Doctrine of Judicial Binding Precedent This question raises the issue of the role of precedent. In order to examine the statement‚ scrutiny of the doctrine of the judicial precedent is required. Case law is used to describe the collection of reported decisions of the courts‚ and the principles which stem from them. Lord Macmillan made this observation that the case by case development is superior to those based on hypothetical models. “.....any fixed theory and that principles always fail because
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Unit 5.5: The Separate Entity Doctrine “It is a basic doctrine of company law: that for certain purposes a company is a legal entity separate from the legal persons who became associated for its formation or who are now its members and directors. For certain purposes‚ there is a corporate screen around the members and directors. This is often referred as to the ‘Veil of Incorporation.’ The authority for that proposition is the leading case of Salomon v Salomon & Co Ltd [1897] AC 22. The
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gaining power and the Fascist belief in absolute control by one supreme leader. After World War I‚ Italy was upset that they didn’t get the land they were promised and Germany was angered by the reparations that they faced. In Benito Mussolini’s The Doctrine of Fascism he wrote‚ “The Italian people will rise again to create a new Roman Empire‚ and once again the Italian people will lead the world.” Hitler hoped to develop an Aryan racial state that would dominate Europe and the rest of the world (Spielvogel
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and disadvantages of the doctrine of precedent and how judges may make new law. Include 1 case where judges have made new law. The doctrine of precedent is an important feature of judge-made law (common law). This doctrine means that similar disputes should be decided by reference to the same legal principles‚ and that lower courts are bound to follow the decisions of higher courts within the same court hierarchy. There are both advantages and disadvantages of the doctrine of precedent and the way
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Doctrines and Principles in Remedial Law Doctrine of non-interference or doctrine of judicial stability Courts of equal and coordinate jurisdiction cannot interfere with each other‘s orders. Thus‚ the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by another RTC. The principle also bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review. This doctrine applies with
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Since the 1820s‚ the Monroe Doctrine has been the foundation of the U.S. policy toward Latin America. However‚ it has been interpreted many different ways. Some U.S. presidents have broadly interpreted it‚ expanding its meaning. Others have taken it to mean only what it states. In a speech to Congress in 1823‚ President James Monroe issued a new policy concerning the threat of European intervention to inhibit American sovereignty. This came to be known as the Monroe Doctrine‚ which became the cornerstone
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The Monroe Doctrine can be considered as the United States first major declaration to the world as a fairly new nation. The Monroe Doctrine was a statement of United States policy on the activity and rights of powers in the Western Hemisphere during the early to mid 1800?s. It was expressed during President Monroe ’s seventh annual message to Congress on December 2nd 1823. The Monroe Doctrine deterred European imperialist powers from encroaching upon the boundaries of the United States and established
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Doctrine of Satan Why study the doctrine of Satan? Simply we need to know our enemy. The best team in sports always know their opponents strengths and weaknesses just as good as theirs. Revelation 12‚ Isaiah 14 and Ezekiel 28 Vs. 1-5: is Satan’s Past history. And vs. 7-17 is Satan’s Future Failures! Who is Satan?? - Satan is “an angel created by God‚ who served God‚ until he rebelled against God‚ and now he opposes God in every way.” - Again let me be clear‚ Satan is not
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Presidential doctrines are essentially set as a precedent for the country to follow. Doctrines are statements made to get a specific message across and are usually reserved for times of intense international and political crisis or upheaval. The Truman Doctrine‚ for example‚ stated that the United States should give support to countries threatened by Soviet forces or communist sedition; whereas the Bush Doctrine was directed towards terrorism. Both doctrines‚ however‚ served as a prototype for future
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Assignment 1: Employment-At-Will Doctrine LaToiya Beidleman Professor Augustine Weekley LEG 500 February 1‚ 2014 Assignment 1: Employment-At-Will Doctrine In the late Nineteenth century‚ the majority of the United States implemented the employment-at-will policy. This common law was established to provide equal rights to the employee and the employer when it comes to terminating a position without prior notice. In many cases‚ employees are not hired based on contracts which give
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