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Difficulties in Adjudicating

Difficulties in Adjudicating

Difficulties in Adjudicating: A Comprehensive Analysis

Human beings are social animals, with the inherent need to live in a structured, organized, and orderly manner. For that reason, laws and regulations are the cornerstones of modern society, and they exist to provide the basic framework for the functioning of civilized society. However, the enforcement and interpretation of laws can be complicated and problematic, owing to certain difficulties that arise when adjudicating legal disputes. This article intends to explore some of the issues and dilemmas that arise when adjudicating legal disputes.

Legal Disputes:

Legal disputes emerge when one party believes that their rights have been infringed upon or if there is a disagreement concerning the interpretation or application of a particular law. Legal disputes can be categorized into two broad categories – civil and criminal. While civil disputes arise between private individuals or entities, criminal cases are brought by the state and aim to punish a law-breaker. Adjudication involves rendering a judgment or decision in a legal dispute. Adjudication can take several forms, ranging from traditional court trials to alternative dispute resolution methods, such as arbitration and mediation.

Difficulties in Adjudicating:

Adjudicating legal disputes can be complicated owing to several reasons. Some of the most common issues that arise when adjudicating legal disputes are:

1. Complexity of Law:

The law is a vast and ever-evolving field, and it can be challenging to interpret and apply the law in a just and fair manner. The complexity of the law can be attributed to several factors, such as the proliferation of laws and regulations, judicial precedent, and the complexities of modern-day life. Moreover, legislation and regulations are often written in technical jargon, making it challenging for ordinary people to comprehend the law fully.

The challenges posed by the complexity of the law are further compounded when interpreting the law. The interpretation of the law is subjective, and there can be room for interpretation. Judges can differ in their interpretation of the law, resulting in conflicting judgments and outcomes. The interpretation of the law is heavily dependent on contextual factors and can be influenced by the social, political, and economic climate prevailing at a given time. The lack of clarity in the interpretation of law can lead to confusion and injustice.

2. Under-resourced Judicial System:

The judicial system is an essential pillar of democracy, and it is crucial that it is well-resourced and adequately staffed to function efficiently. However, many countries’ legal systems are under-resourced and understaffed, leading to congestion of the courts. Overburdened courts can lead to backlogs of cases, resulting in significant delays in the adjudication of legal disputes. These delays can lead to frustration, injustice, and a loss of faith in the judicial system.

Moreover, under-resourced courts often do not have the necessary infrastructure or technology to handle complex cases. For instance, many courts still rely on paper records, which can make it challenging to access information quickly.

3. Judicial Independence:

One of the fundamental pillars of a fair and just legal system is an independent judiciary. Judicial independence is essential to ensure that judges are free from any external influence and can render judgments based on merit and law. However, ensuring judicial independence is easier said than done. Judges can face external pressure from powerful individuals, political parties, and interest groups, leading to the subversion of justice.

Moreover, many countries lack a clear mechanism to ensure judicial accountability. The appointment of judges is a political decision in many countries, leading to the appointment of judges with political loyalties. This lack of accountability can lead to an erosion of public trust in the judicial system.

4. Lack of Access to Justice:

Access to justice is a fundamental right, and it is crucial for ensuring a democratic and equitable society. However, many people face significant barriers to accessing justice due to various reasons, such as poverty, discrimination, or a lack of awareness concerning legal rights. People who cannot afford legal representation are at a disadvantage, as there is a significant power imbalance between themselves and those who can afford legal representation.

Moreover, certain vulnerable populations, such as women, children, and minorities, face additional obstacles when accessing justice. These groups may be subject to discrimination or may face cultural or socio-economic barriers, making it difficult for them to access justice.

5. The Influence of Media and Public Opinion:

The media plays a crucial role in shaping public opinion and can influence the outcomes of legal disputes. Media coverage of legal disputes can be biased and sensationalized, leading to the trial by media. The trial by media can result in the prejudgment of cases, wherein the accused is presumed guilty before being tried in a court of law.

Moreover, increased media scrutiny can put pressure on judges to make decisions that are in the public interest, rather than based on the law. This can lead to decisions that are influenced by public opinion, rather than a considered interpretation of the law.

Conclusion:

Adjudicating legal disputes is a complex and multifaceted process that is vital to the functioning of a democratic society. However, several difficulties and challenges emerge when adjudicating legal disputes. Some of the most significant issues are the complexity of the law, under-resourced judicial systems, judicial independence, lack of access to justice, and the influence of media and public opinion. These challenges must be addressed to ensure that the legal system functions to the best of its ability, delivering justice to all.


The United States’ collective sentiment regarding illegal immigration laws run the gamut of discourse, ranging from economical concerns to altruistic compassion.

In essence, the stance of certain spirited critics–critics whom aspire to intensify the immigrations policy currently in place, should that involve the immediate deportation of any and all illegal immigrants–exists in tandem with lobbyists and advocates who base their viewpoints on the humane implications that might coincide with the deportation of a parent of a young child. In this respect, the debate is subject to further complications due to the Fourteenth Amendment Becoming a naturalized American citizen is the assumed for most immigrants that come to the United States.

Illegal immigration laws are constantly under national scrutiny as a result of the possibility that some illegal immigrants are fitted to receive amnesty, allowing them to become legalized without the long process that many immigrants face when they come to America with a Visa