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.
Legal theories is a blend of legal, political, social and economic considerations and as a result it has redundantly risen and fallen. Nonlegal influences allows scholars to put theories in particular categories that allows one to get a clear perspective of certain theories. Both methods are board in scope with the intent of clarifying the constitution‘s actual meaning. However only nonlegal methods gives a depth clarification of indicated theories pertaining to the constitution. Describe the two general methods of interpreting the Constitution.
The Evolution of the Commerce Clause Business regulation is one of the most debated features of modern politics. Regulation is commonly known to effect business ability to be competitive in both internal and external markets. The federal government’s ability to regulate business has grown out of the judicial branches’ constant manipulation of the contextual meaning of various elements of the Constitution. The progressive manipulation is a non-debatable fact, but the overall benefits, or consequences is a hotbed for argument. Progressives carrying the belief the importance of a living constitution are pinned up against Originalist who quest to preserve the original founding fathers intentions behind the text of the constitution.
Analyse the ways history and memory generate compelling and unexpected insights. In your response, make detailed reference to your prescribed text and at least ONE other related text of your own choosing. History and memory are both multifaceted ideas that are challenged continually. History is often perceived as fact, in the recount of an event or retelling of a story that did in fact, take place. Through study however, it becomes clear that history is a consequence of memory, which makes it unreliable and changed by circumstance.
Rudolf von Jhering, a German jurist recognised law as a means of ordering society in a situation where there are many competing interests, not all economic. His view was that legal developments were driven by the constant tussle between individuals and groups within society to have their interests portrayed and supported by the law. He expressed that law could be used in self-interest by individuals and groups in order to achieve advances in their own purposes. As a result, the law acts to determine the true balance between different interests by examining the value of each. The American legal scholar, Roscoe Pound, was influenced by Jhering.
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”.
* * * * * Research Process and Terminology * ME * CJA/334 * March 5, 2014 * Dennis Dougan * Research Process and Terminology * How will this new terminology and knowledge apply to a career in criminal justice? Essentially, understanding the terminology that is associated with a specific career path is important because of the use it gets in the line of work. In criminal justice and other social science careers, the terminology carries over and without understanding it completely, terminology can hinder research capabilities as well as understanding previous research materials. Although different criminal justice careers have their own terminology based on their line of work, the research terminology is nearly universal. How can not knowing the proper terminology affect you as you conduct criminal justice research?
“Whenever the courts draw a line to mark out the bounds of duty, they do it as a matter of policy so as to limit the responsibility of the defendant”. (Spartan Steel v Martin & Co [1973] QB 27, per Lord Denning, MR) Discuss the above proposition, with reference to at least three cases. Maximum 600 words (excluding citations in footnotes; other text in footnotes counts towards the word limit). One cannot deny that policy has always been a contributory factor in determining the existence and extent of duty owed by the defendant in atypical cases. Despite being restrictive of the responsibility of the defendant most of the time, it does, however, also extend the liability of the defendant in certain cases.
For example, should judges embrace “mind reading” and issue orders based on mere fMRIs? Intentionally crude and tendentious, this sentence was meant to demonstrate that focusing too narrowly on such cases can impoverish our understanding of how science can interact with law. To avoid this fate, we should systematically investigate four separate quadrants, produced by intersecting two conceptual axes based on “specificity” and “time.” Axis of Specificity. Making new law or applying existing law both require some understanding of the “facts”—either the factual contours of a problem to be solved or the factual particularities necessary to apply general legal principles to a specific case. But as legal scholars have noted, facts can be specific or general (e.g., Faigman, 2008).
As discussed within this paper the vast amount of studies and research surrounding the 'legal' causes of miscarriages of justice are just simply being reinvented. This will not eradicate the problem, it just highlights the need, to expand on the existing tactics, in order to accomplish a deeper understanding, of the causal factors of miscarriage of justice cases. There is also a need to search for the truth, and as all evidence has the ability to become contaminated, the CPS should acknowledge, that there is possibility, for eyewitness evidence to be contaminated also. It is essential to develop a criminology of miscarriages of justice in order to gain an in depth understanding of the root causes in order