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The American judicial system
The American judicial system
Common law importance
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Recommended: The American judicial system
Throughout our lectures in C101, Professor Berk has constantly emphasized the uniqueness and adaptability of American law. Built up from a foundation of common law, the American legal system allows citizens to transform concerns or perceived injuries into legal actions and keep potential wrongdoers in check, equalizing the playing field between the elites and average Americans. However, an integral factor of this legal system is knowledge of legal proceedings and of one’s own rights. When Americans are ignorant to the extent of their own rights or fall victim to predatory legislations that diminish these rights, American legal consciousness suffers for it, and the judicial system loses its equalizing power. Through the examples of both Judge …show more content…
For starters, many of the plaintiffs and defendants that come onto the show have absolutely no idea how court systems work. There are numerous instances of Judge Judy herself having to explain relatively elementary concepts, like not using hearsay, bringing evidence to court to make your case (like not producing receipts, not printing out emails, not photocopying contracts, etcetera), not interrupting testimony so that the other party can make their case, and so on. There are many times where Judge Judy simply dismisses a plaintiff’s case because they do not have essentially any proof to make their case, or because they simply lack proper courtroom decorum and continuously disrupt proceedings. In one instance, Judge Judy asked a woman to take off her hat in the courtroom, and the woman refused so adamantly and condescendingly that Judge Judy simply dismissed the case and continued with the other cases on the docket. In another instance, a man attempted to sue for wrongful termination and unpaid wages, but brought forward absolutely no correspondence with his former boss and no witnesses that could affirm his work habits, and thus lost
Pagan writes a captivating story mingled with the challenges of the Eastern Shore legal system. This book gives a complete explanation backed up by research and similar cases as evidence of the ever-changing legal system. It should be a required reading for a history or law student.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
The purpose of this paper is to discuss how Chief Justice John Marshall affected the American Judicial System. The reader will therefore first find a brief biography of John Marshall. Then the paper will explain in detail the origins of the Judicial Power to subsequently...
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Columbia Law Review, 104, 1-20. doi:10.2307/4099343. Reynolds, S. (2009). The 'Standard'. An interview with Justice Ruth Bader Ginsburg.
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
The laundry list of crimes Americans have suffered at the hands of their own criminal justice system is because they don’t have the right tools to fight back against those that have the ability to sway litigation.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Is Judy still keeping audiences entertained by giving the court system a new attitude? Will court systems ever get back its dignity? Not as long as the cameras still role. Cameras in the courtroom have been very beneficial in certain cases, but it has caused a lot of harm. The human race has taken the solemnness of these meetings, and has changed it to a form of entertainment only clowns would be involved with. The public is so involved with this newfound form of fun, that they don't realize the actual damage that it is causing in the judicial system as well as human life. I feel that even though cameras are a very innovative way to educate people about unknown situations, they need not be in courtrooms involved with high profile cases.