Judicial Precedent Essays and Research Papers

Instructions for Judicial Precedent College Essay Examples

Title: This a paper a Bachelor Law class The Common Law Reasoning Institution CLRI Research Essay students sitting CLRI exam May June 2011 As part Common Law Reasoning Institutions research write essay answer reflective questions essay examination

  • Total Pages: 6
  • Words: 2702
  • Works Cited:10
  • Citation Style: APA
  • Document Type: Essay
Essay Instructions: This is a paper from a Bachelor of Law class on The Common Law Reasoning and Institution.

CLRI Research Essay (for all students sitting the CLRI exam in May/June 2011)

As part of the Common Law Reasoning and Institutions course, you must research and write an essay and answer reflective questions on this essay in the examination. The essay must be between 1,500 and 2,000 words with bibliography extra. Your bibliography must be listed at the end of the essay.

Important Requirements
? The essay must be between 1,500 and 2,000 words; the bibliography does not count towards this word limit.
? A short bibliography must be included at the end of the essay.
? We recommend the essay be written using 1.5 line spacing.
? The essay should be written using a word processing package eg. Microsoft Word, Open Office, Word Pad, WordPerfect etc.



>>>>>QUESTION:

?Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.? Discuss.





<<>>>

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Works Cited:

References:

"Advantages and Disadvantages of the Doctrine of Judicial Precedent." Sixth Form Law.

Retrieved April 30, 2011, from http://sixthformlaw.info/01_modules/mod2/2_1_1_precedent_mechanics/08_precedent_advantages_dis.htm

Bovington, L. (2010, April). Dr. Peter Jepsons. Retrieved April 30, 2011, from http://www.peterjepson.com/law/LAS-8%20Bovington.pdf

"In Practice the Doctrine of Precedent Does Not Contain Judicial Decision Making." (n.d.). The

Lawyers & Jurists: Barristers, Advocates & Legal Consultants. Retrieved April 30, 2011, from http://resources.lawyersnjurists.com/research-papers/assignments/miscellaneous/in-practice-the-doctrine-of-precedent-does-not-contain-judicial-decision-making-activist-judges-can-always-creatively-interpret-previous-case-to-reach-to-the-outcome-they-desire-explain/

"Judicial Precedent." (2007). A-Level-Law.com: The English Law Web Site of Asif Tufal.

Retrieved April 30, 2011, from http://a-level-law.com/els/judicial_precedent.htm

"Judicial Precedent." (2011). Langston & Langston, PLLC. Retrieved April 30, 2011, from http://www.langstonlawyers.com/newsletters/Litigation/?launch_pg=NewsletterDetailLayout&launch_sel=1000364&title=Judicial+Precedent

"Judicial Precedent." (n.d.). School of the Built Environment. Retrieved April 30, 2011, from http://nuweb.northumbria.ac.uk/bedemo/Sources_of_English_Law/page_10.htm

Lewis, S. (n.d.). Using Cases to Illustrate, Explain How and Why the Courts Make Use of the Doctrine of Judicial Precedent and Statutory Interpretation to Resolve Points of Law. Retrieved April 30, 2011, from http://www.peterjepson.com/law/LewisLAS-6.html

Maverick. (2006, October 24). Judicial Precedent - ELS. Retrieved April 30, 2011, from http://mavrkylawcenter.blogspot.com/2006/10/judicial-precedent-els.html

"Precedent In Theory." (n.d.). MultiMania. Retrieved April 30, 2011, from http://members.multimania.co.uk/lawnet/PRECED.htm

Tufal, A. (n.d.). Judicial Precedent. Retrieved April 30, 2011, from http://www.lawteacher.net/PDF/Judicial%20Precedent.pdf

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Title: Free speech controversy

  • Total Pages: 3
  • Words: 1216
  • Bibliography:0
  • Citation Style: MLA
  • Document Type: Research Paper
Essay Instructions: Online Critique (2 - 3 pages) - 20 Points
Students are to find one scholarly article online that presents a perspective on a free speech controversy, and submit a critique of the article. The critique should include the following items: (1) The name of the article, the author, and the proper citation according to APA format. (2) A summary of the article. (3) A critical analysis of the deficiencies in the author's perspective, as well as a description of the best points of the analysis. Please choose the article from the reading list provided at the end of the syllabus.
Please note the page requirement for this paper does not include the title page, or any bibliography you may use. Please post as an attachment.
All postings for the online critique must also be made by 6 pm on Sunday, January 30, 2005. No response to other student's papers is required for this paper.
American Judiciary (CRJ 330) Reading List

Abraham, Kenneth S., "Three Fallacies of Interpretation: A Comment on Precedent and Judicial Decision, " 23 ARIZONA LAW REVIEW 771 (1981).

Aldisert, Ruggero, "Philosophy, Jurisprudence, and Jurisprudential Temperament of Federal Judges," 20 INDIANA LAW REVIEW 453 (1987).

Calhoun, Emily, "Thinking Like a Lawyer," 34 JOURNAL OF LEGAL EDUCATION 507 (1984).

Christie, George C., "Lawful Departures From Legal Rules: 'Jury Nullification' and Legitimated Disobedience," 62 CALIFORNIA LAW REVIEW 1289 (1974).

Christie, George C., "Vagueness and Legal Language," 48 MINNESOTA LAW REVIEW 885 (1964).

D'Amato, Anthony, "Can Any Legal Theory Constrain Any Judicial Decision?," 43 UNIVERSITY OF MIAMI LAW REVIEW 513 (1989).

Day, Jack G., "Why Judges Must Make Law," 26 CASE WESTERN RESERVE 563 (1976).

Fallon, Richard H., "Non-Legal Theory in Judicial Decision making," 17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 87 (1994).

Farber, Daniel A., "The Case Against Brilliance," 70 MINNESOTA LAW REVIEW 917 (1986).

Farber, Daniel A., and Frickey, Philip P., "The Jurisprudence of Public Choice," 65 TEXAS LAW REVIEW 873 (1987).

Farnsworth, E. Allan, "'Meaning' in the Law of Contracts," 76 YALE LAW JOURNAL 939 (1967).

Fiss, Owen M., "The Death of Law?" 72 CORNELL LAW REVIEW 1 (1986)

Fletcher, George P., "Paradoxes in Legal Thought", 85 COLUMBIA LAW REVIEW 1263 (1985).

Friedman, Lawrence M., "Legal Rules and the Process of Social Change," 19 STANFORD LAW REVIEW 786 (1967).

Fuller, Lon L, "Legal Fictions," 25 ILLINOIS LAW REVIEW 363 (1930).

Fuller, Lon L., "The Forms and Limits of Adjudication," 92 HARVARD LAW REVIEW 353 (1978).

Ganz, G., "Allocation of Decision-making Functions," 1972 PUBLIC LAW 215 (1972).

Gilmore, Grant, "Legal Realism: Its Cause and Cure," 70 YALE LAW JOURNAL 1037 (1961).

Goodrich, Peter, "The Role of Linguistics in Legal Analysis," 47 MODERN LAW REVIEW 523 (1984).

Graglia, Lino A., "Do Judges Have a Policy-Making Role in the American System of Government?", 17 HARVARD JOURNAL OF LAW AND PUBLIC POLICY 119 (1994).

Greenawalt, Kent, "Policy, Rights, and Judicial Decision," 11 GEORGIA LAW REVIEW 991 (1977).

Grey, Thomas C., "Do We Have an Unwritten Constitution?" 27 STANFORD LAW REVIEW 703 (1975).

Grey, Thomas C., "Origins of the Unwritten Constitution: Fundamental Law in American Revolutionary Thought," 30 STANFORD LAW REVIEW 843 (1978).

Grey, Thomas C., "The Constitution as Scripture," 37 STANFORD LAW REVIEW 1 (1984).

Hopkins, James D., "Fictions and the Judicial Process: A Preliminary Theory of Decision," 33 BROOKLYN LAW REVIEW 1 (1966).

Hughes, Graham, "Rules, Policy and Decision Making," 77 YALE LAW JOURNAL 411 (1968).

Jones, Harry W., "An Invitation to Jurisprudence," 74 COLUMBIA LAW REVIEW 1023 (1974).

Kennedy, Duncan, "Legal Formality," 2 JOURNAL OF LEGAL STUDIES 351 (1973).

Leff, Arthur Allen, "Unspeakable Ethics, Unnatural Law," 1979 DUKE LAW JOURNAL 1229 (1979).

Lyons, David, "Formal Justice, Moral Commitment, and Judicial Precedent," 81 JOURNAL OF PHILOSOPHY 580 (1984).

Lyons, David, "Justification and Judicial Responsibility," 72 CALIFORNIA LAW REVIEW 178 (1984).

Miller, Arthur S. and Barron, Jerome A., "The Supreme Court , The Adversary System, and the Flow of Information to the Justices: A Preliminary Inquiry," 61 VIRGINIA LAW REVIEW 1187 (1975).

Monahan, John, and Walker, Laurens, "Social Authority: Obtaining, Evaluating, and Establishing
Select one of the articles please

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Reference

Christie, George C. (1964). Vagueness and legal language" 48 Minnesota Law Review 885: 885-911.

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Title: Legal Analysis

  • Total Pages: 5
  • Words: 1461
  • Sources:4
  • Citation Style: MLA
  • Document Type: Essay
Essay Instructions: Please read the assignment that i Will upload. It explains the situation in which you are writing the assignment. You are a law school graduate and work for a lawyer in the semi-rural country in the State of Gallatin.

You are to prepare a written analysis of the case Town of Greece v. Galloway with the facts provided in the assignment.

there are 5 questions to be answered and the assignment must be 5 pages and must address each of the 5 questions.

Don't write a section about case facts just incorporate any relevant facts into your analysis and discussion.

when referencing or citing a source give all citations. use footnote citations and once you refer to one source you can refer to the short version of the source throughout the rest of the paper.

Do not use any outside research or source besides the files i provide.

Make sure the is a clear and organized structure, clarity, legal reasoning as this is for a business law class and have a clear argument.

? Structure/Format: Did you follow the instructions and proof read your paper for spelling and grammatical errors?
? Clarity: Did you clearly state your position and support it with relevant material, such as case law, statutes, regulations and articles?
? Legal Reasoning: Did you use legal reasoning in an accurate manner, and did you show an understanding of the relevant judicial precedent and statutes?
? Argument: Have you shown that you are able to recognize ambiguity and analyze all sides of a legal controversy from the perspective of the various parties?

You do not need to provide a citation for Town of Greece v. Galloway or Marsh.

The page or pages of end notes will not count against the five page limit.

Please contact me with any questions and follow the guidelines closely.

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Sources:

References

Majority Opinion of Justice Kennedy (2014) Town of Greece, New York Petitioner v. Susan Galloway, et al. 572 U.S. Court of Appeals for the Second Circuit.

Dissenting Opinion of Justice Breyer (2014) Town of Greece, New York Petitioner v. Susan Galloway, et al. 572 U.S. Court of Appeals for the Second Circuit.

Concurring Opinion of Justice Alito (2014) Town of Greece, New York Petitioner v. Susan Galloway, et al. Supreme Court of the United States. No. 12-696.

Dissenting Opinion of Justice Kagan. (2014) Town of Greece, New York Petitioner v. Susan Galloway, et al. Supreme Court of the United States. No. 12-696.

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