Friday, January 21, 2011

present situation in india.......

The present situation in india is not balanced......the whole system needs to be reviewed to add more meaning to   the system.OUR system is really old n stagnant i doesnt fit in the present scenario of our country many rules and regulations needs to be modified so dat it could fit in the system properly.............

Wednesday, January 12, 2011

    In the United States, the judicial system is the branch of government responsible for
    interpretation n application of the law.Its primary purpose is to serve the people by 
    ensuring equal justice under the law.The judicial system can also be called judiciary or a judicature.


  1. The judicial system has an obligation to interpret the law fairly and with equal regard for all persons to whom the law applies. It serves the people by communicating the law through judgment and sentencing, and by upholding the principles of justice and the Constitution.
  2. Function

  3. As a branch of government, the judicial system acts as an intermediary between the legislature, which writes statutory law, and the executive, which is responsible for enforcing the law. The judicial system is responsible for interpreting the meaning of law, deciding its scope and declaring who has broken it. While the legislature writes laws on the basis of what ought to belegal and illegal, the judicial system is responsible for deciding what actually is and is not legal under those laws, and is therefore an extremely important entity in any legal system concerned with the fair treatment of those under its influence.
  4. Courts

  5. The judicial system interprets and applies the law through a hierarchical system of courts, each with a specific position and function. "Trial" and "appellate," two different categories of court, have different jurisdictions and powers of interpretation of the law. The purpose of a trial court is to find fact and pass initial judgment on a case. An appellate court does not try cases, and is instead responsible for reviewing the decisions of trial courts and lower appellate courts if they are challenged through the process of appeals. Appellate courts have broad powers in overturning the decisions of lower judiciary bodies. In the United States, the highest appellate court is the Supreme Court, which has near-absolute jurisdiction over the Constitution.
  6. Jurists

  7. Courts are made up of jurists such as judges and magistrates, who preside over cases either on their own, or as a group known as a "bench." Jurists (not to be confused with "jurors") are publicly recognized legal experts who play an important role in the judicial system. It is their job to interpret the laws of a case before them, and are either personally or collectively responsible for making the decisions handed down by their court. Jurists are required to be fair and impartial and have a duty to interpret the law with a stoic disregard for their personal opinions.
  8. Case Law

  9. Though the judicial system does not create new laws, the interpretations and decisions of the courts can have a lasting legal impact. In the interests of fairness, the same law may not be interpreted differently in two separate cases. As such, when a court interprets a piece of legislature relevant to a case in front of it, its decision must influence the adjudication of other cases involving that law until it is overturned. This is called "precedence" or "case law," and is an important part of the fulfillment of the judicial system's purpose.

Read more: The Purpose of the Judicial System |

  • The judiciary system that is present in many western societies is extremely complex in design and created to allow justice in the variety of situations that occur both in government, as well as in day to day situations of citizens. These complex judiciary systems---such as that in the United States---come with numerous advantages and disadvantages. Understanding the inner-workings of the western judicial system helps people to understand the history, planning and intricate details that are involved.

  • Justice

  • The overall goal of the western judicial system is to provide justice, settle disputes and interpret laws within a given country. The advantage of modern judicial systems---along with what makes them sophisticated in design---is their ability to be applied to countries that are extremely large. Many western societies have populations that reach into the hundreds of millions, so a court system that can be applied over this extensive group of people is all the more useful at providing justice.

    The system is designed to allow people to have a fair trial if accused of a crime, as well as allowing citizens to file lawsuits if wrongfully treated based on the country's laws. Every person accused of a crime or wrongdoing has a right to defend herself---or hire someone to defend her---in front of a judge or jury, who are required to determine whether the person is guilty based on his interpretation of the laws.

  • Court System

  • The court system is very extensive and extends into a variety of "court types"---making it much more effective. For instance---in The United States---The Federal Court System is appointed to act in matters pertaining to federal law. The United States Supreme Court system is the only one that can't be abolished according to the Constitution of the United States.

    Other court systems within the United States includes the U.S. Court of Appeals. The court dates back to 1891 and has 12 regional circuit courts that can review district courts in their regions. This creates a balance of power, making the courts run more effectively over such a large population.

    The court system then branches out further into District Courts, which are made up of judges that conduct individual trials and cases within their individual district.

  • Disadvantages

  • The disadvantages of western judicial court systems are present as well. As with other forms of organization, the judicial system is not flawless due to the vast size and number of laws that are present in most countries.

  • Read more: Advantages & Disadvantages of the Western Judicial System |