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Judicial immunity is the principle in which "a judge [has] complete protection from personal liability for exercising judicial functions". [6] Applying the doctrine of judicial immunity adopted by the U. S. Supreme Court in Bradley v. Fisher [7] in 1871 and held applicable to § 1983 actions in Pierson v.
Other terms include artificial person, corporate person, judicial person, juridical entity, juridic person, or juristic person. A juridical person maintains certain duties and rights as enumerated under relevant laws. [1] [2] The rights and responsibilities of a juridical person are distinct from those of the natural persons constituting it.
Legal psychology is a field focused on the application of psychological principles within the legal system and its interactions with individuals. Professionals in this area are involved in understanding, assessing, evaluating potential jurors, investigating crimes and crime scenes, conducting forensic investigations The term "legal psychology" distinguishes this practical branch of psychology ...
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of ...
Models of judicial decision making are developed by researchers and scholars to provide an explanation for the votes of United States Supreme Court Justices. With the Supreme Court holding such importance in the American legal and political system, researchers, scholars, and court-watchers have long tried to understand the motivations of its ...
The rights which belong to every human being are absolute and inalienable. [ 2 ] In Aristotle 's wake, [ 1 ] Thomas Aquinas developed a theory of proportional reciprocity, whereby the just man renders to each and all that is due to them in due proportion: what it is their moral and legal rights to do, possess, or exact. [ 7 ]
The Latin brocard nemo judex in causa sua has its origins in the Roman legal tradition and is codified within the Corpus Juris Civilis.In 376 AD, an imperial decree established the principle that "no one shall decide his own case or interpret the law for himself" (neminem sibi esse iudicem vel ius sibi dicere debere) (Code 3.5.1).
Judicial restraint is a judicial interpretation that recommends favoring the status quo in judicial activities and is the opposite of judicial activism.Aspects of judicial restraint include the principle of stare decisis (that new decisions should be consistent with previous decisions); a conservative approach to standing (locus standi) and a reluctance to grant certiorari; [1] and a tendency ...