Precedent Essays

In the article entitled ‘Determining the Ratio Decidendi of the Case’ by Arthur L. Goodhart, I underwent a roller coaster-like journey on exploring the science behind the nature of a precedent in English law. Goodhart started with the attempt to explain the full meaning of ratio decidendi in the simplest terms. He referred to Sir John Salmond’s definition in which I have interpreted ratio decidendi as the principle of law that is found in a court decision and possesses the authority to be binding

The Introduction The precedent is a decided legal case, which is used as a basis for deciding later similar cases. The English Law system is a legal system where the precedent has a great weight. This law system can be subdivided into two main interrelated branches: statute (or statutory) law and common law. Statute is an Act of Parliament, which starts its life as a bill, goes through the parliament, receives royal assent and becomes law. [5] Common law works in a different way, the judges rather

No doubt the doctrine of the judicial precedent has proved to be a real advantage to society. However, we cannot neglect the fact that there are some disadvantages associated with this doctrine. 1. The very first disadvantage of this doctrine is the fact that not all the judges will have the same conclusion on a matter; therefore increasing the complexity of a case. Just like human beings differ from each other physically, they also differ mentally. Different judges will have different interpretation

not follow a precedent based system. Since there is already a basis on which the judgment will be passed, the judicial process becomes so much faster. Disadvantages of common law: • Common law can old and is frequently based on archaic concepts. • Furthermore, common law is not all officially laid down and plainly in unambiguous or structured language like statutes. • If a bad court decision has been made, it will be perpetuated as common law systems are all about following precedents. Changes will

Sources of Law: Common law finds its foundation in precedents, rulings and decisions made by past judges Stare decisis (let the decision stand) is a key concept. But judges have developed the means to change or adapt the common law by modifying, distinguishing or overruling precedent case law. The common law is not written down in a law book but is collected in volumes that contain the reports of legal decisions. Each case is given its own legal identity through a system of numbered citations. 2

“The Five People You meet in Heaven” is an enchanting, beautiful crafted novel that explores a mystery only Heaven can unfold. It is a tale of life on earth. It’s a tale of life beyond it. It’s a fable about love, a warning about war and a nod of the cap of the real people of this world, the ones who never get their name in lights. CHARATERS MAJOR CHARACTERS: • Eddie- a crippled elderly man, head of maintenance at an amusement park called “Ruby Pier”, who is the protagonist and the main character

have been dealt in previously decided circumstances, and from this precedents they need to follow the doctrine of stare decisis. Common law can respond to cases, situations and facts that were not foreseen by legislators. Common law can examine and develop responses to real life situations. (Kenneally, A. and Tully, J.(2013) The Irish Legal system). Another main distinction between the two systems is the compulsory force of precedents. While in the courts of civil law, their main job is to decide on

The human race is constantly evolving. Yet, we struggle to learn what the true meaning of good and evil is. These two simple words should be easy enough to define, yet they have the most ambiguous meanings. No one can truly say what is good or evil, but Flannery O’Connor, a writer that lived from 1925 to 1964, provides an accidental moral lesson through her stories that may be able to explain why human fail truly define these words. Though the writer Flannery O’Connor did not set out to teach

Scots Law The Scots law has its basis brought up from Roman law, that includes uncodifed civil law and common law with medieval sources. Scots law is the legal system of Scotland. The Scots law has two types of courts responsible for justice; criminal and civil. The supreme civil court is the Court of Session, also, certain civil appeals can be moved to the Supreme Court of the United Kingdom. The High Court of Justiciary is the supreme criminal court in Scotland. Apart from these, the Sheriff Court

One thing that was the really stimulating, was the editorial, is that we are not somewhat really mindful of countless micro-aggressions we contribute too. Except we are on the getting part of it, and time and again we don’t comprehend that we are actually giving. These be presently discussed in the editorial as micro-insults and micro-invalidations. The editorial is written in the direction of race, but able to be perceived all the way through numerous occurrences. For instance, saying that a female

The two plays Death of a Salesman and Fences are both very similar. both plays take place in American cities. This is post WW2 era and both families are facing the struggle of the “American Dream.” In each play the families deal with the disappointments of life during this time period. Willy Loman is the father figure in the play Death of a Salesman. He is a salesman with big dreams for himself and his two sons. Happy and Biff are expected to follow in their father’s footsteps and be salesman. Biff

Discourse does not have a general definition , but Foucault ( as cited by Mills, 2004) have stated that the most effective ways of think of discourse is" practices that systematically creates the object which they speak" (p. 61). In other words, what we say and think are two different things. Discourse is also an idea that language is planned according to different areas of social life, and a way of talking about and understanding the world (Jorgensen & Phillips, 2002). Discourses are made up of

In this short stories “The Tell-Tale Heart” by Edgar Allan Poe and “A Rose for Emily” by William Faulkner, the authors represent the sense of horror in their stories. They are very similar in expressing their terrifying point of view. However, there are also differences. “The Tell-Tale Heart” is told in the first person perspective which creates compulsory picture of a mad murdered, whereas the third person perspective of “A Rose for Emily” shows Miss Emily through the eyes of others, which changes

Aristotle, an ancient Greek philosopher, believes that a tragedy is “that moment where the hero comes face to face with his true identity.” Since Aristotle’s time, writers utilized the main character that possesses a fatal flaw and portrayed how it sparks his or her tragic demise. Arthur Miller explains that a tragedy is when the consequences of a man’s total compulsion to evaluate himself justly. Throughout Death of a Salesman, Arthur Miller illustrates that Willy Loman is the epitome of a tragic

When faced with the question of what’s the proper role of a federal judge or even the role of the federal judiciary, many nominees to the exalted position of supreme court justices have answered in these words or along the lines of these same words, “To interpret and to apply the law.” While this reply is apt and shows that the nominee has a clear understanding of the limited role of the judiciary, it is also essential to note that the individual beliefs of the nominee can often time have a significant

In all areas of law reasonableness tends to play a fundamental role including reasonably foreseeability, the reasonable man, beyond reasonable doubt and reasonable force to name a few. The concept of reasonableness in public decision making is no different and has developed, expanded and retracted in various jurisdictions over the past century. In public decision making, reasonableness particularly relates to judicial review, and the actions, events or otherwise which lead a public body to arrive

CHAPTER FOUR CONCLUSION AND RECOMMENDATIONS 4.0 Introduction This chapter provides summary of conclusion and recommendations drawn from the study of legal aid models of Tanzania, Malawi and South Africa on the question on whether legal aid can be accessed in early stages of criminal justice process. Recommendation are general and others are specific to Tanzania, Malawi and South Africa. 4.1 Conclusion The study has sought to examine legal aid models of Tanzania, Malawi and South Africa in order

Albert Einstein once said, “I believe the most important mission of the state is to protect the individual and make it possible for him to develop into a creative personality.” This quote is truly applicable to the short film “La Luna”. Throughout “La Luna,” a young boy named Bambino experiences many difficulties and arguments with his father, Papȧ, and his grandfather, Nonno. Bambino is coaxed into following alongside his father and grandfather’s footsteps-- sweeping away the stars. However, towards

Chapter 3: Complementarity Section 1: Introduction The legal framework for complementarity as referenced in the Rome Statute is set out in art. 1, 17 and 20 of the Statute. The principle of complementarity in the Rome Statute is one of the highlights of the Statute as it regulates and addresses a very profound question that usually arises in situations where one judicial entity fulfils functions, that can be fulfilled or in actual fact fulfilled by another judicial entity. The question that arises

Identifying the jurisdictions of the courts of England and Wales will enable a conclusion to show that one way of classifying courts is as either 'courts of first instance' or 'appellate courts'. A court of 'first instance' is the first court to hear a case, typically applying law to fact. In some cases, permission to appeal to a higher court can be granted, courts hearing appeals are known as 'appellate courts'. Appellate courts consider issues of law, determining if they agree with the 'court of