Questions tagged [judiciary]

Questions about those parts of governments which interpret and apply the law. Please use with an appropriate country-tag.

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2
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2answers
155 views

What can individual state governments do to combat court case backlogs?

Many people say that states have a problem administering justice due to a large and growing number of cases that have yet to be tried. Increasing funding to the state's courts system seems like an ...
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1answer
91 views

Have the salaries or benefits of members of the Constitutional Court ever been decreased in an European country?

Background I have watched an interview with an economic analyst arguing that Romania is in a strange situation ("conflict of interest") because the Constitutional Court members are able to ...
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1answer
320 views

Why are there juries in the patent litigation cases in the U.S.?

Why are there juries in the patent litigation cases in the U.S.? There was a jury in the Samsung v Apple case, and I recall that none of the jury had an expertise in patent law. Is there a political ...
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1answer
485 views

How often does the federal government sue states?

The Justice Department recently filed a lawsuit against the State of Georgia over voting restrictions passed by the Georgia legislature. How often does the federal government file lawsuits against ...
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1answer
905 views

In what way(s) was US Judge Royce Lamberth a “pain in the butt” to the Clinton Administration?

After 06:27 in the CNN video Rudy Giuliani suspended from practicing law in New York state commentator Paul Kane, Senior Congressional Correspondent for The Washington Post said (my transcription): ...
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1answer
1k views

Is availability of jurors a limiting factor in the justice system?

It is being reported today that the Lord Chief Justice of England and Wales, Lord Burnett of Maldon is calling for smaller juries to clear the backlog of court cases: Telegraph (paywalled) Text ...
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1answer
697 views

In the U.S., what does it precisely mean that federal courts have limited jurisdiction?

In the U.S., what does it precisely mean that federal courts have limited jurisdiction? I ask because I'm unsure whether they can hear cases in which the president or the Congress are involved.
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158 views

Does the injunction blocking the Biden administration's suspension of new oil and gas leases only affect the 13 states that filed suit?

A federal judge in Louisiana ruled on June 15th that President Biden cannot pause new leases for drilling on public lands. It was a suit filed by 12 states and Louisiana. According to the NYT: Judge ...
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2answers
372 views

Has there been a movement to make US judicial appointments apolitical?

The judicial system in India and some other countries is independent of politics in the sense that it is not the party in power that influences who will be a Supreme Court judge, but judges among ...
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1answer
250 views

Has a U.S. president (or other politician) commenting on a criminal case ever actually led to a major setback for the prosecution?

We often hear politicians-- and U.S. presidents especially-- being criticized for weighing in on criminal cases on the grounds that their comments could prejudice a jury. Most recently Joe Biden and ...
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Studies on the application of “Red Flag Laws” in the US

I'm looking for objective studies describing how red flag gun laws involving Extreme Risk Protection Orders (ERPOs) are being used in those U.S. states that have implemented them. I'd like to see ...
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3answers
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Why do countries maintain a Ministry of Justice?

https://en.wikipedia.org/wiki/Justice_ministry Why isn't having a Judiciary enough? Why do countries maintain a Ministry of Justice?
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1answer
197 views

Why don't the high courts in Romania always issue the motivation for their decisions immediately?

On numerous occasions, the media presents the High Court's decisions about public figures or entities and mentions that the motivation/justification for their ruling will come sometime in the future. ...
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400 views

Is there a correlation between nationalism/conservatism and lack of judicial independence/rule of law?

Note: I am mostly thinking about Europe and North America and I would like to hear about studies/articles concerning any of these states In the last years, EU have faced several cases of countries ...
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1answer
630 views

Henry Kissinger and the International Criminal court

The International Criminal Court was created by the Rome Statute in 1998, entered into force in 2002 and is currently ratified by 124 nations. This is the court par excellence, for prosecuting crimes ...
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2answers
441 views

What happens if EU chooses a prosecutor that is not allowed to leave her country?

The main favorite in getting the EU prosecutor job (Kovesi) has been accused of corruption in Romania: Romanian magistrate Laura Codruta Kovesi, a hot favourite to become the EU’s first-ever top ...
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3answers
633 views

Is a jury entitled to find a defendant not guilty because the prosecution manufactured evidence?

If a jury decides that the prosecution has manufactured evidence against a defendant, are they entitled to find a defendant not guilty, even if they think that the defendant committed the crime they ...
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3answers
3k views

Granting Search Warrants after the suspect has been pronounced dead [closed]

The recent mass shooting at a school in Connecticut weighs heavy on our minds, but when listening to the coverage I noticed something that I could never understand. When the state is prosecuting a ...
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3answers
198 views

How possible is it for a city's courts to assuage fiscal distress with extreme bail?

I'm watching a television murder mystery where the prosecutor asked for the suspect to post $1 billion bail. This leads me to question how possible it is for a city to use its court system to request ...
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1answer
4k views

How was this person considered for a pardon in Iceland?

Iceland's government is collapsing. At the heart of this is apparently a scandal involving the Prime Minister's father, who vouched for the character of a convicted sex offender. Part of the story ...
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2answers
1k views

How would a trial occur if two political bodies investigate the same crime?

Background In the United States, there is plentiful news of investigations of high profile people. In particular, some issues, like the Hillary Clinton Email Scandal have resulted in investigations ...
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1answer
93 views

How is the prosecution of SNC-Lavalin risking 9000 jobs?

In the recently released tape the government was pressuring the attorney general not to prosecute SNC-Lavalin because of potential job loss and all that. The figure of 9000 jobs was mentioned at one ...
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1answer
127 views

How does jurisdiction of international courts work?

My understanding is that states who are signatories to international court are bound to respond to a lawsuit brought against them by another member state. Is that correct assessment? Or it’s case by ...
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Do DOJ regulations prohibit a Special Counsel from indicting the President?

I have seen many news articles mentioning that the Department of Justice has long argued that it cannot indict a sitting President; instead the appropriate course of action is for the DOJ to present ...
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2answers
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Who does the “Crown prosecutor of Russia” refer to?

In an email sent from Rob Goldstone to Donald Trump Jr. that was released by Trump Jr. on Twitter, it was mentioned in one email that the "Crown prosecutor of Russia" met with Aras Agalarov. The ...
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2answers
596 views

How do juror demographics compare with voter demographics in the US?

I am interested in seeing how the demographics of juries compare with voters in the United States. Is anyone familiar with any research in this area? In a perfect world voters would be defined as "...
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1answer
113 views

How to determine if an acquittal should not have happened?

A lot of people are saying that George Zimmerman should not have been acquitted over charges relating to his shooting of Trayvon Martin. As far as I'm aware, people are arguing that Zimmerman was ...
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553 views

Who takes over oversight of the Russia investigation if Jeff Sessions resigns or is fired?

A few months ago, Attorney General Jeff Sessions recused himself from the FBI's Russia investigation, so Deputy Attorney General Rod Rosenstein became the Acting Attorney General for purposes of the ...
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0answers
177 views

What are some arguments opposing the criminal justice system reform? [closed]

As in, the idea that there should be major changes to the criminal justice system because of its high incarceration rate and high racial disparity. I'm researching the criminal justice system reform ...
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1answer
133 views

Is “Justice of the Peace” an official in the administration of justice in England?

Is "Justice of the Peace" an official in the administration of justice in England? What about the Arbitrators and Juries? Do we consider them officials in the administration of justice?
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1answer
6k views

Can a United States judge register to a political party?

Canon 5 of Code Of Conduct for United States Judges says the following. Does this mean that a judge cannot be a registered Republican or Democrat? Or is it okay as long as he/she does not participate ...
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1answer
87 views

Are there some patterns as to which judges in US are elected and which are appointed?

It looks like some judges in the US (seems mostly on local level) are elected, whereas some (e.g. SCOTUS) are appointed. Is there a good, well-known pattern (based on judge level, locale, etc...) ...
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2answers
458 views

How can I obtain information about the candidates running for Judge in California?

Voters get to vote on retaining Judges in the State Court of Appeals and the State Supreme Court. But there is a dearth of information to make an "informed" decision. I can easily ascertain the ...
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1answer
131 views

Does any other Latin American country have a justice system in which the security forces can only be prosecuted by military courts?

According to a 2016 Amnesty article, the Chile justice system encourages brutality from the security forces because Chile’s military courts, which deal with cases of human rights violations committed ...
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1answer
310 views

Do Polish citizens support law that allows judges to be disciplined for criticizing the system?

Polish President Duda has adopted on October, 2nd 2020 a divisive law that allows judges to be disciplined for criticizing the system. The legislation, which has drawn condemnation from the European ...
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0answers
73 views

Test or drill to verify the functioning of a judicial system by ordinary people [closed]

Is there any mechanism in any judicial system to test its efficiency by designing a fake or test crime scheme to verify the functionality of the judiciary? For example, is there a method for a ...
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1answer
243 views

How immune are Supreme Court justices or other high ranking judicial officials from punishment for crimes committed during their official duties?

I am aware that members of Congress have some immunities and so do the President and Vice President, but what about Supreme Court justices or federal prosecutors for example?
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1answer
206 views

Is it legal to talk about former Chief Justice of India (CJI) in the Parliament of India?

On 8 February 2021, Mahua Moitra said the following in her speech in Lok Sabha during the discussion on motion of thanks on the President's address: The sacred cow that was the judiciary is no longer ...
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3answers
793 views

Why does the US Supreme Court work this way?

Sorry for the non-descriptive title, but while I was typing a more descriptive one I realized it was going to be overly long. My understanding of the USSC appointments is that they are for life only ...
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1answer
167 views

What did the Framers of the Constitution have to say about court packing?

Trump has repeatedly said that Biden wants to pack the courts, this likely wouldn’t work because of the Senate filibuster. Although hard, if one party were able to obtain 60 seats in the Senate, ...
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0answers
45 views

Do elected attorneys general and prosecutors in the U.S. sue companies more frequently when re-elections are upcoming?

I get the sense that this is true from anecdotal examples, as attorneys general (especially those with higher political ambitions) try to win future votes by being “tough on corporations”. But I don’t ...
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5answers
1k views

How do proponents of the “Living Constitution” view respond to the argument that it undermines democracy?

Those who reject originalism as a judicial philosophy generally say that the Constitution is a "living document" which changes in meaning as society changes. Further, they believe that the Supreme ...
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1answer
66 views

On what basis was the 2011 HHS override of and FDA decision overruled by a federal judge?

A Politico article on the FDA and its questionable legal independence (from the executive) mentions that: in 2011, the diminished autonomy of the FDA was made visibly apparent by a clash within the ...
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1answer
237 views

Can a Supreme Court justice be nominated and confirmed under two different presidents?

For example, if President Trump nominated a justice on his last day in office, could that person then be confirmed by the Senate during a Biden administration?
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1answer
182 views

What is going on with the constitutional court in Ukraine?

Recently, Ukrainian President Volodymyr Zelensky submitted a bill to the Verkhovna Rada (Supreme Council of Ukraine) proposing to terminate the powers of all Constitutional Court judges. It's a bit of ...
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2answers
402 views

If (Supreme Court) judges are supposedly impartial how are they so readily identified to parties?

Are they identified with Republican or Democratic parties depending on their leanings on specific, key issues? Or is there a more general cause, like broadly taking more literal interpretation of the ...
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6answers
8k views

How could the US Congress reduce the size of the US Supreme Court?

There are a number of questions regarding the motivations and effects of "packing" the supreme court in the United States of America by adding more justices of the appointer's preference. It ...
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5answers
8k views

Why is changing the size of the Supreme Court considered dangerous today, when it has been done in the past?

Recently, there has been a lot of talk about "court packing", the process of increasing the size of the Supreme Court, thereby creating openings to be filled with new justices. A common ...
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1answer
77 views

Free websites to help me find influential or contentious local court cases?

I am looking for free websites that contain (potentially partial) catalogs of state and local court cases in the United States, and allows me to filter and/or sort by any of the following: The vote ...
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What organizations made more than 100 endorsements in US state and local judicial races between 2009 and 2018?

Other than bar associations and trade associations, what organizations made more than 100 endorsements in US state and local judicial races between 2009 and 2018?