SOC205 - WEEK 9 - DISCUSSION 1

SOCIETY, LAW AND GOVERNMENT

"Discretion of Lower Courts"

From the e-Activity, describe at least three (3) factors that you believe permit the lower court to implement decisions at their discretion based on your reading of Chapter 14. Provide a rationale for your response.

Three factors that I believe permit the lower court to implement decisions at their discretion is inclusive of the following:

Independence
Decentralization
Individualism

The active ability of the lower court’s independence is allowable because first they have the freedom to make their own decision and respond to upper-court in their own way. Which includes the interpretation of the higher court’s ruling itself and the end product that they facilitate a change in procedure in rendering a verdict or a possible executivetory ruling and policy change to get the desired purpose done.

Further in the implementation of the policy changes the judges at their discretion have a high degree of freedom to be in compliance which might be due to complexity, true purpose of intent, actual unclearness of the active desire of policy, Therefore, based on this a clear direction of a precedent to follow is lacking.

Next, a lower court’s discretion may be affected by the manner in which way and how the communication is phrased, written or delivered. Therefore, the presentation or decision made is based on not just a referral of an opinion but based on discretionary interest and act on grounds of factual relayance and presentation. Consequently, all higher court policies are not strictly and clearly enforced because a state of unknown or is ambiguous and as such this contributes to a judge’s right to use discretion and reason to implement judicial policies.

Propose at least two (2) available remedies that the general populace is able to utilize to promote court decisions that a judge from the lower court has yet to implement. Provide a rationale in your response.

In my opinion, there are several remedies that the general populace are able to utilize to promote court decisions that a judge from the lower court has yet to implement include the following:

Lobbying
Petitioning
Request to activate and initiate new status
Rally

Since there is no clearly defined answer, in all purposes to initiate a determination would be inclusive of the four to mainly acquire recognition, stand out ability and gain prominence amongst the case’s to be quickly implemented and initiated.

Thank you.

Felicia

SOCIETY, LAW AND GOVERNMENT
WEEK 9 - DISCUSSION 1
RESPONSE TO CO-STUDENT

I agree that discretion is indeed a powerful tool for judges not only does it exert its own power but it helps prevail power and keep establishment of power. From higher to lower court the ability to exercise the right is in itself an interpretation and need to clarity and rights of act and opinion.

Thank you.

Felicia