How does the French legal system differ from the common law system with reference to the powers of judges and the functioning of the courts?
Essay - 3 pages - Constitutional law
Judicial systems differ from country to country. Two common legal systems are civil law and common law. Often the choice to use one system over another is based on the history of the country or region in question. For example, France uses the civil law and England uses the common law. The...
Legal Philosophy - Value judgments and how judges decide cases - Mapodile v Minister of Correctional Services 2016 (2) SACR 413 (GJ)
Law case study - 5 pages - Civil law
This case concerned the rights of gay prisoners and their treatment in prison. The applicant was a gay prisoner who brought an application to the court seeking the court's assistance in establishing the rights of gay and lesbian men and women to be confined in cells with people of similar...
Judges
Case study - 1 pages - Administrative law
A courtroom Judge is the person who signs the arrest warrants that permits an arrest to occur and the search warrants required for the Police to perform legal searches. Before a trial may begin, there are certain steps that must be followed. After an arrest has been made the booking...
A paper examining the controversy that surrounds the question of what Judges are doing when they are deciding cases
Thesis - 5 pages - Social, moral & civic education
If we accept the hypothesis, that judges do indeed make law through their decisions, we need to look closely at the judges themselves to decide whether they are capable of performing that function. Judges are not, in this country, elected, as are the other law-makers (the...
A discussion concerning the belief that 'Judges do not make law - they only declare it'
Thesis - 6 pages - Civil law
The function of a judge in any legal system remains a true phenomenon even today. Barristers, solicitors, law students and the general public often question the precise role of a judge ? puzzled over whether judges are authoritarian law-makers, or if their profession makes...
The political role of the judges in law and politics
Essay - 4 pages - Political science
My presentation is concerned with the relationship between law/the judiciary and politics. The laws relating to civil and criminal wrongs are indeed made either by Parliament in the form of Acts of Parliament (also called statutes) or by the judges themselves (then called the common law)....
Silicon Valley - Mike Judge, John Altschuler and Dave Krinsky (2014-2019) - Gender and society
Text commentary - 1 pages - Sociology & social sciences
Gender has been an essential research issue in social sciences, with the studies conducted on the impacts of gender on various aspects of human expression and perception as well as the investigations of career and societal implications of gender and possible underlying biases according to...
History of the Common Law System on the English Legal System
Essay - 11 pages - International law
As a direct result of the colonization by the British, many of its states naturally acquired this common law system, being the English law in globo, maintaining its primary principles, procedures, actors and modes of proof. As a consequence of this adoption and utilization of English law, and the...
The United Kingdom Judicial System Today
Presentation - 18 pages - Constitutional law
This documents contains a presentation explaining the United Kingdom judicial system today.
Given the rule of the precedent in the federal judiciary system, how can it promote stability in the law?
Essay - 2 pages - Law's history and philosophy
The actual implementation of the federal judiciary system began with the Judiciary Act of 1789, signed into law by President George Washington. It established the basic structure and jurisdiction of the federal judiciary system and created the Supreme Court as well as lower federal courts. Since...
The American Legal system versus the English Legal System
Tutorials/exercises - 3 pages - Other law subjects
When we talk about the American legal system, it should be understood as the legal system that applies in the United States of American (US), whereas the English legal system is the one that takes place in the United Kingdom (UK) : England, Wales, Scotland and Northern Island, except for...
Political Inaction
Essay - 1 pages - Political science
Democracy allows people to make choices. We can see it for instance nowadays with the choice of being vaccinated against coronavirus. In France, there is the possibility for a group of citizens supported by senators to make a referendum. Hugo Clement, a journalist, decided to use this possibility...
French law of international commercial arbitration
Course material - 5 pages - Other law subjects
French law of international commercial arbitration is a course designed for fourth-year students at the University of Nice Sophia-Antipolis and doctoral students in law. In order to help students deepen their knowledge of the subject, a book has been set up called "International Commercial...
Criminal Evidence and Procedure- if judge decides to exclude the evidence can the prosecution introduce it at the trial?
Case study - 3 pages - Criminal law
The evidence falls under the Exclusionary Rule, which prevents the prosecutor from relying on evidence gathered through means that violate the Constitution. There was no search warrant in getting the evidence and it resulted in illegal search and seizure which is against the dictates in the...
The Burden of Proof
Course material - 1 pages - Civil law
The burden of proof in civil and criminal cases is the obligation to provide evidence validating or disputing a certain occurrence. It is an obligation to proof what has been alleged in judicial proceedings. The burden of proof differs in criminal and civil cases whereby in criminal lawsuits, it...
The risks of democracies
Essay - 3 pages - International law
In order to determine whether there is a violation of due process, it is necessary to ask several cumulative and conditional questions. If so, is a fundamental right involved? And finally, depending on the answer to this question, it is necessary to apply the standards of the review to provide an...
The Tell-Tale Heart - Edgar Allan Poe (1843)
Book review - 2 pages - Literature
Edgar Allan Poe is a 19th century American romantic writer best known for his dark and mysterious short stories. 'The Tell-Tale Heart', published in 1843, is one of the most famous ones. It is about a murderous narrator trying to convince the reader of his own sanity by explaining and...
"The concept of the Rule of Law as defined by Dicey still remains valid : it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts"
Essay - 5 pages - European law
The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an "existing...
From judging to legislating: The Supreme Court as a law-making body
Essay - 4 pages - Journalism
Whether the judicial branch in the United States should exercise activism or restraint has been debated since before the constitution was ratified. Delegates to the Constitutional Convention in 1787 were split on the issue, and left Article III of the Constitution purposefully ambiguous, most...
How Does the Constitutional Council Carry Out the Constitutional Review Under the Fifth Republic?
Essay - 5 pages - Constitutional law
The Constitutional Council is defined by the articles of Title VII of the 1958 Constitution. Its arrival in seventh position in the order is indicative of the lack of importance that the constitution grants it. The introduction of a jurisdiction in charge of priority preliminary rulings was...
British legal system
Course material - 7 pages - Civil law
Law evolved from Roman law and Canon Law (the legal system created by the church), creating both singular and common law, then Napoleon used them to create his code civil in 1804. He was also inspired by local law. The Code civil is already the biggest achievement for French legislation, in force...
An unmanageable case-management quandary
Essay - 3 pages - Administrative law
As with any organization difficulties in productivity effectiveness and efficiency occur when increases. These difficulties include tasks that arise and need to be resolved. The criminal justice court system is no different. Time management of cases to be tried and reviewed cause backlogs within...
English legal system: The Sources of English Law
Course material - 87 pages - Constitutional law
The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...
Courtroom standards analysis
Case study - 3 pages - Administrative law
The role of a Judge in a courtroom is very important. The Judge has many different responsibilities under his or her robe. A courtroom Judge is the person who signs the arrest warrants that permits an arrest to occur and the search warrants required for the Police to perform...
Courts, unelected tyrants and public forums
Thesis - 7 pages - Administrative law
In 2000, during the American presidential elections, the role of the Supreme Court was highly contested. Indeed, it consists of a majority of judges appointed by republican presidents and it decided to stop counting the voices manually in contested towns in Florida and George Bush won the...
Criminal Law
Thesis - 22 pages - Criminal law
What is an actus reus? An actus reus is more than just an act. It includes whatever circumstances and consequences that are required for liability for the offense in question which means that an actus reus is composed by all the elements of an offense other than the mental element. Some crimes,...
Judicial activism in Canada
Essay - 5 pages - Political science
In 1982, Canada has known a very significant shift with the adoption of the Charter of Right of Freedom. Before this date, Canada only had a Bill of Rights (1960's) which was a statute and did not allow the courts to restrict the action of the Parliament. But the 1982 Charter of Rights and...
UK and French legal system : structural and conception differences
Case study - 6 pages - Civil law
The governing laws and its legal system in France and the United Kingdom have major differences, as each of the legal systems have and are based on various views. France is governed by the Constitution of 1958. All the French laws are based on this text. In the United Kingdom, the laws are based...
Hissène Habré's case: Origins and current debate
Case study - 9 pages - Other law subjects
In February 2003, the Darfur conflict, an ethnic clash in western Sudan, began and, in March 2004, Mukesh Kapila, called it the "world's greatest humanitarian crisis". Thus, in January 2005, the UN Secretary-General's Commission of Inquiry on Darfur estimated in its report that there were...
From Russia with Love: Lessons of the Noga arbitration case
Dissertation - 20 pages - International law
Globalization is the new buzz word and the lingua franca of international business. With the numerous advantages flowing through globalization, this new process is taking a new shape by getting more critical and unyielding. To elucidate further on its uphill spin, an onlooker can observe its...
