In this essay, first the arguments of the Federalist Paper and the Supreme ruling of Marbury v. Madison will be discussed. Then these two sources will be compared and the similarity and difference will be clarified. Finally, the necessity of judicial review in the checks and balance system and its importance will be proved. One of the most important features of the jurisdiction, Hamilton stated, was the complete independence of the branch from the other two branches. The tenure in which the judges hold during good behavior is their biggest protection and creates the separation from other branches.
Sources of American Law Maria PLA1003 Intro to Paralegal August 16, 2012 It is very useful to learn how to use legal research in our modern society but the basic search that you most know is how to use your primary sources. Primary Source consists on Court decisions, statutes enacted by legislative bodies, rules and regulations created by administrative agencies, presidential orders, and any document establishing the law. Common law and case law consist on decisions and rules developed by judges in cases that comes before the courts and similar tribunals, this law is based on the English legal system; it impacted the law by making the authority to make law where no legislative statute exist, under the common law
Many times when research requires the interview of an individual the guarantee that the information will remain confidential is imperative. Most of the time confidentiality may not just be viewed as ethical but in fact it is the governing law. Having the knowledge as to where officer’s stands, in regards as to why they choose the careers in which they do has been attained through basic research within this essay. Many questions were asked in regards to their career through the process of research and the interview process with Sergeant Samuel Massey. It is evident that research is imperative and as long as research is kept within the parameters of the law, the information that is obtained will be justifiable to use later if necessary.
1. Describe these two judicial philosophies. Judicial Activism is when judges/courts do not strictly stick to the interpretation of a law, but create a new one. Easily explained, when an issue is being ruled upon, courts establish a new law to rule broadly on the issue rather than limit their verdict. A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts.
What is a case of first impression?! — Binding authority is any source of law that a court must follow when deciding a case. Persuasive authority is when court review persuasive precedents when no binding authority exist.! —Courts can depart from precedents if the precedent is based on a clearly erroneous application of the law. When there is no precedent to base a decision is called first impression.
Open Roads Peter van Inwagen thinks a compatibilists position is confusing, considering that it should be reason and logic how “choices” of an individual will determine free will and how it is that they define free will and a physically possible choice may determine an outcome. It is not clear when free will and determinism are compatible. For this, Inwagen demonstrates two views to understand and clear the confusion about compatibilist position. He says the easiest view to understand is the first one that gives a clear idea about futures that do not have a physically possible connection with the present are “open” to and individual. Second view is more difficult because compatibilist talk about reasonable futures.
Policy is an important consideration for the courts to decide the duty owed by defendants. Lord Bridge suggested that it should be fair, just and reasonable when imposing duty on defendant. It is thought that the imposition of a duty solely base on foreseeability of damage is not desirable. As Winfield and Jolowicz suggests that “the court must decide not simply whether there is or is not a duty, but whether there should or should not be one.” For the purpose of this essay, I will discuss how policy can influence the imposition of duty. The most important policy concern has always been the “floodgates argument”.
One challenge is that the employers must keep abreast of the changes related to federal employment law and develop individual policies accordingly. The employers must adhere to the laws in order to avoid law suits and put forth effective leadership. Employment relationships are considered to be a contract. As a result, serious consequences can arise if there are any violations of the contract. Another challenge is that there are many restrictions on the employer related to employment law.
Court History and Purpose 1 Court and Its Purpose The judicial system interprets and applies the law through a system of courts, each with a specific position and function. The judicial system serves a very important purpose in interpreting the law. Its purposes is to fairly administer justice, protect rights and liberties, settle disputes, and interpret the Constitution. The three main functions of courts are upholding the law, protecting individuals, and resolving disputes. (Siegel, Schmalleger, & Worrall, 2011).
They need to have knowledge of that industry and be able to relate well to people from different cultures and backgrounds Personal Traits: Important Qualities Critical-reasoning skills. Judges, mediators, and hearing officers must apply rules of law. They cannot let their own personal assumptions interfere with the proceedings. For example, they must base their decisions on specific meanings of the law when evaluating and deciding whether a person is a threat to others and must be sent to jail. Decision-making skills.