...CHAPTER 9- THE CONCLUSION Lately, The Attorney General said that the NJAC does not impede with the sovereignty of judiciary or encroach upon the basic structure of the Constitution. "Appointment of judges is just a trifling part of independence of judiciary but the major part comes into function after the appointment. Also, independence of judiciary should not be taken in comparison with the transfer of judges. There are many pillars of judicial independence and it is a far cry that every element of independence is equated with basic structure," AG contended. The AG claimed that there was no connection between appointment of judges with the basic structure of Constitution and Parliament had the power to take decisions on the process to...
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...Fact of the Case This suit regarding damages for breach of fiduciary duty where plaintiff claimed against the first defendant and 3 others who holding director position in Kesang Corporation Bhd ('KCB') for transfering a property owned by him to a third party without his concern. The property is an apartment in Tanjung Tuan Port Dickson which was bought from a company known as Tanjung Tuan Resort Development Sdn Bhd which then transferred to KCB and then to third parties. The plaintiff's claims against the second, third and fourth defendants have previously been withdrawn. Plaintiff claimed against the first defendant for damages for breach of fiduciary duty as a director of the plaintiff's company. The trial of the case began on 21 March 2005. While the present case of trial still ongoing, Plaintiff applied to obtain a leave of Bankruptcy to proceed against the first defendant pursuant to Bankruptcy Act 1967 on 23 January 2007 who had hear adjudged as bankrupt on 11 July 2005.The case call up for continued hearing on 30 March 2007. The first defendant counsel inform the court that he had applied to the Director General of Insolvency for sanction pursuant to s 38(1)(a) of the Bankruptcy Act to defend the action and to retain Messrs David Lingam & Co as his solicitors and Mr. David Lingam as his counsel. On 13 September 2007, Encik Zahari who represented the Director General of Insolvency and Encik Sadacharam Raman as amicus curiae applied for an adjournment for sanction...
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...Once a person has either pleaded guilty or has been found guilty of a crime a judge must determine a sentence that they must receive. Sentencing is imposing a criminal sanction by a judicial authority. Each year there are thousands of criminals that appear before a judge or judges to be sentenced for their crimes committed. Sentencing descriptions are primarily for felony offenses, or those that are punishable by less than one year of incarceration. Mandatory minimum sentences, three strikes laws and sentencing guidelines frequently require specific sentences, with little consideration of personal factors regarding offenders, their crimes, and victims. The state and federal court system have similar and different objectives of punishment. The state and federal corrections system are affected as a system overall. There is a correlation between determinate and indeterminate sentencing when sentencing a criminal offender in the judicial process. Indeterminate and determinate sentences are the two primary models used throughout the united states. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a relesase authority to determine the actual time served. During the time of sentencing the judge sentences offenders to indeterminate sentences , with a minimum and maximum amount of time to be served. After the offender serves the minimum amount of time he or she is eligible for release by the parole board. The offender may serve the maximum sentence...
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...An Assignment On “The Constitutional bodies in Bangladesh” Course Name: Public Administration in Bangladesh Course Number: PA-123 Submitted to: Dr. Syeda Lasna Kabir Associate Professor, Department of Public Administration University of Dhaka. Submitted by: Mukarram Hussain 1st Year, 2nd Semester Session: 2011-2012 Roll: kj-059 Department of Public Administration University of Dhaka. Date of Submission: October 11, 2012 Introduction: Constitution is the supreme law of a country. Legislative, executive and judiciary are chief organs of the government. According to the theory of separation of power, check and balance between these organs is necessary. In democratic and constitutional system, each body can exercise its power within the boundaries set by the constitution and allows other organs to perform its work freely without interfering in others’ jurisdiction and without being interfered. To prevent the abuse of the state power, and to consolidate the rule of law, besides legislative, executive and judiciary, other constitutional organs are also envisioned in a constitution. Constitutional bodies in Bangladesh: There are some constitutional bodies in Bangladesh. Constitutional bodies are those offices or, persons their establishment, recruitment and retirement follow the rules of law of the constitution. The constitution of Bangladesh contains the provisions or articles defined the rules of establishment of those bodies and the recruitment...
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...Monday, Wednesday Class #38 STATE OF LOUISIANA * DOCKET #: 10-3811 Division “J” * VERSUS * 19TH JUDICIAL DISTRICT COURT * DARRYL HUNT * PARISH OF NEW ROUGE POST-TRIAL BRIEF IN SUPPORT OF THE DEFENDANT’S MOTION FOR NEW TRIAL _________________________ TABLE OF AUTHORITIES Statutes U.S. Const. amend. XIV………………………………………………………………5 LSA-C.Cr.P. Art. 797………………………………………………………………..10 Cases Batson v. Kentucky, 106 S. Ct. 1712 (1986)…………………………………………10 State v. Jones, 09-0751, (La. App. 1 Cir. 10/23/09) (unpublished)…………………..6 State v. Prejean, 09-0878, (La. App. 1 Cir. 10/27/09) (unpublished)………………..8 Books The American Heritage Dictionary of the English Language, 101 (Fourth ed., Houghton Mifflen Co. 2009)………………………………………………………....7 Periodicals 23 S.C.Jur. Jury § 30 (2010)………………………………………………………….7 Other David Schepp, BBC, Gold Teeth Are a Gold Mine, http://news.bbc.co.uk/2/hi/business/1471097.stm (posted August 3, 2001, 4:51 p.m. GMT)…………………………………………………………………………………7 Ghetto. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/ghetto (accessed April 18, 2010)...........................................7 Nigger. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/nigger (accessed April 18, 2010)............................................
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...What Diversity means to me… Diversity to me is the balance of different cultures, races, sexes, religion, appearance, sexual orientation, disabilities, and many more things. It’s the ability to look at someone else and to realize they are different but not treat as they are. The way you look at others and judge them could be the same way others look at you and judge you and make decisions based on what they do and do not like about you. You would not want someone to do this to you or to treat you unfair so why would you do it to someone else. Diversity is a way of saying yes I know your different from me, but I accept it! I believe everyone has a God given right to be different and unique. Who’s to tell you that the way you are is not right? Maybe it is them that are out of sorts. I don’t think anyone should be judged about how they are or where they are from especially if it is not harmful to something like a job or something. For example, a horrendous and unbearable odor or perhaps filthy clothes at a professional workplace. With that being said if hurtful mishaps are not in place than why are you worried about the next person? If you have time to sit around and criticize people maybe you need to find a hobby or something to occupy your time better. You have to much free time on your hands, are you being paid to criticize? There are thousands of jobs today that discriminate on women everywhere. They don’t let the women do certain things because...
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...nothing to gain or lose by our verdict. This is why we are strong” (pg 50). Robinson creates this microcosm of the Judicial Branch through 3 characters which are Jurors 3, 8, and the foreman. These characters make up the microcosm by becoming sides of the justice system and representations of where the young man is guilty or not. Juror 3 is the side that believes the young man is guilty and opposes him which can mean that the he is more like the plaintiff or prosecutor in the justice system. On the contrary Juror 8 believes the young man is innocent which means that he is more like the defendant’s side in the justice system. The foreman is the one who calms the situation and stops a conversation from becoming too heated. He is most like the judge or bailiff that consoles both sides and communication solutions to the jurors. For example, when they could not decide who was on which side the foreman asked that they should take a vote to show where everyone stood. This helped the jurors ask the right questions to each other. It was necessary for Rose to create a microcosm because without the story could not really have clear sides and have a clear setting. When Rose...
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...manipulation or favoritism. Tribunals came under scrutiny in 1957 with the Franks Committee. The committee claimed tribunals were “cheapness, accessibility, freedom form technicality, expedition and expert knowledge of their particular subject” (lawobserver.com). The franks report led to the Tribunals and Inquiries Act of 1958 which has now been replaced by the Tribunals and Inquiries Act of 1992. Under these acts the Council on Tribunals came into being and was given the role of supervising Tribunals. The reasons tribunals are important between countries are, let’s say; War took place in Britain, a tribunal formed/convened in Britain they maybe accused of leaning towards the British side when the hearings start. An independent tribunal would judge the situation without bias. Tribunals are...
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...BECOMING A JUSTICE JUDGE BY ROB BRIGHTON CRIMINAL JUSTICE 1010 DECEMBER 2, 2011 ! I have been working in the Criminal Justice field for over four years as a Police Officer. I have experienced many things and am always looking to better myself in education and training. I hope to build on the background that I have now and pursue a Bachelors degree and eventually a Law degree so that I can become a Justice of the Peace or Judge. This paper is about an interview with a local magistrate, Judge Keith L. Stoney of Utahʼs 3rd District for Salt Lake County Judicial, West Valley City and Saratoga Springs Justice Courts. The time, the education, the benefits and the sometimes lengthy process of what it takes to sit on the “Bench” are all covered in the following paragraphs. JOB TITLE ! The official title of the position that Judge Stoney holds is as follows: Honorable Judge Keith L. Stoney Utahʼs 3rd District for Salt Lake County Judicial, West Valley City Justice Judge. Judge Stoney also works as Saratoga Springs Justice Judge. To break this down let me try to explain in brief how Utahʼs court system is organized. At the top you have Utahʼs two appellate courts, the Supreme Court and the Court of Appeals. Next are the trial courts which include District, Justice and Juvenile Courts. There are also two administrative bodies, the Judicial of Council and the Administrative Office of the Court. Basically the policy making body of the courts. The state of Utah is divided into 8 judicial...
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...even in economically developed liberal democratic states recognized for the rule of law. This was particularly indicated by leading US constitutional scholar ‘name’, ‘there is a disagreement about whether or how to criticize judges and their decisions, and about whether or how to discipline judges. And, of course, there is pervasive disagreement about whether our judges exhibit too much or too little independence.’ The problems are exaggerated in cases of developing countries with unstable democracies and non-liberal authoritarian regimes. The key objective of this essay is to subject judicial independence and the statements presented on its behalf to critical examination. China is of use when analysing general ideas as it signifies a challenge to the universal understanding about what judicial independence is and why it is important. Although China ‘has never had independent courts’, the country continues to be an effective single-party socialist authoritarian regime, becoming a likely model for other developing states. Judicial Corruption in China It is certainly reasonable to say that judicial independence is an acknowledged theory in the Chinese Constitution. The original 1954 Constitution declared the need for the Supreme People’s Court (SPC) to judge cases independently. In the current Constitution, Article 126 additionally states that the SPC shall use judicial power independently in accordance with the law, without any intervention by governmental agencies or social...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...Subject: Case #2, Hamilton County Judges Introduction In an effort to better evaluate the performances of the judges of Hamilton County, the Cincinnati Enquirer hired the firm of DLS to investigate the courts. DLS examined all cases disposed, appealed, and reversed in Common Pleas, Domestic Relations, and Municipal Courts over a three year period. The data provided to the investigators consisted of 182,908 cases handled (disposed) by 38 judges. The investigating team of DLS assessed rankings based on the performances of the judges. Methodology The investigators from DLS used the table provided to assist in the data analysis. Excel was the primary software used for the case. Tables were formed to show the probabilities of appealed and reversed cases. The tables included information from all three courts and provided probabilities of reversed cases, appealed cases, and reversed given appealed cases. Tables and bar charts were used to designate the rankings of the judges’ performances. The bar charts contained data of the probability of appealed or reversed cases. Results From the data collected (see Appendix A, Table 1) analysis was conducted. The judges were each given a probability of cases appealed, reversed, and reversed given appealed. The judges were then ranked based on the probabilities in the different courts. Table 1.2 covers the Common Pleas Court and in this table the team of DLS provides the ranking of each judge based on the probability of cases...
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...Topic 1: The Legal System TABLE OF CONTENTS | | | |Introduction |1 | | | | |The Local Court |2 | | | | |The District Court |4 | | | | |The Supreme Court |6 | | | | |Alternative Dispute Resolutions |7 | | | ...
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...information from the Common Pleas, Domestic Relations, and Municipal courts were submitted for review. This review complied information from 38 judges who had a total of 182,908 cases presented to them over a three year period. This review showed the number of cases that were disposed, appealed, and their verdicts reversed. The review was to assist in determining which judges have a greater proficiency trying cases and their verdicts stand as rendered rather than the verdicts being appealed or reversed. Each judge’s case load was reviewed and the statistics were determined by how many cases have been appealed, reversed or a combination of both. The below information will assist in determining which judges have made the most along with the least incorrect verdicts during the three year period reviewed. This review will show that for all the disposed cases during the evaluation period the probability of a case being appealed and reversed in the Common Pleas Court was 0.1129 (11.29%); Domestic Relations court probability of a case being appealed and reversed was 0.1604 (16.04%); Municipal Court probability of a case being appealed and reversed was 0.2080 (20.80%). The probability of a case being appealed for the Common Pleas Court, per judge is below: Judge | Appeal Per Judge | Reversed Per Judge | Reversal of Appeal Per Judge | Fred Cartolano | 0.04511 | 0.003951 | 0.087591 | Thomas Crush | 0.035291 | 0.002966 | 0.08404 | Patrick Dinkelacker | 0.034976 | 0.006359...
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...individual that police feel might be suspicious of drug trafficking, criminal suspect, and fugitives with no probable cause and being allowed to do this by some judges. Federal Official are regularly going to judges in order to retrieve cell phone data from cell phone companies on suspected fugitives, drug traffickers, and suspected criminals and in some case the judge has allowed them to without showing the courts any probable causes thinking a crime may be in play or they can find specific evidence to a crime. This proceeding goes on in secretive as order by the government and the information is sealed making it hard to prove injustices. Federal official was granted this data in October 2006 in helping with the capture of a Florida serial killer that linked in four states to six other murders, including the murder of a University of Virginia student at Blue Ridge Parkway, killer kills themselves in shooting with police in Florida. Law enforcement is not interested in tracking data for innocent citizens, they believe they are doing this legally and getting a lot of criminals off the streets. Allowing secret alteration in tracking cell phone device with no probable cause raise serious concern able our Fourth Amendment rights where phones in our homes and other places which are consisted reasonably private. A lot of judges are allowing...
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