Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree‚ there are precedents for
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Question 1: Explain the different sources of Law in England. The legal system in the UK has expanded over many centuries and has also changed regularly during this period. The present UK law consists of four major sources that include the Interpretation of Statues (Acts of Parliament)‚ Common Law‚ European law and European Court of Human Rights. ‘These sources of Law have all one common element‚ influenced by political‚ social and technological change.’ (Open University‚ Block 1‚ Pg 89)
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Cases in Canadian Law Dehghani v. Canada: The appellant‚ a citizen of Iran‚ arrived in Canada on May 13‚ 1989‚ and claimed refugee status. After being questioned in the primary examination line‚ he was referred to a secondary examination‚ which involved a long wait‚ and‚ as he did not speak English‚ an interpreter was provided for him. At the secondary interview‚ the appellant omitted significant facts. This case involves two issues that are worthy of analysis‚ as he claims‚ first of all‚ that
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BROKAW v. WINFIELD MT UNION COMMUNITY SCHOOL DISTRICT BUSINESS LAW 211 A tort is a civil wrong or injury other than breach of contract. A court will provide a solution or action for damages. Sometimes an individual may commit what is considered an assault. A situation involved this athletic event where the tort occurred during the course of play before the whistle has blown. This behavior may result in a penalty and a suspension‚ but it is not compensable by means of the civil liability way
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This case is a perfect illustration of the importance of having clear and concise and up to date policies and procedures. It is cases like this that show the benefits of being accredited and helps to bring understand to the very reason the Commission on Accreditation for Law Enforcement Agencies standards were developed (CALEA‚ n.d.). This case had several areas of concern‚ many of which could have been avoided by having a policy like we have been speaking about. One of the first issues is the practice
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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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“Law on the books is found in constitutions‚ laws enacted by legislative bodies‚ regulations issued by administrative agencies‚ and cases decided by courts‚ little doubt exists that decisions by the U.S Supreme court have far-reaching ramifications” (Neubauer & Fradella‚ 2014). On the other hand “The law in action perspective stresses the importance of discretion. At virtually every step of the process‚ a choice has to be made whether to move the case to the next step or stop it now. These decisions
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This essay will discuss the Case study by firstly identifying four elements of contract‚ then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise‚ this essay will evaluate the knowledge of common law and agency relationship. QUESTION 1 a) Four essential elements of a contract should be Offer‚ Acceptance‚ Intention to create legal relations and Consideration
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Page 1: Pinal and Maricopa Counties & Surrounding Areas‚ Criminal Law - http://www.lawofficetucsonaz.com/criminal_law.html If you’ve been charged with a crime in Tucson‚ AZ‚ you may want to know how you can minimize legal damage and avoid a criminal record. When you want to protect yourself and need legal representation‚ consider coming to the Law Office of Donielle Wright. I could analyze your criminal law case and help you understand your constitutional rights. Here to Defend You My goal is
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TO: Alexis Schlamberg FROM: RE: Natalie Attired Case DATE: November 19‚ 2013 Statement of the Facts Natalie Attired‚ 23‚ was fired from her position as a waitress at Biddy’s Teahouse for having a visible tattoo. The owner‚ Biddy Baker fired Miss Attired because she would not remove the tattoo and feared that an employee having a tattoo that was visible would upset her more “mature” patrons‚ which would affect profits. No documentation could be provided that showed a loss of profits
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