Civil Law Advantages And Disadvantages

Societies that use the adversarial system as their legal structure, define their relationship with the state as “the rule of law”. Rule of law is defined by the United Nations as a “principle of governance in which all persons, institutions and entities, public and private, including the state itself are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, which are consistent with international human rights principles”. The adversarial system defines the public interest in criminal justice as an interest of crime control and security, where authorities such as prosecutors are trusted as long as they are democratically elected to power. Also comparative criminal justice consists of a “detailed understanding of not [the] just criminal justice processes but also the actors involved in it and the society that forms the backdrop to these processes”. Unlike in the inquisitorial system, the adversarial system was tailored in such a way to ensure that the state will not have too much power making decision in a criminal case, because it could lead to lack of trust in the system.

The purpose behind this paper is to inform the reader about the importance and the influential outcome of the Batson V. Kentucky case. A simple overview of the case is the offender James Batson was an African American male from Kentucky. Batson was accused of burglary and receiving stolen merchandise in 1981. During the court proceedings, the judge conducted voir dire to determine the ability of the jurors and discharge the jurors that did not meet the proper qualifications. When it was the prosecutors turn to make peremptory challenges, he utilized four out of the six challenges to remove the four African Americans who were left on the jury panel.

Moreover, the fact that this case was not over turned even though it was recognized as a gross mistake is interesting in itself. Forty years after the fact in the case of Korematsu v. United States, 584 F.supp. 1406 (N.D. Cal. 1984), Korematsu’s writ of coram nobis was granted. A writ of coram nobis allows a court to correct the error of fact in an original judgment. This eradicated Korematsu’s previous conviction.

Without the usage of civil defender’s help then a lot of people’s lives would have been taken away from natural disasters. These three main points are important because it was the creation and the establishment of the civil defense

The divisions of a standard national system include courts of individual jurisdictions, trial courts, appellate courts, and the Supreme Court. What is civil litigation? Civil litigation is a dispute between two parties seeking money compensations. What are the most common discovery techniques?

The case rejects the constitutional legitimacy of Jim Crow laws. The case is the beginning of the concept of a color-blind justice despite the nation being far away

Justice within the context of today’s round can be seen as exclusively retributive as we are discussing a just response towards a transgression of American law. The central question of the resolution is whether a just society ought to implement jury nullification as a legitimate check towards the exercise of governmental power thus

In America, the judiciary has a legal system that helps solve any personal, economic, social, and political problems or cases. These cases are withheld in a court and presented to a judge and either a grand, petite, or hung jury to finalize their jurisdiction on the problem. In this essay, I will explain the structure of the Texas court system and their type of cases. To start, civil and criminal cases are two types of cases in this legal system. Civil cases handle private rights and remedies, personal injury suits, divorces, child custodies, or breach-of-contracts.

Lastly, courts lack the resource to implement policies in line with their decisions. Thus, even when cases are won, “court decisions are often rendered useless” as litigants are left to the task of implementation (Rosenburg 21). Despite the Constrained Courts view that courts are insufficient in producing social change, “it does not deny the possibility” (Rosenburg 21). When the right factors are in place and certain conditions in favor of the case’s outcome, courts can be a powerful institution in promoting justice (Hall 2).

Let us break down what justice is; justice is behaviour that is just or fair. So the justice system is the system that enforces the law which involves apprehending the accused, prosecuting the accused, defending the accused, sentencing and punishing the guilty. The justice system makes sure that every citizen is heard for and is helped according to what has happened to them. The criminal justice system today When a person commits a crime there are different levels of punishment and decision making if a person has committed a minor crime like speeding, littering, shoplifting, prostitution, vandalism being drunk, possession of drugs etc.

In law that is not codified, this means that instead of writing down numerous details of specific parts of the law, the Common law system instead relies mainly on precedent in which the judiciary will render it’s judgment regarding a particular area of law based off of past decisions in cases with similar content (Cal-Berkeley). Another difference is the role the judge plays in a court case. In the Civil law system, the judge’s decision making has to be within the confines of the law meaning that regardless of who the judge is they have to render a ruling based off of what the law says which doesn’t allow for the judge’s personal interpretation of the law (Cal-Berkeley). Also, judges in the Civil law system are essentially in addition to being the judge, is also the investigator, jury, and prosecutor in a sense because they are the ones who files the charges against the party and in addition to presiding over the case they

Nearly one hundred years ago, the American Civil Liberties Union (ACLU) was formed in order to encourage and protect freedom of speech and other constitutional rights, especially to groups that are often seen as controversial and thus less deserving of those rights. Its position remains largely the same today. The major issues the ACLU champions in the current day are full rights for LGBT Americans, abortion rights, freedom from government surveillance, and combating mass incarceration. The ACLU lobbies, but mostly uses legal means to affect the government. The ACLU provides legal counsel in civil liberties cases, files civil liberties suits, and participates often in amicus curiae briefs.

Here a compensation tribunal was set up to compensate the families of victims who had died in the Stardust tragedy. The grieving father of one victim sought a review of a decision made by the tribunal to award the mother of a victim compensation and the father no compensation. The court refused to quash the decision of the tribunal and, strangely, agreed that there were circumstances which justified awarding of compensation to one parent and not the other. This decision was made by a court which was quite critical of the approach taken by Lord Diplock in GCHQ. Henchy J. said he would be ‘slow to test reasonableness by seeing if it accords with logic’ and would be ‘equally slow’ to accept the moral standard criteria believing it a vague and inconsistent principle to base reasonableness on.

There are three components that make up the criminal justice system – the police, courts, and correctional facilities – they all work together in order to protect individuals and their rights as a citizen of society to live without the fear of becoming the victim of a crime. Crime, simply put is when a person violates criminal law; the criminal justice system is society’s way of implementing social control. When all three components of the criminal justice work together, it functions almost perfectly. For a person to enter the criminal justice system, the process must begin with the law enforcement.

If he did not like the outcome, he could then turn to arbitration or litigation. Although ADR would provide a quicker means for Margolin and the two companies to reach an agreement, there are some disadvantages. First, for both forms following the ADR the companies could continue to do business as they were previously. Additionally, the public may never hear of the case.