| Papers [1-16] of 19 :: [Page 1 of 2] | | Go to page : 1 2 —> | Search results on "ADJUDICATION": |
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Pre-Adjudication Restraint, 1999.
A look at the practice of detaining defendants prior to their trial because they are thought to be a danger to themselves as well as others.
950 words (approx. 3.8 pages), 0 sources, AU$ 41.95
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Abstract
This paper discusses and evaluates the effects of pre-adjudication restraint on deterrence and recidivism.
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The Adjudicator's Award, 2006.
An examination of the key legal bases upon which an adjudicator's award might be challenged before the courts in England and Scotland.
1,277 words (approx. 5.1 pages), 10 sources, MLA, AU$ 54.95
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Abstract
In this article the author examines the issues surrounding the challenge to an adjudicator's decision. He begins with the job of an adjudicator and how this job developed and what boundaries an adjudicator has. The author quotes many case studies as examples of where an adjudicator can be challenged and what legal right he has to uphold his decision. The paper concludes with the anomalies as he sees it, in the law.
Introduction
Exceptions
Challenges on the Jurisdiction of the Adjudicator.
Natural Justice
Human Rights Act
Other Case Laws
Conclusion
From the Paper
"The courts recognize the limitations of the process, but there have been one or two cases recently in which the TCC has taken a dim view of the way in which adjudicators have actually conducted adjudications, particularly where the adjudicator has been in direct discussions with one party without involving the other. Where the judge has found that there has been a breach of the rules of natural justice, the judge has refused to enforce the adjudicator's decision. "
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Legal Theory and Institutions, 2005.
Discusses the doctrine of judicial precedent in the process of adjudication and legal reform in the legal system of England and Wales.
1,912 words (approx. 7.6 pages), 9 sources, MLA, AU$ 76.95
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Abstract
This paper looks at the doctrine of judicial precedent in the process of adjudication and legal reform in the legal system in England and Wales. Judicial precedent is an important element of the Western legal system, but it is not in continental civil law systems. In particular, it discusses how the judiciary has received much criticism in the procedure of precedent.
From the Paper
"The historical power struggle began in the 17th century between the legislature and the Crown (Stuart Monarchy) and ended with Parliament becoming an independent in the power of making law in the name of the Crown. Nowadays, the ultimate power of making new law lies with the primary legislature (Parliament). Parliament has the capability of authorising and altering laws and as Parliament is an elected house, the power is given through democracy, but this is not so in the House of Lords because they are not an elected chamber. The House of Lords has received proposals for reform and those proposals are to modify the traditional form of the Life Peerages Act 1958 and the Peerage Act 1963. "
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Child Abuse, 2007.
This paper explores the definition, boundaries and legal response to child abuse.
2,365 words (approx. 9.5 pages), 9 sources, MLA, AU$ 90.95
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Abstract
The paper discusses how there are no black-and-whites when it comes to human behavior. For example, it is not always to determine at what point yelling at a child becomes emotional abusive or when spanking turns into something physically violent. The paper looks at the difference between spanking and serious physical abuse. The paper contends that more progress needs to be made in terms of adjudication and the legal system. The paper examines the statistical reporting of child abuse and considers whether child abuse is over or under-reported. The paper concludes that as long as many inconsistencies exist with the law, it is necessary for the judicial system to look at sentencing on a case-by-case basis.
Outline:
Introduction
Definition of Child Abuse Prevention and Treatment Act
Spanking Versus Serious Physical Abuse
Study by Baumrind Showing Most Parents Spank Without Ill Impact on Children
Statistical Reporting of Child Abuse Numbers
Disagreement of Over/Under-Reporting of Child Abuse Claims
Investigative/Tool Inconsistencies
Racial/cultural Misrepresentations
American Psychology Association Recommendations
Suggested Actions to Take to Improve Child Abuse Adjudication Problems
From the Paper
"However, even within the law there are blurry areas, such as how does one define the word "serious"? Is it necessary, for example, to reprimand parents who spank their children? Is this a "serious" crime? In her article "Parents May Be the Ones Needing Spanking," Pitts cites a study by Dr. Diana Baumrind, a psychologist at the University of California at Berkeley, who followed 164 middleclass families from the time their children were in preschool until their 20s. Results showed that most of the parents used some form of corporal punishment, but giving a mild spanking--defined as openhanded swats on the backside, arm or legs--did not leave their children scarred for life. Although Baumrind opposes spanking, she was able to make a distinction between minor punishments such as spanking and harsher variations including shaking and blows to the head or face."
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Juvenile Criminology, 2004.
An analysis of the controversial decision to try juvenile perpetrators as adults.
5,382 words (approx. 21.5 pages), 16 sources, MLA, AU$ 165.95
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Abstract
This paper presents a review of literature that illuminates the many complexities in the decision to try a juvenile as an adult and the legislative move to make this possible in the courts. The paper states that the question of any criminal adjudication, justice and management system's applicability to children has long been a source of conflict in every civilized society. The paper explains that recently, the issue hit the forefront of American consciousness with the recent spate of court decisions culminating in a Supreme Court directive dealing with the illegality of the death penalty for minors.
Outline
Introduction
The Case before the European Court of Human Rights
American Conflicts of Minors' Adjudication as Adults
Kentucky's Grave Concerns
Conclusion
From the Paper
"Indeed, juvenile delinquency, including violence, is on the rise distinctly, but the cases of children committing homicides remains rare.(Justice, 1996]) Although the acts and distinctions of minors who commit homicides are heterogeneous, all of these minors are very disturbed, and exhibit extremely elevated rates of neuropsychological abnormalities, weak impulse control, educational failure and truancy. (Wolff, 2001)
Studies have demonstrated that all of these minors who commit homicides have experienced strong family adversities: domestic violence, neglect, child abuse, substance misuse, maternal depression and lack of fathers.(Bailey, 1996) Since homicide committed by children is so rare, population approaches to prevention are not at all realistic as a result."
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Setting Aside of Contracts in U.S. and Australia, 2007.
A comparison of the setting aside of contracts in the United States and Australia.
2,309 words (approx. 9.2 pages), 10 sources, APA, AU$ 89.95
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Abstract
While the United States and Australia are literally a world apart geographically, the two countries share much in common today, including the English language; a legacy of British influence, customs and traditions; a comparable constitution; and, more importantly for the purposes of this discussion, the common law. The research shows that the respective contract laws that evolved over time in these two countries share this heritage, but some important differences have emerged that can make the difference between a successful contract and a failed one. Given the importance of timely and equitable adjudication of contracts of all types today, though, it is therefore important to understand when these legally binding instruments can be set aside and for what reasons. To this end, this paper provides the relevant background and a discussion of how and why contracts can be set aside in Australia and the United States. This is followed by a summary of the research and salient findings in the conclusion.
Outline:
Introduction
Review and Discussion
Background and Overview
Contract Law in Australia and the U.S. - Current and Future Trends
Conclusion
References
From the Paper
"In fact, the legal system used in the United States and in most of the member states of the Commonwealth of Nations, including Australia, in based on this body of common law. As a result, common law is differentiated from formal rules that were developed by the separate acts of equity, to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law that is now more popular in continental Europe and elsewhere (Kiralfy 2006)."
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Canadian Democracy and Judicial Powers, 2002.
Examines the impact of judicial review on Canada's representative democracy.
2,400 words (approx. 9.6 pages), 11 sources, AU$ 111.95
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Abstract
Upon the enactment of the Charter, courts have assumed the role of "guardians of the Constitution", which is of great concern to Canadian politics as judges have neither the necessary training or expertise to decide on political issues that affect the entire nation. The objective of this paper is to evaluate what type of impact judicial review has had on Canada's representative democracy. Although it is tempting to focus closely on the more controversial and obvious relationship between judicial review and the Charter, this paper will endeavor to highlight the implications of binding adjudication on issues dealing with the distribution of legislative power since 1867.
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Ethical Issues with Legal Professionals, 2005.
This paper discusses three categories within the judicial system, along with the performance and ethical standards these groups are expected to maintain.
3,130 words (approx. 12.5 pages), 11 sources, APA, AU$ 114.95
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Abstract
This paper covers three broad categories of the judicial system. The first is the legal professionals. This consists of judges and attorneys. The second is the corrections professionals. These are the people expected to rehabilitate those that are found guilty within the judicial system, along with the corrections professionals expected to monitor those awaiting adjudication. Finally, there is the law enforcement entities, the police. This paper shows that not only are these groups expected to perform, they are expected to maintain a standard that is higher then that of the average citizen. This paper also covers the tools in place to maintain and monitor the ethical performance of these professionals, as well as the consequences if these professionals do not function in an ethical and moral way.
Outline:
Introduction
Judges
Attorneys
Correctional Officers
Police
Conclusion
Probation and Parole Officers
From the Paper
"In many ways, confidentiality goes to the heart of legal ethics. It is enshrined in the sacrosanct, privileged relationship between attorney and client, and keeping one's confidences or secrets (and still being effective) is probably the hardest part of being a defense attorney. After all, how effectively can one defend someone they know is guilty of this, and other crimes?
"Conflicts of interest often arise in legal cases and their ramifications can be far-reaching. So many conditions bind attorneys and clients and they both must be careful and not create a legal conflict of interest. The American Bar Association Model Code of Professional Responsibility and Model Rules of Professional Conduct cover differing areas of situations (ABA, 2004)."
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Juvenile Crime, 2002.
A look at a change in policy for court cases relating to juvenile crimes.
780 words (approx. 3.1 pages), 1 source, MLA, AU$ 34.95
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Abstract
Those individuals who suffer or are harmed from juvenile crime have, in the past, been excluded in the adjudication (specifically the sentencing) of their cases for reasons of confidentiality rights accorded to accused juvenile offenders. This paper examines a change in that trend for the development of policies and practices that will not only prosecute those juveniles who have committed offenses, but to include those who have been victimized in the court procedures.
From the Paper
"In the adjudication of juvenile criminal offences, the juvenile court should consider a number of factors. In the case of minor offences, the court should be concerned with providing a sentence which best attempts to protect the community (i.e., with respect to both punitive and restorative justice). However, in the case of serious or violent criminal offences, in addition to attempting to protect the community, there is a need to consider the rights of those who are the victims of juvenile crime."
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Car Seizure Laws in New York State, 2002.
Discusses the implementation of policies allowing for the seizure of private cars belonging to drunk drivers in three New York State counties.
4,605 words (approx. 18.4 pages), 21 sources, APA, AU$ 149.95
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Abstract
There are at least three counties in the State of New York that have enacted laws or implemented polices allowing for the seizure and forfeiture of privately-owned automobiles upon arrest for a Driving While Intoxicated (DWI) offense. In some counties vehicle seizures are made upon a defendant's first arrest for DWI. In every county, seizure of a defendant's vehicle precedes an adjudication of guilt. After the paper compares the laws between the three New York counties, it examines important Constitutional issues which have arisen from these policies.
From the Paper
"Like New York County (City), Nassau County also utilizes a currently existing Code section concerning the disposition of property held by the property clerk as authority for and enforcement of the DWI vehicle forfeiture. Among all three counties examined here -- New York, Nassau and Suffolk (Suffolk County has adopted separate, offense-specific legislation) -- the rationale for application of vehicle forfeiture to DWI is that, since a vehicle is a necessary element of a "Driving While Intoxicated" charge, it is thus an "instrumentality of a crime," and is therefore governed by local law dealing with property disposition held by the property clerk of the local police department."
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The Judicial Review and the Charter, 2002.
Traces the history of Canada's judicial review in order to determine its impact on Canada's representative democracy.
2,400 words (approx. 9.6 pages), 11 sources, AU$ 111.95
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Abstract
The objective of this paper is to evaluate what type of impact judicial review has had on Canada's representative democracy by tracing its evolution. Although it is tempting to focus closely on the more controversial and obvious relationship between judicial review and the Charter, this paper will endeavor to highlight the implications of binding adjudication on issues dealing with the distribution of legislative power since 1867.
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The Supreme Court And Civil Rights, 2007.
An examination of civil rights cases in the Supreme Court, in the post-Reconstruction period.
2,301 words (approx. 9.2 pages), 15 sources, MLA, AU$ 89.95
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Abstract
The writer argues that one of the major reasons why African-Americans failed to achieve equality in the United States, following the Civil War, is due to the decisions of the Supreme Court of the United States. The writer proposes that this makes it necessary to examine the records of this branch of the American government in order to determine how these decisions impacted African-Americans after the Civil War. The paper analyzes five important Supreme Court cases adjudicated following the war, which made equality in the United States impossible for African-Americans. The paper concludes that these decisions of the Supreme Court undermined the ability of African-Americans to obtain equality under the law and had a very detrimental effect on this brave and often dangerous quest to gain equality in America during the days of the post-Reconstruction Era.
From the Paper
"One of the first major Supreme Court cases considered after the Civil War was the Slaughterhouse cases, brought before the Court by the butchers of New Orleans in response to a law passed in 1869 by the legislature of the State of Louisiana which allowed the incorporation of the Live Stock and Slaughterhouse Company in New Orleans and granted them exclusive rights to slaughter livestock within the city, effectively granting them a monopoly. Thus, the butchers had no choice but to seek redress through the courts via a lawsuit which argued that the new law violated their fourteenth Amendment right to due process."
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Domestic Violence, 2007.
This paper looks at treatment alternatives for domestic violence victims and offenders.
2,319 words (approx. 9.3 pages), 10 sources, MLA, AU$ 89.95
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Abstract
In this article, the writer notes that today, domestic violence represents an ongoing concern for policymakers and citizens alike. In spite of a number of aggressive initiatives intended to address this problem, the incidence of domestic violence appears to have increased in recent years and the implications of these trends are enormous. The writer points out that notwithstanding the economic costs involved in adjudicating incidents of domestic violence, the physical and emotional toll this phenomenon takes on its victims is frequently life-threatening and solving the underlying factors that contribute to domestic violence continues to confound researchers. To help shed some light on these issues, this paper provides an overview of the problem, a description of the common symptoms and issues that affect victims and offenders, a description of the resources could they access directly, and a discussion of some of the obstacles and challenges they face. A summary of the research and salient findings are provided in the conclusion.
Outline:
Review and Discussion
Background and Overview
Resources Available to Counter Domestic Violence
Current and Future Trends
Conclusion
From the Paper
"In some cases, courts have been shown to be more likely to order treatment in mandatory anger management programs or marriage counseling programs for men who have been accused of domestic violence than even social service providers working in women's shelters; furthermore, many men that experienced abusive families themselves may be able to recall being outraged by the violence they observed or experienced as children, but even as adults, they still continue perpetuate this cycle of domestic violence in their own homes. In addition, exposure to domestic violence has been highly correlated with low academic performance, learning problems, depression, regression, and behavioral and emotional problems."
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The Press Complaints Commission, 2004.
A reasoned critique of the press complaints commission and its code of practice.
2,240 words (approx. 9.0 pages), 6 sources, MLA, AU$ 86.95
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Abstract
This paper examines how the press complaints commission (PCC) is an independent body that deals with complaints from members of the public about the editorial content of newspapers and magazines and how it is accountable for the way in which news is gathered and reported. It looks at the set-up of the PCC and stipulates the pros and cons of it being a self-regulator for British newspapers. It then analyses the PCC?s code of conduct and discusses whether or not it is beneficial by examining PCC adjudications.
From the Paper
"As a self-regulator, the PCC has a code of conduct that provides special protection to individuals within society (particularly vulnerable groups of people such as children, hospital patients and those at risk of discrimination). Within that code of practice are ethical standards that newspaper proprietors, editors and journalists have to apply to. These principles range from accuracy in newspaper reporting, individuals opportunity to reply, people?s privacy not being invaded, members of society not being harassed and intruded on when in grief or shock, listening devices being used to hear unauthorised conversations, criminals nor witnesses being paid in criminal trials, protection of journalist?s sources and no misrepresentation of information or photographs."
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International Justice: Not Necessarily Destined for Absurdity, 2002.
Why international jurisprudence should avoid claims of universality, and focus on arbitration and crimes against humanity in small or defeated nations.
930 words (approx. 3.7 pages), 2 sources, AU$ 41.95
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Abstract
This paper discusses the role that international jurisprudence plays in conflicts between nations, and how the role of the international courts is being abused by nations, who want to use the reaps of war, rather than negotiations, to settle their disputes.
From the paper:
"The ICJ reveals itself as impotent even when adjudicating against weaker nations, as illustrated by its farcical order that Iran free its American hostages taken after the Embassy was stormed (Meyer 127). Whether with great powers or less powers, international jurisprudence is helpless to resolve conflicts in which one party merely desires to exploit its power.
Where both parties are mutually interested in an arbitrated solution to a dispute, however, international jurisprudence is useful."
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Wiener V. U.S. ( 1958 ), 2000.
An analysis of the Wiener case and other Supreme Court decisions related to the President's power to remove from office non-executive officers on federal commissions.
1,125 words (approx. 4.5 pages), 1 source, AU$ 49.95
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Abstract
Wiener, the plaintiff, sued the federal government after President Dwight Eisenhower removed him from the War Claims Commission (WCC) in 1953. The War Claims Act of 1948 created the WCC to adjudicate personal injury and property claims against the enemy arising from World War II.
From the Paper
"Wiener v. United States (1958)
Wiener, the plaintiff, sued the federal government after President Dwight Eisenhower removed him from the War Claims Commission (WCC) in 1953. The War Claims Act of 1948 created the WCC to adjudicate personal injury and property claims against the enemy arising from World War II. Commission members were to serve for the life of the WCC and the War Claims Act contained no provision for their removal. Nonetheless, Eisenhower dismissed Wiener (who had been appointed to the Commission in 1950 by President Harry Truman), justifying his action on executive prerogative and national interest. Wiener sought compensation for wages from the time of his removal to the end of the WCC?s existence.
The issue in this case is whether Wiener, as a member of the WCC, served as a..."
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