P6: Binding Precedent: A precedent from an earlier case that must be followed even if the later judge doesn’t agree. When a higher court makes a decision‚ it is a binding that all courts who are lower. R V DUDELY and Stevens (1884): The two shipwrecked men kill and ate the cabin boy‚ later both men were convicted to murder. The ratio Decidendi: The ratio Decidendi is binding on lower courts and stands in contrast to obiter dicta. The court gave three reasons for refusing a defence of necessity
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on one of the most fundamental aspects of any legal system and that is‚ all like cases must be treated alike. It involves the application of the principle of stare decisis i.e to stand by the decided. The doctrine of judicial precedent has always played a pre-eminent role in English law‚ and it is there to ensure some degree of certainty in law. The American Judge‚ Oliver Wendell Holmes Jr. once said “The life of law has not been logic‚ it has been experience.” Miles Kighton put it rather more cynically
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Question : | Teddy’s Supplies’ CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy’s case that impact liability. Include your opinion of the "worst case" of damages the company may have to pay to Virginia. | | | Student Answer:
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Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal
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pay attention to judicial precedent and assess whether the case that the appellants wish to use may be binding on the Court of Appeal. This case study will investigate how certain rules or aids in statutory interpretation can affect the decision of an appeal in court due to the different circumstances involved in a case. There will be three main cases that will be discussed in order to gain an insight into how different rules used in law; such as the mischief rule‚ literal rule and golden rule can
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chart‚ fill in the appropriate information |Term |Define | | |Cases can be heard only in the federal courts. | |Exclusive Jurisdiction | | |
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confidential client information in the event that the counselor has reason to believe that a third party may be harmed (Herlihy and Sheeley‚ 1988). The legal precedent for establishing a duty to warn and a duty to protect was set in the wrongful death case of Tatiana Tarasoff. This paper will discuss the ethical and legal duties of therapist to warn third parties of violent threats made by a patient. Taking Action: A Ethical and Legal Duty to Warn and Protect Third Parties
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October 26‚ 2011 Phil 383/ Dr. A. Silvers Midterm Paper When considering the moral issues of both cases of Roosevelt Dawson and the ten hour old baby‚ there are a few concerns that should be reflected upon. In Dawson’s case‚ he has lived for twenty-one years and the use of his limbs has been dramatically taken from him. His quality of life can be seen as a moral issue because he would have to relearn how to function without limbs. This could take place outside of the hospital setting and in an
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The case that we are observing took place in the United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285‚ White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton‚ and Mr. Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern‚ as well as‚ Jackson Welch and Amanda Babot who represent the plaintiff Debbie White. They are a group of four very impressive first year law students. The case is based
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CLAW3201 Case Analysis Introduction In Crown Insurance Services Ltd v Commissioner of Taxation (Crown)‚ the issues raised are pertinent to the residence and source of the company under s6(1) of the Income Tax Assessment Act 1936. As cases are determined on the basis of all relevant facts and circumstances of each case‚ this analysis will focus on how the court’s decision process determined whether Crown had carried on business in the years 2004-2007 inclusive and the existence of central management
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