Thursday, December 19, 2019

1)Name The Ways That The U.S. Judiciary Is Restricted In

1) Name the ways that the U.S. judiciary is restricted in deciding cases. How do these restrictions affect the legal environment? The judiciary system is defined by Article III in the Constitution and Section 2 describes the powers and limitations that court system has. The purpose of the judiciary is to handle interpretations of the laws created by the constitution and any disputes that arises between parties, cases may be brought to the court, the court cannot create cases. There are 3 levels in the court system, which is true for the state judiciary as well as the Federal level. The two lower levels attempt resolve issues while lessoning the burden on the supreme courts. The lowest level of court is the district court aka trial courts,†¦show more content†¦Once a judge has been appointed, their only source of input when making decisions is the laws that were created. They are not supposed to be influenced by outside forces, such as, media or politicians. Because of this there is a natural buffer from decisions being my by majority rule and instead left up to the individual judge. Since this is a che ck on a balance of power I see no issue with this method, if there is an issue that rises they judge can be removed. So, this non majority based system of power is a good compliment to the other two forms of (mostly) majority institutions, the Congress and the Executive banches. 3) The way the U.S. Supreme Court uses judicial review varies between judicial restraint and judicial activism. Discuss what both of these approaches seek to achieve in deciding legal issues. The approach of judicial restraint seeks to only act when there is a clear violation of connotational law. The idea is that the way the constitution was written represents a clearly defined law and that unless there is a compelling and glaring violation based on fact not emotion or political view, that the law need not be â€Å"reinterpreted†. 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