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Papers On Law & Legal Systems
Page 130 of 272

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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