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The Failure Of Other Institutions To Discharge Their Duty Has Compelled Courts To Step Far Outside Their Traditional Role In Recent Times. This Book Chronicles The Changing Face Of Judiciary And The Court.
The reader will find these articles rewarding reading, for they are written in an attractive style for the readers of journalism. As they are not written for lawyers, they give a broad view of the leading majority judgement without a detailed legal analysis appropriate to a text book.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Excerpt from The Science of Legal Judgment: A Treatise Designed to Show the Materials Whereof, and the Process by Which, Courts Construct Their Judgments The reader may also be referred to the Index of Maxims subjoined to Coke's 2d Institute. And it may not be unimportant to mention, that Mr. Justice Chambre possessed avery large 3 Co. Litt. 11 a, 67 a, 343 a. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
The judiciary has been the one sturdy dyke that has saved us from the excesses of rulers. But recent events remind us of the cracks that have formed: the quality of individuals apart, even the institutional arrangements that had been put in place to preserve the purity and independence of the institution--the collegium, conventions governing the way cases are to be assigned among judges--have frayed. These cracks provide a dangerous opportunity to political rulers to suborn this institution also.Through actual cases and judgments--of subordinate courts, High Courts, the Supreme Court--Arun Shourie enables us to see how frail and vulnerable this 'last pillar standing' has become. A judge who by a brazen manipulation of facts lets a prominent politician off ... Events and a judgment that let the convicted choose the prosecutor who is to conduct the case against them ... Courts that turn a blind eye to life-and-death reforms even as they preoccupy themselves with trivia ... Courts that deliver ringing judgments and then do not care to look if their directions are being implemented ... Courts that disregard their own judgments on penalizing persons for perjury, for dragging out cases ... Courts that do not think through the consequences, even the predictable consequences of their judgments ... Judges who prevaricate, who look the other way when some of their own fraternity come under a cloud ... A judge who is manifestly unbalanced, judges whose knowledge of the most elementary facts of science is laughable, a judge whose prose even the Supreme Court is unable to comprehend--all of them continue to hand down rulings that affect the fortunes and lives of thousands ... Judges who disregard well-settled principles to such an extent that their colleagues are compelled to make their grave misgivings public...And the non-bailable warrants that are issued for the arrest of Anita, Arun Shourie's ailing wife, for evading summons that were never served, summons that were ostensibly issued for their having built a house that was never built, on a plot they did not own... Through the meticulous examination that is a hallmark of his writing, Arun Shourie leads us through judgments and instances--some hilarious, so many infuriating--and points to things that each of us--judges, lawyers, laypersons like us--can do to retrieve this most vital of institutions.
A court judgment is only worth the paper it's printed on--unless you can collect it. People who are awarded a money judgment in Small Claims, Municipal or Superior Court discover a harsh truth: the court will not collect the judgment. "Collect Your Court Judgment" shows them how to locate debtors, find out what they're worth, and claim their money.
In recent years the American public has witnessed several hard-fought battles over nominees to the U.S. Supreme Court. In these heated confirmation fights, candidates' legal and political philosophies have been subject to intense scrutiny and debate. Citizens, Courts, and Confirmations examines one such fight--over the nomination of Samuel Alito--to discover how and why people formed opinions about the nominee, and to determine how the confirmation process shaped perceptions of the Supreme Court's legitimacy. Drawing on a nationally representative survey, James Gibson and Gregory Caldeira use the Alito confirmation fight as a window into public attitudes about the nation's highest court. They find that Americans know far more about the Supreme Court than many realize, that the Court enjoys a great deal of legitimacy among the American people, that attitudes toward the Court as an institution generally do not suffer from partisan or ideological polarization, and that public knowledge enhances the legitimacy accorded the Court. Yet the authors demonstrate that partisan and ideological infighting that treats the Court as just another political institution undermines the considerable public support the institution currently enjoys, and that politicized confirmation battles pose a grave threat to the basic legitimacy of the Supreme Court.
This book argues that national and international courts seek to enhance their reputations through the strategic exercise of judicial power. Courts often cannot enforce their judgments and must rely on reputational sanctions to ensure compliance. One way to do this is for courts to improve their reputation for generating compliance with their judgments. When the court's reputation is increased, parties will be expected to comply with its judgments and the reputational sanction on a party that fails to comply will be higher. This strategy allows national and international courts, which cannot enforce their judgments against states and executives, to improve the likelihood that their judgments will be complied with over time. This book describes the judicial tactics that courts use to shape their judgments in ways that maximize their reputational gains.
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