Premium Essay

Responces

In:

Submitted By GEEKSTER79
Words 1169
Pages 5
DQ RESPONSE 1
Okay so my understanding in the simplest form of judicial discretion is that it is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Judical discretion can be exercized where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions.
However, where the exercise of discretion goes beyond the constraints that are set down by legislation, this is done through what is considered to be a binding precedent, but also by the constitution. The idea here is that the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ultra vires, and may sometimes be characterized as judicial activism.
DQ RESPONSE 2
I think that in this discussion that it is very important to remember that the United States Constitution created three different branches of government. These consisted of the executive branch, the legislative branch and also the judicial. It was during this time that the doctrine of the separation of powers was created and it was then that they vested certain rights in each of these branches. At the same time that system of checks and balances came into play. What this does is it ensures that each branch of the government is able to maintain some degree of its own independence.
DQ RESPONSE 3
So I was thinking about the whole separation of power rules and what this really means. The idea is that it gives the judicial system some discretion to its judicial branches. A good example of this is that judges are guaranteed to be able to exercise discretion by use of the US Constitution. Judges can use this discretion to decide cases, and to make different common law based

Similar Documents

Free Essay

Incident Responce

...Question 1: What purpose does business resumption planning serve? Answer: BRP helps to resume normal operations quickly or expedite continuity plans to quickly initiate operations at an alternate site until normal operations can resume at the primary site. Question 2: What are the two major component parts of BRP, and how are they related? Answer: The major two component parts of BRP are; 1) Disaster Recovery Plan: Lists and describes the efforts to resume normal operations at primary places of business. 2) Business Continuity Plan: Contains steps for implementing critical business functions using alternate mechanisms until normal operations can be resumed at the primary site. They are related because the BC plan occurs concurrently with the DR plan when the damage is major or long term. Question 3: What is the primary site? Answer: Primary site is the location or group of locations at which organization executes its functions. Question 4: What is the difference between a backup and an archive? Answer: * Backup is the snapshot of data from a specific point in time. The data is considered volatile and is subject to change While Archive is long term storage of a document or data file, usually for legal and regulatory purposes. * For recovery from an incident, backup are the most common solution. For recovery from disasters archives are used. Question 5: What is a retention schedule? Answer: Retention schedule guides the frequency of replacement...

Words: 1288 - Pages: 6

Premium Essay

Statsky Responce

...Response I fully support Jessica Statsky’s stance in her article, “Children Need to Play, Not Compete.” I personally feel that children in today’s society are being emotionally damaged by high expectations of elders on the playing field. I can remember numerous times from when I was a child playing “pop warner” football in the south of being told to hit harder to hurt other players. At age ten I played for a coach that had specific plays intended to either injure the kicker of the opposing team or code words to play dirty on the line of scrimmage. These situations really took all of the fun out of the game and caused players to choose other extracurricular activities the following season. Even as a huge sports fanatic I agree with Statsky’s thoughts when she states, “Before children are psychologically ready for competition, maybe we should emphasize cooperation and individual performance in team sports rather than winning.” Children seek approval and praise from their elders on an everyday basis and when held to a high standard are not receiving this. I have seen numerous individuals upset with their children for coming in second place at a track meet or not making it to state at a wrestling tournament. These children are giving their all but being held to an adult or professional athlete standard. As soon as the whistle blows and the game begins, all fun and camaraderie go out the window. Jessica Statsky exclaims that, “Children are easily influenced, and when they sense that...

Words: 657 - Pages: 3

Premium Essay

Delinquency Deterrence Responce

...We was once teenagers and we all know that teenagers are very sneaky and will commit crimes because they think or know they can get away with it. According to the Choice Theory, the threat of punishment does not deter juvenile delinquency. “Choice Theory holds that youths will engage in delinquent and criminal behavior after weighing the consequences and benefits of their actions; delinquent behavior is a rational choice made by a motivated offender who perceives that the chances of gain outweigh any possible punishment or loss. Some experts believe that delinquent acts will not be committed if teenagers are punished severely. Crime prevention strategies include general deterrence, specific deterrence, and situational crime prevention. General deterrence is crime control policies that depend on the fear of the criminal penalties such as long prison sentences for violent crimes; this strategy is to convince teenagers that the pain of the punishment outweighs the benefits of the criminal act. Specific deterrence is the strategy that if convicted offenders are sent to jail or prison, the punishment is severe enough to deter them from committing another crime once released. Situational crime prevention sis the strategy that relies on reducing the opportunity to commit criminal acts by making them more difficult to perform, reducing their reward, and increasing their risks. Specific deterrence coincides with the general deterrence method. Specific deterrence focuses on the use of harsh...

Words: 360 - Pages: 2

Free Essay

The Sexual Responce Cycle

...The Sexual Response Cycle September 18th, 2011 PSY210 The sexual response cycle is important to understand, as both male and female should learn more about the opposite sex’s cycle. Men and women are very different in several ways; however, their sexual response cycles are very similar. There are four phases to the sexual response cycle, beginning with the excitement phase, then the plateau phase, on to the orgasm phase, and finally ending in the resolution phase. One may experience a sexual dysfunction in his or her life, but no fear there are several common methods of treatment to help resolve the issue. One may find it interesting after reading and understanding the sexual response cycle and how each phase works for both males and females. The first phase in the sexual response cycle is the excitement stage. The excitement stage is characterized by erection in the male, vaginal lubrication in the female, myotonia, which cause facial grimaces, spasms in the hands and feet, and then the spasms of orgasm, and increase in heart rate in both male and female. The excitement phase can cause erection in young men as soon as 3 to 8 seconds after sexual stimulation begins. The scrotal skin also thickens, becoming less baggy. The testes increase in size and become elevated. In the female, excitement is characterized by vaginal lubrication, which may start 10 to 30 seconds after sexual stimulation begins. Vasocongestion, which cause erection in the penis and swelling of...

Words: 1112 - Pages: 5

Premium Essay

Learning Styles Responce Draft

...LaNesha Cameron October 24, 2013 INFT 101 “We have two ears and one Mouth so that we can listen twice as much as we speak.” (Epictetus, 2009)There are a multitude of different learning styles. Auditory learning focuses on many aspects and learning strategies. These strategies include learning by listening to other, listening to feedback, the adoration to ask questions and listen for explanations, and the ability to discuss text when mastering difficult information. Through the Learning Styles Assessment I was surprised to discover that I am an auditory learner. I would have thought myself to be a visual learner. Although listening plays a big part in my ability to learn and comprehend information I also think that it is important to have a visual image, whether it is physical or imaginative. As listening and having a visual image are important so are the strategies that are suggested for this learning style. Learning by listening to others via speech, lecture, and informative recordings have been proven to be successful strategies. This is by far my favorite along with listening to feedback. Feedback is the modification of a person’s performance used as a foundation for improvement. This technique is often in the form of an interview, one on one conferences, and oral surveys. Another one of my favorite strategies is the Q&A method. It has all to do with asking questions and listening to explanations. This method can be found in mentoring...

Words: 461 - Pages: 2

Premium Essay

Dq Responces Week 5 Cjs

...DQ RESPONSE 1 Okay so my understanding in the simplest form of judicial discretion is that it is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Judical discretion can be exercized where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond the constraints that are set down by legislation, this is done through what is considered to be a binding precedent, but also by the constitution. The idea here is that the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ultra vires, and may sometimes be characterized as judicial activism. DQ RESPONSE 2 I think that in this discussion that it is very important to remember that the United States Constitution created three different branches of government. These consisted of the executive branch, the legislative branch and also the judicial. It was during this time that the doctrine of the separation of powers was created and it was then that they vested certain rights in each of these branches. At the same time that system of checks and balances came into play. What this does is it ensures that each branch of the government is able to maintain some degree of its own independence. DQ...

Words: 1169 - Pages: 5

Premium Essay

Res351 Wk3 Individual Question Responces

...Mastering Teacher Leadership Read the case study Mastering Teacher Leadership. Answer questions 1 and 2 at the end of the case study. 1. Build the management-research question hierarchy for this opportunity. Research question hierarchy 1) Management Dilemma- Due to the large number of University’s within the area raises concern if developing another Master’s program would be successful. 2) Management Question- Would creating a new Masters of Arts degree program for Wittenberg University be beneficial to the school and the surrounding communities? 3) Research Questions- What are the needs of the various school districts? How can these needs be implemented and focused into Wittenberg University Masters of Arts program? What are the desired steps to develop an effective educational program? 4) Investigative Questions- Is there a demand for another Master’s of Arts program in the area? 5) Measurement Questions- How many teachers needing to receive their master’s degree would consider this program for their continual education? 2. Evaluate the appropriateness of the exploratory stage of the research design. This particular case used a communicative research design. By using focus groups consisting of local educational professionals and a mailed survey the University was able to collect the required data. The focus group narrowed in on the elements needed to build a strong program and determined the likelihood of its success. The distribution of the survey was a cost effective...

Words: 1955 - Pages: 8

Premium Essay

Hills Like White Elephants Reader Responce

...Hills Like White Elephants In the short story “Hills like White Elephants” I found it to be a very challenging read. When I read it the first time, I was completely lost. As I started reading it the second time it began to make more sense to me. The first thing about it that caught my attention was the title. To be honest, I really thought that it’d be about some elephants in Africa or something but I was wrong. There were no elephants! The story is about an American man and woman having some beers as they wait for the train to Barcelona. So just through the title, I guess you could say that this is an ambiguous text. The text of Hemingway appears to be simple but then again his works are ambiguous, so his text may be further from the truth. The story makes use of light dialogue some even say that the way Hemingway's characters speak is sometimes more important than what they say so when reading his text you really have to take in the dialogue and decode it. I didn't get what the couple were talking about and then after several readings I found out that it was about abortion. It's really interesting how Hemingway could subtly bring about a message without even having it written directly. The powerful writing of Hemingway definitely has made a huge impact on me. I learned not to take everything too literally and to have patience in order to...

Words: 253 - Pages: 2

Premium Essay

Terrorism Annotated Bibliography

...Routledge. London. cragin, kim , daly , sara A. (2004). An assessment of group motivations and capabilties in a changing world. In the dynamic terrorist threat . D S Reese & C S Lewis. (2009). Framing the war on terror. In The international policy in the U.S (pp. 777-797). U.S: US press journalism. D,M, Liverman & Sherman, D.R. (1985). Natural Hazards in novels and fims . In G. J.Burgess & J.R, Implication for Hazards perception and behaviour Geography ; the media and the popular (pp. 86-95). London: Croom Helm. Daniel Kahneman, paul slovic & Amos Tversky . (1982). Judjment under certainty . In H. a. Eds. New yourk: Cambridge university press . Daraz. (2008). community responce towards taliban movements . Malakand: unpublished, university of Malakand ; department of sociology . Daraz, U. (2008). community Responce Towards Taliban Movments . Malakand Pakistan: unpublished...

Words: 453 - Pages: 2

Premium Essay

Unseen Poetry Help.

...interesting, the way the poem is structured or organised Your response to the poem Context What it’s about What happens in each section Is there an order or sequence? Who’s speaking? Story or idea? Ideas What did the poet want us to think about? Is it a story or an idea or an expression of an emotion? Is there a message? Mood and atmosphere What is the tone of the poem? How does it make you feel as you read it? Think about the 5 senses Think about the setting How it is written? Don’t just list or spot techniques Pick out words or phrases that you find effective and try to say why Think about the sound and rhythm of the poem. Does it have a beat? Or is it disjointed? Look at repetition of sounds or words Your Responce It’s perfectly acceptable to say you find a poem confusing or misleading if you can explain why Try to be positive about some aspect of the poem or explain how you relate to an idea or event in it Uses phrases to show your sadness, surprise, enjoyment, anger, frustration, empathy…… The examiner basically wants to know you have read and thought about this poem You should NEVER write... At first I didn’t understand the poem but after reading it a couple of times I think… The poem has no rhythm I think the poem needed to rhyme more because I...

Words: 373 - Pages: 2

Premium Essay

Conditioning

...for example , telling him or her that you are proud of him for doing things right ; or how pleased you are that their rooms are neat ; or how well they are doing in their studies , may not yield maximum result as supposed . Reinforcement and its timing , is the best method and it matters . Example , if I want a child from a young age to clean his or her room , attarching physically good rewards – like : snacks , a choiced toy , going to cinemas , pick-nicks , buying a new video games , or giving an Ice cream money while going to school , that is to say , '' any thing that catches his or her interest '' , will work the magic . Physical rewards becomes conditioned stimulus ( CR) , responding to cleaning his or her room becomes conditioned responce...

Words: 293 - Pages: 2

Premium Essay

Demand and Supply

...Task-1 Simple Supply and Demand The utilisation of various products includes crore of millions of population, who individually can limited the power to effect the cost of goods, but combinedly have plenty of power to influence it. The solution will definitely won’t shock you: (Foreign countries) Saudi Arabia. But the very close runner-up might: The (USA)United States of America creates more than 11.11 million barrels every day, which can be more than 95% of what other foreign countries like Saudi Arabia produces. If comparing Russia which is close behind the (USA)United States. The world's 2nd largest economically rich country china, is a distant fourth. With oil's stature as a highly demand global product comes the possibility that various and major changes in cost of goods have a very significant impact on the economic of the country. The two basic factors that affect the cost of oil. (December 4, 2014) (Blitzer, December 4, 2014) * demand and supply * market condition Demand of oil The concept of supply and demand is not complicated.as supply falls (or demand rises) the price should go high.as demand falls (or supply rises) the prices reduces.an oil future contract is a agreement that gives the authority to buy oil in barrels at a predetermined price on a predetermined date in the coming future. (al-Naimi, April 20, 2015) Oil scarcity Oil scarcity can be caused by various factors,including technical limitations etc.this resources of oil is scarce when the...

Words: 3229 - Pages: 13

Free Essay

Vietnam Notes

...a more senior posistion in the organisation and work closly with ministers senior civil servents are crucial in the civil service as they already have politcal experience and are good judges of public opinion and policy. This experinace is crucial as the minister they serve under may have not held that posistion before so they may rely on them to formulate decsions on there behalf. civil servents may appear cautious as they will not wish to upset the ministers they serve as ultimatly they are employed by them so it is not surprising they appear cautious. Civil servents may also appear cautious as a fith of there time is spent (as mentioned in the extract) on work directly relating to parliament ie drawing up speeches legislation responces to questions which is ultimatly very sensitive work relating directly to the posistion of the minister so they will be cautious in what the say and write. the posistion of prime minister firstly has no constitutionally enshriened role and therefore there is no guidebook or set of rules on how he or she is to operate there government so therefore the posistion of the prime minster or the pm is largely relient on what the holder chooses it to be and what they make of it. There are usally two main types of prime minister the presidental model and the prime minsterial model. Firstly the prime ministerial model is more cabinet focused this is usally beacause the pm has a small majority so it is neccesary for him to constsntly consult...

Words: 567 - Pages: 3

Premium Essay

Hazardous Materials Emergincy Response Plan

..................................................................................................... DEPARTMENT OF PUBLIC WORKS................................................................................. INCIDENT COMMAND CENTER .................................................................................... INCEDENT COMMAND SYSTEM (ISC) FIRE DEPARTMENT....................................................................................................... INCIDENT CLASSIFICATION EVACUATION PROCEDURES.......................................................................................... POLICE DEPARTMENT .................................................................................................. EMERGENCY MEDICAL RESPONCE................................................................................. STAGING MANAGER COMMUNICATION PROCEDURES.................................................................................. HAZARDOUS MATERIALS EMERGINCY RESPONSE PLAN PURPOSE OF EMERGENCY PLAN This plan is to serves as a guide-line for city of Chula Vista, California in the event of an emergency. While no plan can cover every possible situation or emergency, this plan describes basic actions necessary to protect personnel and property. This emergency response is meant to be in compliance with OSHA 29 CFR 1910.120(q). It states that an...

Words: 1735 - Pages: 7

Premium Essay

All Stressed Out

...58 PsychSim 5: All Stressed Out PsychSim 5: ALL STRESSED OUT Name: __________________________________________ Section: ________________________ Date: 9/17/12 This activity examines the way that psychologists conceptualize stress, emphasizing that stress is a biopsycho-social process. You will explore the sources of stress in your own life, review your body’s response to stress, and then learn how cognitive appraisal dramatically affects how much stress you actually experience. Checking the Level of Stress in Your Life • What was your “Stress Test” score? ____39________ • Do you think that such a test accurately captures your experience? What other stressors should be included? I think it give you a general idea of the amount of stress your under, also adding something about your children should be included. Stress, Stressors, and Coping • Psychologists differentiate stressors, strain, and stress. What does each of these terms mean? A stressor is an externalsituation or event that triggers coping adjustments in a person. Stress is the process in which we perceive and respond to certain events, called stressors that we believe to be threatening or challenging, and coping is the cognitive, behavioural, and emotional ways that people handle stressful situations. The General Adaptation Syndrome • Describe Selye’s general adaptation syndrome. Selye argued that every organism has a state of internal...

Words: 720 - Pages: 3