Discretionary Powers

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Pages: 2

The strength of our current judicial system is the fact they have discretionary powers to prove the innocence of a person. The state has the burden of proof and not the accused as in the case in many countries. It is quite hard for a person to be punished when they are not guilty. The state hires a lawyer to act on behalf of the accused in an effort to prove innocence. At the same time, there are set down thresholds for the kind of evidence that needs to be produced in order to determine the guilty pleas of the accused. The judicial system recognizes that it has been given discretionary powers to prove the guilt of the innocent. This essentially means that it’s not just anyone who can find you guilty of a crime. At the same time, the accused

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Essay on Certainty

F3:2.1: CERTAINTY OF OBJECTS & DISCRETIONARY TRUSTS 1. Introduction: The Purpose of the Certainty of Objects Requirement - For a Trust to exist, A must: (i) hold a specific claim-right or power; and (ii) be under a duty to B not to use that claim-right or power for A’s own benefit (unless and to the extent that A is also a beneficiary of the Trust). In other words, for a Trust to exist, A must be under the core Trust duty. The certainty requirements for a Trust simply reflect the fact that A must…

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Discretionary Parole

“With discretionary parole, “a parole board has authority to release prisoners conditionally based on a statutory or administrative determination of eligibility.” … Discretionary parole is generally employed in states with indeterminate sentencing statutes” (Bohm & Haley, pp. 450, 2011). As a result of the ambiguity of indeterminate sentencing and the power of release granted to parole boards, offenders become easier to control and motivated toward compliance for the duration of their incarceration…

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Summary Of Neustadt's Theory Of Bureaucratic Authority

It often involves heavy power struggles between Congress and the President where each party is attempting to exercise control and power. To judge presidential success, it depends on where and how the president’s power is derived. Authors Epstein and O’Halloran, Neustadt and Moe each have opposing theories regarding delegation between Congress and the President. These theories help explain the amount of authority delegated and the type of actors that receive discretionary authority. The theory authors…

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Penalities and Sentencing Act (1994) - Should it be diminished or removed? Essay

and reduce crime is a judicially ‘tailored’ process of sentencing, balancing positive outcomes for the victims and the community with what is appropriate for the convicted individual. Because of this the Discretionary provisions should not be diminished or removed. If this system of discretionary sentencing is reduced or abolished completely there will be no benefit for any stakeholder and in fact the ridiculously harsh and unjust substitute of mandatory sentencing would create injustice. The…

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Anti Social Law Legislation

communities” and will “introduce faster and more effective powers to stop the dangerous and yobbish behaviour of those who make victims lives a misery.” What will change? The below current tools will be abolished ASBO CRASBO ASBI Closure Orders Dispersal Powers Drink Banning orders Dog control order Gating Order Individual Support Orders Litter clearing notice And will be replaced with 6 new powers The ASB Toolkit comprises of three powers to tackle ASB specifically: Criminal Behaviour Orders…

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Administrative Law Essay

Prerogative orders. Judicial review refers to the Court’s review of a lower or administrative body’s factual or legal findings[1]. Prerogative remedies are remedies which if not always are designed from the first for the control of governmental duties and powers, have long been used for the purpose especially[2]. These remedies are such as certiorari, mandamus, prohibition, quo warranto and habeas corpus. Appropriate remedies which Cristiano Ronaldo may seek in an action before the High Court and the…

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Essay on Cost Accounting

BUSB-A531 Justus A GENERAL DISCUSSION OF COSTS I. INTRODUCTION Cost, revenue and profit are the three most important factors in determining the success of one’s business. A business can have high revenue, but if the costs are higher, it will show no profit and is destined to go out of business when available capital runs out. Managing costs and revenue to maximize profit is key for any entrepreneur. Thus, in the modern business world, managers are paying more and more attention to control the…

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LAw essays

their business 2. Explanation of the ‘company seal’, whether it is necessary for a company to have one. 3. Explain the role of a director, board, and whether a company secretary is needed. 4. Explain concept of a ‘discretionary trust’, and how that might be used in any reframing of their business structure. Facts and Applications: 1. choosing the type of company structure that would be useful for their business In this case, Ruby and Manny operated from their house,…

Words 2479 - Pages 10

Mcculloch V. Maryland Summary

opinions of the Court, discusses the power dynamics between the Judiciary and the other two branches and between the Federal government and the states. In his discussion of both Marshall is careful not to assert either Judicial dominance or totalitarian government. Marshall understands the powers of government, as a whole, to be limited. This is made extremely clear in his opinion in McCulloch v. Maryland where he wrote, “We admit, as all must admit, that the powers of the government are limited, and…

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Oregon State Courts Essay

disability. The second way is that if a judge makes a decision that does not settle with the public there can be a recall election which he is subject to. There are two types of reviews available to the Supreme Court of Oregon the first is, discretionary review. This is when the Supreme Court receives a petition to review a ruling by a party displeased with the decision made in the lower courts. The second type is a direct review; this is when a case goes to the Supreme Court directly without going…