Posted: August 3rd, 2022

JUS-104 Topic 5 – The Judiciary

Complete the “Judiciary Worksheet.”

Utilize the GCU library to locate a minimum of three to five scholarly, relevant sources to support your content.

While GCU style is not required for the body of this assignment, solid academic writing is expected, and documentation of sources should be presented using GCU formatting guidelines, which can be found in the GCU Style Guide, located in the Student Success Center.

This assignment uses a scoring guide. I need help writing my essay – research paper review the scoring guide prior to beginning the assignment to become familiar with the expectations for successful completion.

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JUS-104_T5_JudiciaryWorksheet_ScoringGuide_TO.docx
JUS-104_T5_ JudiciaryWorksheet.docx
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JUS-104 Topic 5 – The Judiciary
Instructions: I need help writing my essay – research paper review and respond to the following questions. Make sure responses are substantive in nature and meet the required word count. There should be at least one reference per question.
1) Was the British-American judicial system looked upon with favor by American colonists? Why or why not? How did it influence and contribute to the development of the American Judicial system? (150 to 200 words response)
The American colonists did not look upon the British-American judicial system with favor due to some of its laws such as imposing taxes without direct representation in Parliament for the Americans. ripots and disorders broke out periodically since the representative institutions failed to handle the aggrieved elements within the American Colony. The checks and balances that were used by the British American judicial system were also not favored by the American colonists. This process entailed having neutral judges who would not pursue justice by asking the relevant questions hence raising concern on the administration of justice. the judiciary would not act independently noting that the legislature was supreme and they would not question the constitutionality of the laws made. The American system would hence be developed with a consideration of the checks and balances principle in which the three levels of government had to be independent (Library of Congress, 2020). The American system brought in a written constitution that was not present in the British’s judicial system which became the foundational regulations that the courts would use as references when rul;ing on cases.
2) What is the significance of Article 3 of The U.S. Constitution and The Judiciary Act of 1789? Why are these important regarding the powers of the judiciary? (100 to 150 words response)
The laws are considered the regulations that created the judicial courts of the United States. The Article led to the creation of one Supreme Court which was granted the judicial power of the country. Therefore, its roles were that it became the court of last resort in the United States and through the granted powers of judicial review, it ensured that each government branch knew the limits of their granted powers (United States Court, 2020). This law created the judicial branch, which also included the district and circuit courts, hence heeding to the powers of checks and balances. The judiciary branch is responsible for interpreting the law and imposing punishments to all the parties that violate the American constitutional laws.
3) What role does politics play in the appointment of Supreme Court Justices? (100 to 150 word response)
Generally, the president has been awarded the right to nominate and through the advice and consent of the senate to appoint the Supreme Court judges. Over time, the presidents would demonstrate that they nominate justices with similar political views as them. Nonetheless, there is a particular type of political criteria they invariably incorporate so as to disqualify individuals including those that are not in the president’s political party as they move towards selecting the ultimate Justice. normally the political criteria used by the president and advisors have been grouped into three: representational, doctrinal and professional. The degree in which a particular criteria is used relies on the prevailing political environment. It is also important to note that the nominated individual will typically be scrutinized thoroughly by over fifty hostile senators who wish that the incoming president is replaced by one from their one party (Kahn, 1995). To this effect the obvious objective in every appointment is to have one that will be hopefully, swiftly and with no controversy be confirmed by the Senate.
4) What is the difference between a prosecutor and a plaintiff? What are the similarities between a prosecutor and a plaintiff? (50 to 100 words response)
The plaintiff is the private individual who files charges against another party in a civil case that are mostly ruled by a judge without the assistance from a jury. The prosecutor is the official appointed by the state to handle criminal cases. the two parties are seeing their justice by proving beyond reasonable doubts that the defendants are guilty. the prosecutor will have collected information for proving guilt with the plaintiff having to show evidence as they have the burden of proof of fault on the other party. The plaintiff is the party that suspects an unjust action was done against them . While the two parties will be presenting a case before the court, they will follow distinct procedures in handling the cases (All-pro Bail Bond, 2019: 2024 – Online Assignment Homework Writing Help Service By Expert Research Writers).
5) Research what it means to be a justice of the peace and write about it. Many justice of the peace positions still do not require the justice of the peace to have legal training. Should that change? Explain. (100 to 150 words response)
A Justice of the Peace is responsible for making decisions that have a direct impact on the accused coming before a court. Their decisions also affect the victims, witnesses and the greater society (Scottish Government, 2010 – Essay Writing Service: Write My Essay by Top-Notch Writer). When a case goes to trial, the Justice is required to decide in finding the accused guilty or not. If the offender is found guilty or even when the offender did plead guilty, the Justice is required to decide in the proper sentences. while these Justices do not require special legal training since they are ordinary community members that use their judgment , opinion and common sense for assessing the facts, determining guilt or innocence and imposing the right sentence. nonetheless, it is essential that they also receive legal training as it allows them to further understand the dynamics of the law and the judicial system. However, learning should not play a huge role in making decisions. rather their personal qualities such as a capacity of being fair, sound judgment, proper communication and managing individual behaviors and workload in court should be fundamental.
6) Research the accomplishments of Chief Justice Warren Burger. What were some Chief Justice Burger’s accomplishments? Do you think he played a positive or negative role in the development of how the Supreme Court functions? (100 to 150 words response)
He gained the reputation of being a “law and order” judge with an apparent conservative stance on the rights of the accused. His court also issued the unanimous ruling that propagated the pragmatic approach to mitigate the de facto racial segregation in schools. Also, he became a fundamental proponent of Alternative Dispute Resolutions in order to reduce the overburdened judicial system (Warren E. Burger, n.d.). This was his main legacy indicating that the present system was too costly, painful, destructive and inefficient for the truly civilized American people. He did play a positive role in the development of Supreme Court functions as he started the initiative of considering other conflict resolution methods while reducing the burden on the court.
7) How has the American judicial system influenced the development of America’s police forces? Is the Judiciary still influencing America’s police forces today? Explain. (150-200 words response)
The American judicial system has impacted the development of the American police forces by taking back some of the powers granted to the police force. it also has provided interpretation of respective laws that govern their daily activities. Operations such as Miranda rights, unreasonable searches or seizures, and following the due process are all laws governing their operations and very mandatory. Apart from requiring the police officers to adequately heed to the laws as they have considerable impact on the criminal cases, the Judiciary still continues to make necessary changes to ensure they administer justice adequately and the public get the highest safety standards.

References
Library of Congress. (2020). Overview | The new nation, 1783 – 1815 | U.S. history primary source timeline | Classroom materials at the Library of Congress | Library of Congress. Retrieved from https://www.loc.gov/classroom-materials/united-states-history-primary-source-timeline/new-nation-1783-1815/overview/
United States Court. (2020). About the Supreme Court. Retrieved from https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about
Kahn, M. A. (1995). The appointment of a Supreme Court Justice: A political process from beginning to end. Presidential Studies Quarterly, 25-41.
All-pro Bail Bond. (2019: 2024 – Online Assignment Homework Writing Help Service By Expert Research Writers, June 14). Difference between prosecution and plaintiff. Retrieved from https://www.allprobailbond.com/blog/news/the-difference-between-prosecution-and-plaintiff/
Scottish Government. (2010 – Essay Writing Service: Write My Essay by Top-Notch Writer, November 1). What does a justice of the peace do? Retrieved from https://www2.gov.scot/Topics/Justice/law/justice-peace/about/justiceofpeace
Warren E. Burger. (n.d.). Oyez. Retrieved October 30, 2020, from https://www.oyez.org/justices/warren_e_burger

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