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In the words of Justice Felix Frankfurter what does legislatures make law whoe sales judges retail mean?
This quote emphasizes the distinction between the roles of legislatures and judges in the legal system. Legislatures create general laws that apply broadly to society, while judges interpret and apply those laws to specific cases, like a retail store selling goods to individuals. It underscores the idea that judges should not create new laws, but rather interpret and apply existing laws.
Recently learned I am beneficary of a discretionary trustee will with solicitors acting as trustees keen to learn just what powersinfluence they will have on how when and what monies they can releas?
As a beneficiary of a discretionary trust, the solicitors acting as trustees will have the power to make decisions on whether, when, and how to distribute the trust funds to the beneficiaries. Their decisions will be based on the terms outlined in the trust deed, which will detail the criteria for distributions and the beneficiaries' interests. It is advisable to review the trust deed and consult with the trustees or legal counsel to understand how the trust will operate.
At what age can a child make their own decisions by law?
In most places, the age at which a child can make their own legal decisions varies depending on the specific decision. Typically, children gain more decision-making autonomy as they get older. Generally, at 18 years old, a person is considered an adult and can make their own decisions.
What are the key concepts of common law?
the most important concepts in common law are: Should be acceptable to majority: results should benifit majority: Should ease operations: should protect majority: Should be easier to understand by all
Compare and contrast the elements of the kelly-frye and daubert decisions what you think about each decision and how it pertains to the rules of evidence?
Here is two websites containing information on the Kelly-Frye and the Daubert decisions. The Kelly- Frye test refers to to a standard for admitting scientific evidence at trial. The Daubert decision is about the United States Supreme Court issued an opinion relating to how federal judges should decide whether to allow expert testimony into the courtroom. Prior to this, most federal and state court judges had been relying upon two standards to decide if expert testimony was admissible: relevance (if the testimony addressed a fact at issue in the case and if it would be helpful to the jury); and a 1923 ruling known as Frye, which held that the methods used by the expert in forming his scientific conclusions must be generally accepted within the expert community. Here are some links below: http://definitions.uslegal.com/f/frye-test/ http://www.defendingscience.org/upload/Daubert-The-Most-Influential-Supreme-Court-Decision-You-ve-Never-Heard-Of-2003.pdf
What is the idea that judges should give decisions to lawmakers called?
The idea that judges should defer to lawmakers when making decisions is known as "judicial restraint." This philosophy advocates that courts should respect the roles and decisions of legislative bodies, interpreting laws rather than creating new ones. Judicial restraint emphasizes the importance of the separation of powers and encourages judges to limit their own power by upholding legislative intent.
Activist judges believes that the courts should?
Activist judges believe that the courts should play a more active role in policy making and be willing to strike down federal laws, whereas judges favoring restraint believe that the courts should defer to the elected branches of government.
Why don't judges answer political questions?
Judges interpret the laws and legislators (or politicians) enact the laws. The separation of powers requires that the judiciary and the legislative branches remain separate, and accordingly judges should remain politically neutral.
According to the doctrine of judicial restraint the judiciary should?
the doctrine of judicial restrain holds that judges should generally defer to precedent and to decisions made by legislature
What is the philosophy proposing that judges should strike down the actions of the elected branches only if they clearly violate the literal meaning of the Constitution?
This philosophy is known as judicial restraint or strict constructionism. It argues that judges should limit their interpretation of the Constitution to its text and original intent, intervening in the actions of the elected branches only when there is a clear violation of these principles.
What is an independent judiciary?
Judicial independence is when a separation of the powers exists between the judicial branch of government and legislative and executive branches of government. The executive and legislative branches are unable to control or influence judges' decisions in any way and cannot have an impact upon their decisions or threaten to sack them if they make the 'wrong' decision. This should not be confused with judicial neutrality, which is when no member of government or the public is able to put pressure on judges to come to a decision which they would not normally reach, or otherwise upset the judge so that he/she cannot make up their minds with complete impartiality.
Do you believe local judges should run for office as independent candidates or on a party ticket Why as a democrat or republican?
Local judges should run independent of a party ticket so that they are not beholden to a party to make decisions in their favor. Also, every decision should be based on the merits of that case and not be looked at based on political reasons.
How did the Presbyterian church influence America morally socially and politically?
The Presbyterian church believed decisions should be made by elders and authority should be divided among several people, like the branches of the U.S. government.
How do you think Supreme Court judges should decide cases?
Supreme Court judges should decide cases based on a thorough interpretation of the Constitution, relevant laws, and established legal precedents. They should prioritize impartiality and fairness, ensuring that their decisions uphold individual rights and the rule of law. Engaging in careful deliberation and considering the broader implications of their rulings on society is also essential. Ultimately, judges should strive to balance judicial restraint with the need for progressive interpretation in response to evolving societal values.
What was elected presiding officer of the convention?
The idea that the powers of government should be divided among different branches was called
What do appellate judges look for when they review case?
Generally Appellate Judges are not looking for anything when they review a case. An appeal lawyer has presented his reasons why the appellate court should grant relief for his client. He lists the reasons on his brief. It refers to specific lines on transcript and to relevant case law. The judges read his brief. The opponent's attorney (prosecutor if criminal or plaintiff if civil) may enter his brief and explains why the other lawyer is wrong. The Appellate Judges examine the arguments and make their decision. (A lot of the work is done by law clerks just out of law school. They check the legal references in the law library or on line. Then they bring the relevant ones to the judges with their suggested decisions. The Judges read the clerks conclusions but make their own decisions.
What appellate judges look for when they review cASE?
Generally Appellate Judges are not looking for anything when they review a case. An appeal lawyer has presented his reasons why the appellate court should grant relief for his client. He lists the reasons on his brief. It refers to specific lines on transcript and to relevant case law. The judges read his brief. The opponent's attorney (prosecutor if criminal or plaintiff if civil) may enter his brief and explains why the other lawyer is wrong. The Appellate Judges examine the arguments and make their decision. (A lot of the work is done by law clerks just out of law school. They check the legal references in the law library or on line. Then they bring the relevant ones to the judges with their suggested decisions. The Judges read the clerks conclusions but make their own decisions.
