maxims of equity were developed. Flexibility If the courts are able to depart from their own decisions and overrule other decisions based on these principles discussed in the avoiding precedent section, then there is a certain flexibility within the law. Many do not want to take part as they would have to take time off their work to do so, this could result in not getting paid for the period of time.

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Some Advantages and Disadvantages of a Judge's Career

disadvantages of judges making law

On the other hand, it is discouraged as it interferes with the other government branches. The judge did not need to rule on that in the dog-and-the-car-window case, because the couple did not have a dog with a known excitable temperament. Advertising, Brand, Brand management 1621 Words 5 Pages Hamilton County Judges 1 Hamilton County Judges try thousands of cases each year within the three major court systems of Common Pleas, Domestic Relations, and Municipal Court. A modern analogy would be with a company or Government department that refused to deal with your complaint because none of its existing forms was suitable even though you had obviously suffered a wrong. However, rarely needed to invoke this power as non-elected House of Lords usually adheres to its function of refining, adding to proposal for law made by the democratically elected House of Commons. There will be experimentation, there will be procedures that are different.

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Some Advantages & Disadvantages of a Judge's Career

disadvantages of judges making law

Another study indicated that experienced judges and lawyers are worse at predicting the likely outcome of a case than a relatively simple computer program. The judges interpreted this to mean that no personal actions to recover a sum greater than 40 shillings could be commenced in the local courts, thus reserving all important cases for themselves. They are not in the courts to decide what the law should be. These include the jury and magistrates. This salary is generally higher than the average received by others in legal careers such as attorneys and court clerks.


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Judges and the law: View as single page

disadvantages of judges making law

Judicial politics is formed by how judges view the law and how it should be interpreted. As with other forms of organization, the judicial system is not flawless due to the vast size and number of laws that are present in most countries. Another important role played by the judiciary is that of statutory interpretation. As you will have read, between 1300 and 1348 there were frequent acquittals where householders had killed housebreakers. The most serious offences are known as indictable-only offences - for example, rape and murder - and these offences can only be tried in the Crown Court. If you did, how important was this in relation to other reasons you listed for study and higher education? Crown Courts, County Courts and magistrates' courts cannot create precedent and their decisions can never amount to more than persuasive authority. Why People and Countries Trade This section lays the foundation for why countries and individuals gain from trade.

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Advantages & Disadvantages of the Western Judicial System

disadvantages of judges making law

The courts read legislation and apply it into cases; they should not be there to change and deviate from the law if they do not want to or agree with it. They developed a range of claim forms, called writs, and established procedures which, perhaps significantly, gave them greater importance and provided them with a generous income! When court rulings are based upon what is suspected to be purely personal reasoning or political, judicial activism is used. In addition to the wish to maintain a high degree of certainty in the law, the main reason for judicial reluctance to overrule old decisions would appear to be the fact that overruling operates retrospectively, with the effect that the principle of law being overruled is held never to have been law. For example, regardless of what sort of case is in court, the rules governing the admission of evidence into court are the same. The role of Judges: They do not just interpret and apply the law. The grounds for deciding cases are found in the principles provided by past court decisions, as contrasted to a system which is based solely on Acts of Parliament.

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What are disadvantages of judge made law?

disadvantages of judges making law

It is impossible for parliament to legislate for every possible problem, action or condition that might arise in society. These complex judiciary systems---such as that in the United States---come with numerous advantages and disadvantages. When this type of judicial system is employed, it would seem that the laws do not apply, where judges can override any law that exists, which technically means there are no laws before their eyes. Since it was God who permitted the oppressions and raised up deliverers, he himself was Israels ultimate Judge and Deliverer 1127 see 823, where Gideon, a judge, insists that the Lord is Israels true ruler. The rule was used in the case of Adler v George 1964 to avoid an absurd result. This extract provides you with examples of instances when the House of Lords has not followed its own previous decisions. About the Author An avid perennial gardener and old house owner, Laura Reynolds has had careers in teaching and juvenile justice.

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11 Principal Pros and Cons of Judicial Activism

disadvantages of judges making law

Also the Mischief rule, which looks at the statue before the law now in place and requests the court to make an educated decision on what the gap the new law now intended to cover. Not ready for University study then browse over and to hear about new free courses as they are released. The question then becomes — how is a later High Court judge to select which precedent to follow? The final activity will help to further consolidate your studies of this course by considering two controversial cases which were widely reported in the media. Because majority of the country is developing in democracy way, but not every country achieves perfection in spite of that democracy is the best and more acceptable way of operation. Fam Within the individual case, the paragraphs of each judgment are numbered consecutively, and where there is more than one judgment the numbering of the paragraphs carries on sequentially. Conflicting decisions at the level of the High Court can, of course, be authoritatively decided by reference upwards to the Court of Appeal and then, if necessary, to the House of Lords, but when the cost of such appeals is borne in mind, it is apparent why, even on economic grounds alone, it is important for High Court judges not to treat their discretion as a licence to destabilise the law in a given area.

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