ACTIBVITY 9:1

Adversarial judicial system is judicial system consisting of two opposing views. Where you tow opposites sides can put a case in front of a decision maker. Advisory opinions is an opinion by a court regarding the legality of; the proposal, legislation or conduct issued in absence of a case of controversy. Judicial review is refers to the judicial power to decide on the ocnstitional of activities undertaken by other governmental institutions. Things like laws, and policies advanced by executives and legislatures. Beckers characterstics/dimensions of courts: Theodore Becker greatly contributed to the cross national literature on judiciaries, He characterized courts as having seven components. 1. An individual group of individuals 2 with power to make decisions in disputes 3. Before whom the parties or their advocates present the facts involved in the dispute and cite principles I 4. Are applied by that individual or those individuals. 5 Who believe that they should listen to the facts and apply cited impartial principles to . 6. That they can decide. 7. That they are an independent body. Common law/judgemade law; judgemade law is making also called Anglo American law whereas while the science was being developed back in England during that time, the judge maed the laws. . Common law courts base their rulings on precedent whereas a judege will use the previous rulings as an example to help them guide their decision. Criminal /Civil Law- where body of delineated to private rights and given disputes between individuals in such areas of property rights and/or remedies. Criminal laws is crimes against our laws which may result in punishment. Double Jeopardy : No one can ge tried twice for the same crime its a 5th amendment law. Judicial Functions responsibility and jobs of our judicial department in determining of the meaning of laws and implementation of fines and or penalties and or resolutions. Judicial irresponsibility to majority: judges are supposed to render the law. The court must be impartial to the conflicts that come before them. Judicial review is the Judicial powers to deciede on the constitutionality of the actions taken by the government institution . Legal cultures (Marxixt Socialists) Locke felt that Judges did not belong in the political arena. They were to stay in the area of the law establishing the law. While Marxist laws were socialism where the people gave all their control over to the government. Marxist views felt that capitalists was the problem. If we converted to his views we would not need courts. Natural law: is the law of human and moral justice Philosophical law comes from society and human nature and divine justice defining right and wrong. Positive law is inactive laws when the codes are or laws are enforced by the courts.

Precedent/stare decisis are a decided case that can serve to show facts that are similar where the court follows the decision on a previous ruling. Pyramid/double pyramid of judicial systems. Compilation of all the courts in their hierarchy. The long number of courts of its initiation, adjudication, fewer appeal courts, single supreme courth. The various judicial systems begin on the ground floor and work their way up through the judicial system. Sources of law we get our sources of laws through the constitution, treaties, statues or costumes that have a point of origin for legal analysis. Socialist law Where everyone gets equally the same share no matter their job. Where the government makes all the preparations for the people . Socialist law comes from a different philosophical root. Marx thought the law was a tool of the state in capitalistic societies and it was used to oppress the working class. Scientific law a laws This is a law where the hypothesis is formulated by the systematic scientific method by testing, observations and measurements. Romanic-Germanic law is also known as code low, developed from the basis of Roman Law at the time of Justinian AD 533. This was contrast with common law and is based upon comprehensively written legislative statues blended together as codes. Traid structure of courts/impartially is the unbiased opinion dissenting in the outcome that is leaning or favoring one side or another. Inquisitory system is proof taking used in civil procedures. The judge conducts the trial, interviewing and questioning the defendants and defines the extent of the injury. Who initiates Court Cases In the United States only the person injured can initiate suit.

ACTIVITY 9:2
After watching the pbs/wide angle program I saw that the Chinese have tried to have a fair court in a communist country. They showed how the traveling court goes around to the different farm villages that aour about 100 miles away from the city where they settle dispurtes. The one program that I watched was the farmer who accused his neighbor of buringin down his trees and wanted to be compensated for it. They had lawyers that were more like arbitrators because they lacked the use of legal language and the court was very humble.

They were official by reading the allegations, and the number of times that they tried to remedy the problem and that both sides refused. However, on this day the plaintiff and defendante2223++came to a resolution that was a small dollar amount where both parties were happened that justice had prevailed. Now the overall climate in China is that the court is not fair and the government controls everything. This court was shaped after a successful court program was aired in China during the 1970s where there was a fair judge well liked by the citizens that rendered fair decisions in court cases. Theis the beginning of a traveling court which is new for China. While Chinas program looks promising and is a reminder of our early traveling courts during the enlightment period, they have a long way to go, and many think its an impossible task. In time we will see how long it will take China to have a more modern court, or maybe they will build courts in the courty side and expand the government so it can police itself.

Comparison of the practice of judicial review in the Unites States with its practice in France, Germany and England.
Judicial review is the judicial power that is given to the judges to decided upon the constitutionality of activities that the governmental institutions ; like laws and policies that are brought about by the executive department and the legislature. Though we, the United States can practice judicial review other country s are not permitted to do this. Judicial is not new for we can locate it back to the time of Plato and found discussion of judicial review primitive form, but it was there when Plato talked about the creation of a nocturnal council of magistrates to be the guardians of our god-given constitution. England as recently as twenty years ago began moving very slowly in judicial activism. For the most part the judges were very relunctant to make any with regards to the British political culture which included the institution of the British government, the courts or administrative law. In Russia rather than Germany there is no room for judicial review as is was not part of the regime. A Russian court of general jurisdiction doesnot have the authority to nullify a statue holding it unconstitiutional. The only time in 1991 the Constitutional Court of Russia was established. The Supreme Court of Russia does not have the right of judicial review but has the right of legislativie initiative and can submit its thoughts conceding the interpretation of laws.