Thursday, December 31, 2009

The Judicial Branch

The Judicial Branch is of interest to me, particularly the procedure of electing Judges for life terms in some jurisdictions. It is my opinion this sets up the legal system for corruption and injustice. According to the mission statement of the American Bar Association, defending liberty and delivering justice is the national representative of the legal profession. The functions of law in society are to protect the rights of both the weak and the strong…this should be a protection extended to both parties, equally and unbiased therefore, based on facts. It is my experience (from the defense position) regardless of evidence and a good argument the judicial system rules in favor of the plaintiff. All of these lifer’s are liberal but because I represent a corporation that does not donate large sums of monetary donations to their judicial committee like the opposing party does, I believe those contributing factors result in corruption. Additionally, one of the best descriptor’s of law I have ever found is: “When we speak of the “law” we are really talking about the sum total of all these elements as they coexist at any point in time. As such, the law is extremely complex, somewhat uncertain, always dynamic, and sometimes self-contradictory.” The above statement is referring to the combination of a sum total of the constitutions, statutes, ordinances, executive orders, treaties, regulations, and judicial decisions. With regard to where all of this may fall under the umbrella of our Federal court system’s structure it is evident by Article III of the U.S. Constitution specifically, Section 2. Therefore, as you can see…all jurisdictions is a matter of Federal law. The law in and of itself is a circle that can be argued….whether or NOT the receiver is willing to listen to that argument is another question. The important thing about law is case study, good analysis of evidence and the judicial system. With those tools the power one has using the basis of law, changing the law is not necessary UNLESS there is no case study. At which time…off you go to my favorite, Supreme Court. Clearly, the Judiciary Branch of the Justice system is in a very favorable position of authority.

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