Regulations and order of administrative agencies: the agencies are created by the legislative and executive branches of government. They may adopt administrative regulations and issue orders. 6. Judicial decisions: Federal and state courts decide controversies. In doing so, they issue decisions that state the holding of each case and the reasoning used by the court in reaching its decision.
It is the "final court of appeal and the expositor of the U.S. Constitution." The court was created by the Constitution in Article III. Article III of the U.S. Constitution vests in the Supreme Court the power to decide legal cases or controversies that come before it (Dautrich and Yalof 277). The Supreme Court presides on cases that conflict with the Constitutional laws and with treaties of foreign affairs.
An example of a law created by Parliament is s.18 GBH under the Offences Against the Persons Act 1861 which carries a sanction of up to life imprisonment. The Oxford English definition of justice is ‘the administration of law or some other authority according to the principles of just behaviour and treatment.’ Just is also defined as ‘morally right and fair’ and ‘appropriate or deserved.’ Many philosophers have tried to define justice and their theories can be divided into three main areas, Justice as Harmony, Distributive Justice and Utilitarianism. Socrates and Plato theorised Justice as harmony. They said that a person’s souls has three elements; reason – the mind responsible for making decisions, spirit – human will responsible for carrying out decisions and desire – emotions that need to be controlled. They believe justice is achieved when all of these elements fulfil their functions and work in harmony.
The complaint leads to a summons being served to the defendant. The summons requires the defendant to appear in court to answer the plaintiff’s complaint. The defendant must appear regardless of her opinion of the lawsuit. The answer is the defendant’s response to the plaintiff’s complaint. An option to file a cross-complaint against the plaintiff is presented at this point if the defendant thinks it is necessary to seek damages they may incur because of the plaintiffs suite.
The first discovery is interrogatories, which is allowing one party to answer questions under oath to describe to exactly what happened from his or her perspective. Then there is a request for admission by one party to admit or deny that the paper work the two parties agreed on is true. For example if when the plaintiff attorney is asking the defended if they owe the plaintiff any certain amount of money. Another discovery is the request to produce or inspect. This paper work allows each party to view one another documents along with physical property to the lawsuit.
Did the Laws of the US allow the courts to grant Marbury such a writ? 3. If they did, could the Supreme Court issue such a writ • For the first question, Marshall ruled that Marbury had been properly appointed in accordance with procedures established by law, and that he therefore had a right to the writ. Because Marbury had a legal right to his commission, the law must afford him a remedy. The Chief Justice went on to say that it was the particular responsibility of the courts to protect the rights of individuals even against the president of the US.
Bill of Rights I am going to discuss the courts going through the motions in the Criminal Justice-due process. The US. Supreme Court has through the due process clause of the 14 Amendment, consist of the protections and the prohibitions contained in the Bill of Rights. The Supreme Court also requires that the state and local government obeys those portions of the Bill of Rights that have been incorporated through noble law-makers. Procedural due process is simply a requirement that the substance of any law be applied to a person with fair procedures by any tribunal that is hearing a case.
Purpose of legislative branch – makes laws 42. Purpose of Executive branch – enforce laws 43. Purpose of Judicial branch – to interpret laws, to determine their meaning, and to settle disputes within the society. 44. Judicial review – the power of a court to determine the constitutionality of laws 45.
Legislative Facts- Can be subdivided into three areas, legislative history of a relevant statute, interpretation of nonlegal facts used in a relevant legislative process, and information about the impact of extant law. Adjudicative Facts- include, but are not limited to, common definitions, pronunciation, idioms, slang, and body language. Political Facts & Matters of Law Why do officers have the right to temporarily detain private citizens? In your opinion, should the officers have this right? Use cases and court proceedings to support your opinion.
Case Law. These are rules of law announced in the court decisions. These include interpretations of constitutional provisions, or statutes enacted by legislatures, and of regulations created by administrative