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Papers On Law & Legal Systems
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Judgments in Ashworth Frazer v Gloucester CC & Royal Bank of Scotland plc v Etridge
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Analysis of the Appeal Court and House of Lords judgments in two recent cases, with regard to the wider implications of the two decisions.
Bibliography lists 4 sources.
Filename: JLashworth.rtf
Judicial Bias
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A 19 page research paper on judicial bias and its various forms. The writer details conservative and liberal bias in the federal courts, ideological bias, racial and sex bias, and corruption. Bibliography lists 15 sources.
Filename: Judgbias.wps
Judicial Branch
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A 6 page paper which discusses the judicial branch of the government,
presenting how different courts function. Some basic information is provided in
relationship to legal terms, and the power maintained by judges, which further illustrates
the conditions and realities directly linked with the judicial system we know today.
Bibliography lists 3 sources.
Filename: RAjudbrnc.wps
Judicial Opinion on Religion and Education
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This 15 page paper uses a case submitted by a student as a springboard for discussion. The case involves a petitioner who wants to receive state funding for several religion courses excluded from her scholarship. The court rejects the petition and a judicial opinion is provided as a draft memo . A dissenting opinion is included as well. Several actual cases are noted in the context of the opinion. No bibliography.
Filename: SA350jo.rtf
Judicial Reasoning
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8 pages in length. Roland Case's "Understanding Judicial Reasoning : Controversies, Concepts, And Cases" addresses issues that society has been grappling with since the creation of the Constitution: How much of the law should be left up to personal interpretation and how much should be followed to the letter? Indeed, the extent to which contemporary judges impart their own legal perception is part and parcel to what Case attempts to tackle within the pages of his insightful account. Particularly interesting is how the author addresses three distinctive methods of reasoning that serve to define the decision-making processes of today's legal system, which include reasoning from interpretive guidelines; reasoning from prior cases; and reasoning from principle. Bibliography lists 9 sources.
Filename: TLCJudRe.rtf
Judicial Restraint and Judicial Activism
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This 10 page paper examines judicial review and looks at these two juxtaposed concepts. Specific cases are discussed in depth in order to demonstrate examples of judicial restraint and judicial activism. Bibliography lists 7 sources
Filename: SA142jst.rtf
Judicial Review
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The debate over whether or not the courts should embrace judicial restraint or judicial activism is reviewed in this 5 page paper. The purpose of judicial review is discussed. Roe v. Wade is highlighted as an example of a case that continues to be discussed as both an exemplification of restraint and review. Robert Bork is portrayed as a contemporary philosopher who supports restraint, or even discarding review altogether. Bibliography lists 6 sources.
Filename: Judrev.wps
Judicial Review
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(5 pp) In Federalist 78, Alexander Hamilton said
that "the judiciary... has no influence over either
the sword or the purse...it may truly be said to
have neither force nor will, but merely
judgment...the judiciary is beyond comparison, the
weakest of the three departments of power...".In
this discussion we will assess the validity of
Hamilton's comments in light of recent Supreme
Court decisions.
Bibliography lists 6 sources.
Filename: BBjudrev.doc
Judicial Review
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This 10 page paper consider the circumstances in which there may be the right to apply for judicial review under UK Law. The bibliography cites 15 sources.
Filename: TEjudrev.rtf
Judicial Review
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A 10 page paper that begins by defining the term 'judicial review.' The writer then discusses the governments of ancient Greece and Rome and how parts of their systems carried over to later times. The Age of Enlightenment is discussed relative to the political innovations brought about through the writings of Locke, e.g., the social contract theory, and Montesquieu, who proposed three branches of government. The founding fathers of the U.S. were highly influenced by these writers and that influence can be found in the Constitution and the division of the government into three branches. The writer reports the Marbury v Madison case where judicial review was used by Chief Justice Marsahll to declare an act of Congress unconstitutional. Bibliography lists 11 sources.
Filename: PGjudrv.rtf
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