...thing. This power, however, requires that the judicial branch have effective judges for everything to work properly. Judges have immense responsibility. In criminal trials, they are responsible for making sure that the lawyers follow all of the rules of evidence, and insuring that defendants get every right afforded to them. They make sure that everything is fair, and that the jury is given adequate information to decide the factual guilt or innocence of a party. In civil trials, judges must decide hard cases. In other words, where the law is not exactly clear on a subject, and a novel case comes up, they have the responsibility of interpreting precedent and deciding, in some cases, what the best policy to adopt is. Judges are "bound" by precedent. In every case, the judge must write down his decision, explaining why he decided the way he did, and that decision is published in what are called reporters. These decisions become law. Then, when a similar case comes up, the judge must know the law that has been decided in previous cases, and must evaluate his or her case in light of those previous decisions. This is what is called "precedent." An effective judge will be guided by precedent. They will interpret those cases decided before the one at hand, and will decide what those precedents dictate. In cases where precedent does not dictate a ruling, an effective judge will look at what will result from different rulings, and pick the best possible...
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...Tan Nguyen Judge People Based on Their Appearance Since the time we were children, we were told not to "judge a book by its cover." However, there are some instances where this is not only helpful, but necessary. For example, if I see someone who is a bad student, I can make the decision to avoid that person and not to make friend. Thus, judging people based on appearance is a very useful skill that can aid me through the rest of my long life. There are a lot of ways to judge people, one of them is food and how that person eats the food. As a beginner, I think a restaurant is a great place to start because I can also judge people by what they are eating and how they eat. For example, last weekend I went to Cheesecake Factory with my friends in Oakridge Mall. I saw a couple, and the man were eating steak, and the woman were eating a vegetarian dish. I think that man may has or will has problem with his health, beause meat eaters always have blood problem and intestinal diseases, obesity. The man maybe often impulsive. In life, he tasted much experience failure as well as success. The woman needs to be careful when choosing him to be her your colleagues or husband because they rarely remain calm and always reacted with criticism or blame. But the woman is different, she were eatting with her mouth shut, and she didn’t make any sound while she was chewing. The personality of this very carefully and always be cautious in all matters. She might has worked well with all the principles...
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...Judges Our system of government is a system that relies on balance in order to prevent a concentration of power and is arguably the most powerful. With its ability to declare both executive and legislative actions unconstitutionally, the judicial branch has a lot of space in determining the final say on whether or not our country can or cannot do a particular thing. This power requires that the judicial branch has effective judges in order to work properly. All judges carry an enormous amount of responsibility. In criminal trials, they are responsible for making sure that the lawyers follow all of the rules of evidence, and ensure that defendants get every right that is afforded to them. They make sure that everything is fair and that the jury is given adequate information in order to decide the guilt or innocence of a party. In civil trials, the judges must decide hard cases by interpreting precedent and decide which policy would be best where the law is not exactly clear on a subject. Judges are responsible for many tasks within the courtroom. The most important responsibility of a judge is to take the oath of office and to uphold that oath. They must swear that they will do their best to ensure that all official duties within their capacity are successfully executed. Judges are somewhat like referees during trials as well as sentencing agents during criminal cases. Judges are also...
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...a book. Read the passage carefully and then answer the questions that follow it. Human passions have mysterious ways, in children as well as grown-ups. Those affected by them can’t explain them, and those who haven’t known them have no understanding of them at all. Some people risk their lives to conquer a mountain peak. No-one, not even they themselves, can really explain why. Others ruin themselves to win the heart of a certain person who wants nothing to do with them. Still others are destroyed by their devotion to the pleasures of the table. Some are so bent on winning a game of chance that they lose everything they own, and some sacrifice everything for a dream that can never come true. Some think their only hope of happiness lies in being somewhere else, and so they spend their whole lives travelling from place to place. And some find no rest until they have become powerful. In short, there are as many different passions as there are people. Bastian Balthazar Bux’s passion was books. If you have never spent whole afternoons with burning ears and rumpled hair, forgetting the world around you over a book, forgetting cold and hunger - If you have never read secretly under the bedclothes with a torch, because your father or mother or some other well-meaning person has switched off the lamp on the plausible ground that it was time to sleep because you had to get up so early - If you have never wept tears because a wonderful story has come to an end and you must ...
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...CASE EXAMPLE A: Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months. The job offer letter she had been given mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The employer is an employment at will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back. The legal issues in the case of Elaine versus Jerry the employer consist of possibilities of prodigious career chances, where Elaine was looking to have a great career opportunity. Bearing in mind that the employer is an “At Will” employer, does the company need to provide an explanation for the dissolution of employment? Are there principles abuses or various types of discrimination that played a part in the cessation of the plaintiff? There are several inquiries that must be responded before a ruling can be made in this case. Did the company have the right to terminate Elaine without providing an explanation of the reasons that took the owner to make a decision to rescind her services? Are there satisfactory suggestions to a violation of the business ethics as an employer or discrimination against Elaine? Was the employment contract a valid contract or was it merely a paper on the table. (Henry p. 204) Elaine has needs to become a person who will need to look for the...
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...Judges: The book of Judges was written between 1050 and 1000 BC and even though the author is thought to be unknown, Samuel could have possibly been the creator. The book of Judges spanned over a period of roughly 325 years and it described a very dark time in the history of Israel. The first civil war for Israel was also documented in this book. Judges was written from a prophetic view point for the people of Israel and the main lesson was to teach them that God will judge and punish all sin as well as the sinners for the acts they commit. It also told how God would always return to his people once they seek forgiveness and repent for their sins. The book of Judges has shown many generations how not to act and it reminds everyone that we...
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...IMPEACHMENT OF A JUDGE PROCEDURE OF IMPEACHMENT: Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment. A member of the higher judiciary, which means the Judges and Chief Justices of the Supreme Court of India and the state High Courts, can be removed from service only through the process of impeachment under Article 124 (4) of the Constitution on grounds of proven misbehaviour or incapacity. In India, there is no other process by which a Judge can be removed from office before his term comes to an end. However, the process is very cumbersome. Impeachment of judges can only be done on grounds of 'proven misbehavior' and 'incapacity'. if a judge of SC is to be impeached, recommendation must be made by the chief justice of India to the President. if it is accepted then a proposal for impeachment must be introduced by atleast 100 MPs in Lok sabha or 50 MPs in Rajya sabha. the concerned judge is to be given a copy of the proposal before the discussion takes place in the Parliament. the motion should be passed by a majority of two-thirds of the members present and voting ,seperately in each house. if the motion is passed...
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...Seth Hendrix Mrs. Cunningham English 3 15 March 2016 Danforth Judge Danforth was a politician that believed in honor and recognition; he closely followed the rules of which he set in stone, and is a perfect archetype of the puritan society. As the governor of Massachusetts during the Salem witch trials, Judge Danforth was called, along with Judge Hawthorne, to deal justice and deal with the situation. Throughout the play he is made out to be incredibly precise and scrupulous with everything he does. Due to a perhaps pompous position of power, his attitude and demeanor come across as very stubborn. Nearing the end of the play, his mindset that any wrongdoing is punishable becomes applicable to him, and he is unwilling to consider the possibility he might have made a grave mistake. Almost ironically however, the real-life Thomas Danforth is much the opposite. Arthur Miller wrote The Crucible to criticize the McCarthy hearings and the hysteria surrounding them and he used the Salem witch trails to do so; as he saw many parallels between the two. To do this, Miller portrays Thomas Danforth, who, in real life, did not even sit on the Court of Oyer and Terminer,(Linder 1) (A group dedicated to the prosecution to those accused witches) is a bitter, scrupulous, controlling old man set on keeping order, or, what he believes to be order. The McCarthy hearings were quite harsh and Miller needed a reciprocated leadership shown in the Crucible. (Lorcher 1) To do this, Miller bent the...
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...You Be The Judge 11.1, page 288 In a boundary dispute over the location of an underground spring, plaintiff calls a dowser to testify that he dowsed plaintiff's land and estimates a spring flowing approximately 500 feet beneath the surface. 1. Does this testimony constitute scientific knowledge? No, dowsing is not recognizes to be effective in the scientific community. 2. Should it be admitted under the Frye test? No, this would not be admitted under the Frye test because it has not gained general acceptance in the particular field in which it belongs. 3. Should it be admitted under the Daubert test? No, the judge to allow admittance the court requires the expert to tie there assessment to known scientific conclusions. Explain your reasoning. Dowsing is not recognized in the scientific community, it was the ancient art of finding things, there is no scientific evidence to prove that dowsing is effective. For it to be admitted under Frye it must be sufficiently established and have gained general acceptance under the scientific community. Under the Daubert Standard even though the dowser might have specialized knowledge in dowsing it can not be admitted because it does not contain facts or data that have been proven and accepted in the scientific field. The testimony must be based on reliable principle and methods. It is the role of the trial judge to ensure relevance and reliable scientific evidence to allow the testimony to be admissible. The testimony of the Dowser...
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...Dear Judge Heartling, I am writing this letter on behalf of Jacob Coldon. I request and plead for leniency in his sentencing. I have known Jacob since he was 5 years old. During that time, I have always known Jacob to be a kind, giving and loving person. Jacob has always tried to do the right thing. How he ever got into this situation is so baffling to me, as this is not the young man I have known just about all of my life. Jacob is a defensive end on the football team and enjoys playing. He hopes to play football professionally one day, but unfortunately charges being brought up against him will put a halt on that. This is a terrible crime that has been committed and no one is trying to minimize the wrongdoing or hurt that Jacob has caused the victim, her family, and his own family and friends. This is the first crime Jacob has committed, and requiring him to register as a sex offender will destroy him and whatever future he has as a professional athlete. Jacob is only 17 years old and didn’t realize the seriousness of the crime. So please find it in your heart and take into consideration Jacobs age and the future he has ahead of him. You don't know me and you don't owe anything to me or Mr. Coldon. Yet, I am asking you to be as lenient as possible in delivering your sentence. May you find mercy in your heart. Thank you, Jennifer...
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...Brian Judge ENG 1111: College Writing 3/23/2010 Museum Visit 1. No, I have been to the museum once before 2. The entrance to the museum is very historical because the outside structure is similar to a palace where kings and queens lived. In order to get in the museum, you have to stand in line and when you get to the front desk, you have to either pay or show an ID if you are a college students. While in line, you can view the televisions above the front desk, which give ticket prices and such. After that, you walk to where security checks your ticket and then lets you in. If you have a bag, they will give you a ticket of some sort for you to come back and get it. The security there is very strict about the policies of the museum such as no touching whatsoever. 3. Two of the areas that I visited in the museum were the Secrets of Tomb 10A: Egypt 2000 B.C. and the exhibit of Albrecht Dürer who was known as aVirtuoso Printmaker. 4. The Egyptian exhibit had a dark setting to it with its historical accuracy. Being in the Egyptian exhibit was extremely exciting for me because since I am a fan of ancient Egypt, I was able to view several fragments, sculptures and tombs that once existed during that time period. Being in Albrecht’s room of prints was different because I hadn’t heard of him when it comes to art, so I was able to have a fresh start. I learned that he was the pivotal figure of Late Gothic and High Renaissance German art. 5. One piece...
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...CASE EXAMPLE D: Zoom Car Company manufactures automobiles. Among the many extra features it offers its customers is a compass on the dashboard. The compass is made by Corrigan Rulers Compasses and Slide Rules, Inc. and installed by Zoom Car Company. Daniel Boone bought a car from Zoom that had a dashboard compass. Unfortunately, the compass was faulty and, as a result, one night Daniel got lost and drove into a high crime area where he was dragged from his car and severely beaten. He has sued Zoom for his medical costs. (100 points) The legal issues involved in this case are very important, which includes physical injuries. Mr. Daniel Boone is the plaintiff and Zoom Car Company is the defendant. Mr. Boone purchased a car from Zoom, which had a dashboard compass. And the compass was faulty which misled Mr. Boone to the wrong direction. Then he got lost and drove into a high crime area, that he was dragged from his car and ended up with horrible beaten. So Mr. Boone is suing Zoom Car Company for his medical expenses because the faulty feature of the car caused his injury. As the plaintiff, Mr. Boone claims that Zoom Car Company should be responsible for his medical expenses, since it was the result of the faulty compass. Even the faulty compass was made by Corrigan Rulers Compasses and Slide Rules, Inc., but Zoom Car Company installed it to the car. And they should have tested and inspected the compass to make sure it works properly before they installed it. Thus, he would not...
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...Case B Chunk is the anger management counselor for the XYZ Counseling Agency, a Limited Liability Company. Recently, XYZ Counseling Agency has been sued by a client named Wilbur for the reason that Chunk beat up him because of his failure during the counseling session two moths ago. In fact, XYZ Counseling Agency has admonished Chunk a week earlier because he grabbed a client by the arm and shook him. XYZ Counseling Agency has a specific policy against violence. In addition, Chunk was fired by another company in result of the violence five years ago. So Wilbur used XYZ Counseling Agency. Wilbur sued XYZ Counseling Agency because he was beaten by the company employee Chunk during the counseling session. And he believes XYZ Counseling Company should be responsible for behavior by their employees. In this case, the client is suing the counseling agency because he was physically assaulted by one of its employees. Wilbur, the plaintiff is suing XYZ Counseling agency because an employee(Chuck) physically assaulted him during an anger management session; he holds the company responsible for the employee’s action. By making a decision to hire Chunk despite his bad work record the counseling company took up responsibility foe his actions, thus providing the plaintiff enough reason to sue the defendant of the grounds of “tort of negligence”. The most important reason why Wilbur is suing the counseling company and the individual employees is that the company should be responsible...
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...Contrast the moral and responsible behavior of the Israelites between Judges 16-19 and Ruth 1-4 Even though God’s people are unfaithful to him, he would still be faithful to them. In the book of Judges there are twelve individuals who are considered saviors. They save their own tribes or a number of tribes from these invaders or tribes that were not intended to be in control of Canaan. However, the Israelites allowed them to control those sections of Canaan. Those that delivered the Israelites were called Judges, meaning they delivered the Israelites from their oppressors. In Judges Chapter 16, Samson is an example of a person who was initially faithful and obeyed God and was a savior and deliverer of Israel. He became unfaithful to God in disobedience but then God is faithful to him. Samson’s strength was symbolized by his hair, however, a prostitute was sent to seduce him in order to find out what actually gave him strength. In disobedience to God, Samson conveys his secret to her which leads her to cut off his hair and causes him to be taken as a prisoner and blinded. This was a result of Samson’s punishment on the account of his obedience to God. Because Samson is weakened from the lost of his strength, his tribe is left without defense and they’re oppressed. After so many years of his repentance and confession of sin, he is now placed in a situation to deliver the Israelites from their oppressors. With God’s strength provided to him, Samson was able to destroy the leadership...
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...BEING THE JUDGE: WEIGHING EVIDENCE Student’s Name Prof’s Name Course Title Date The case involves Ms. Cluster and her neighbors who live in the next to her. Ms. Cluster secretly takes the photo of her friends without permission using the wrist watch camera. In the pictures, they show the neighbor relaxing and reveal a pet that is playing. She goes ahead to use the photos in her book known as the ‘My Neighbor'. On seeing this, Ms. Cluster’s neighbor sues her to the court of law for invading her private life without permission. She claims that the aim of Ms. Cluster was to invade her secret life by the photo exhibition in her book ‘My Neighbor'. Ms. Cluster claims that the photos had no justified expectation of privacy under any circumstances. She claims that the photograph did not show any intimate moments in the lives of the resident. With the case presented the judge gives the jurisdiction of the case. The modern technology has come with a lot of inventions. The wrist watch camera or the spy cameras are one of the most improved and current technology. The wrist watch camera is a fashionable watch and a surveillance device with durable materials. Its stylish design enables it to be worn in any situation. They are undetectable mini pinhole cameras that allow the device to shoot videos and cameras. The surveillance wrist watch camera is mostly used in crime investigation and business negotiation. In our case, Ms....
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