Overruling A. A court reverses the decision of a lower court in the same controversy. 1. Lower court is bound by precedent of higher courts – no exception. B. A court overrules itself - it disavows in a later, different case what it itself had ruled in a prior, different, but factually similar case. 1. Higher courts can overrule themselves – not bound by precedent. III. Res Judicata v. Stare Decisis A. Res Judicata – X may not ever again sue Y over this particular issue
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librarianship, he has been awarded by the U.P. Government. He is presently a member of the Academic Council, Hidayatullah National Law University, Raipur. He recently delivered lectures on legal research methodology in National Judicial Academy, Bhopal and Karnataka Judicial Academy, Bangalore, Academic Staff College, Jamia Milia Univesity and in Ranganathan Research Circle, New Delhi. He has published more than fifty papers on various aspects of library and information science and law, and he
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Judicial independence is the linchpin of our modern court system, because without protection against retribution for appropriate but unpopular decisions, the judges are no more than pawns in a larger political game. Second guessing a judge’s verdict for the sole purpose of replacing that judge with one from his rival political party is a travesty to our system of government. This being said, there should be accountability for judges who flagrantly violate the laws they are sworn to uphold. There
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The legislative, executive, and judicial branches of government work together as a system of checks and balances. A single branch of government is not free to act on its own accord; oversight from the other two branches is required. The legislative branch, at both state and federal levels is responsible for enacting laws. The executive branch controls law enforcement agency practices. Upon enactment, the executive branch is responsible for enforcing laws. The judicial branch acts as a median between
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country/state! Crown)–!The!monarch!is!represented!by!a!governor/governor>general.!Refers!to!the!position,!power,!or!dominion!of!a!monarch.!The!monarch!as! Head!of!State! Separation)of)Powers)–!The!three!branches!of!power!(executive,!legislative!and!judicial)! Federal)System)–!The!power!to!govern!is!divided!by!the!Commonwealth!and!states.! Bicameral)–!A!bicameral!parliament!consists!of!two!chambers!or!houses! Minister)–!A!minister!is!both!a!member!of!parliament!and!a!member!of!the!executive.!This
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Structure of the California Courts The Basic Structure of the California Courts In the United States there are two separate judicial systems, the state and federal. According to USCourts.gov, every “state has its own system with most having specific courts such as juvenile court, probate court, family court, and others that oversee specific legal issues.” (Judicial Council of California, 2012). Where Federal court deals with constitutional law, or in cases between two or more states, California
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passing of new laws. A process called judicial review sees judges voting on whether new laws are constitutional or not. This protects the constitution from any new law which may compromise it. Organizational Convenience The gathering together of all the fundamental principles and highest forms of law in one place gives the judicial system a convenient point of reference. In countries without a codified constitution, the law is made up of statutes, precedents, conventions and works of authority.
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“Our new constitution is now established and has an appearance that promises permanency, but in this world nothing can be said to be certain except taxes and death” B. Franklin When the founding fathers created the American government or the constitution they formed a living document that was split into three different branches. Each branch was meant to keep the other in check and make sure that they did not abuse their powers. The branches of government were as follow the lawmaking, executive and
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are separate jurisdictions to the extent that they have powers that are independent of the federal and state governments. Precedent may appear to be mechanical, a simple means of matching facts and rules; it is a more subjective process. Rules, embodied in precedents, are generalizations that accentuate the importance of certain facts and discount or ignore others. Precedent application relies on reasoning by analogy. These analogies can be neither correct nor incorrect but only more or less persuasive
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DISTINCTION BETWEEN MERITS AND JUDICIAL REVIEW Merits Review and Judicial Review are both mechanisms for one to appeal to for a review of a decision made against them. There are many differences and distinctions between the two, however, sometimes the boundaries between them are blurred. As Merits Review is undertaken at a Tribunal, which is part of the Executive arm of government, and Judicial Review is undertaken within the Courts system, part of the Judicial arm of government, their processes
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