sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis i.e.‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law. RATIO DECIDENDI AND OBITER DICTUM The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said
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Theories‚ Models‚ and Decision Making There are many theories‚ models‚ and principles in describing the ways that people make decisions. The expected utility theory is based on a normative theory of behavior. It describes how people would behave if they followed certain requirement of rational decision making (Plous‚ 1993‚ p. 80). Further studies showed that paradoxes such as framing effects violated the principles of expected utility theory which made researches turn to alternative models of
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Judicial activism is gaining prominence in the present days. In the form of Public Interest Litigation (PIL)‚ citizens are getting access to justice. Judiciary has become the centre of controversy‚ in the recent past‚ on account of the sudden (Me in the level of judicial intervention. The area of judicial intervention has been steadily expanding through the device of public interest litigation. The judiciary has shed its pro-status-quo approach and taken upon itself the duty to enforce the basic
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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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that there is nothing constant in this world except change. The only difference could be the speed at which the wheels of transformation may spin. The idea of justice and the manner of its implementation are no exception to this universal rule. Judicial reforms should‚ therefore‚ be at the centre stage in the fast transforming world in which we live. It is imperative for enhancing the quality of justice that is at the core of human existence and welfare of any society. It is simply the fundamental
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Decision Theory A Brief Introduction 1994-08-19 Minor revisions 2005-08-23 Sven Ove Hansson Department of Philosophy and the History of Technology Royal Institute of Technology (KTH) Stockholm 1 Contents Preface ..........................................................................................................4 1. What is decision theory? ..........................................................................5 1.1 Theoretical questions about decisions ......................
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Journal Entries 1 3 Examples of Foreshadowing in the First Chapter 1. If Snap had gone with us that night‚ as he wanted to‚ I should have never come into the peril of death‚ and this story would never have been told. (Page 15‚ Paragraph 2) 2. Nothing should have happened that night. (Page 16‚ Paragraph 3) 3. I never thought as I jumped the beck and went up to our house that it would be many a long day until I did see it again. (Page 24‚ Paragraph 2) 2 10 Elements (Chapters 67) that Suggest that Kit’s a Girl
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Judicial Precedent Judicial precedent means the decisions of the higher courts automatically binds the lower courts according to the hierarchy of the courts. This refers to the doctrine of stare decisis. For example‚ the Supreme Court decision binds the Court of Appeal‚ Divisional Courts‚ High Court and County Court. Ratio decidendi is the principle of the case or reasons for the decision and it is binding. In London Street Tramways v. London County Council‚ it said that certainty in the
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Judicial Activism vs. Judicial Self-Restraint There are many differences between Judicial Activism and Judicial Self Restraint. Judicial Activism is the process by which judges take an active role in the governing process and Judicial Self Restraint is that Judges should not read their own philosophies into the constitution. Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in help shaping the government policy
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The intuitive decision making theory can be described as the process of receiving input and ideas without knowing exactly how and where they came from. Intuitive decision making is far more than using common sense because it involves additional sensors to perceive and get aware of the information from outside. Sometimes it is referred to as gut feeling‚ sixth sense‚ inner sense‚ instinct‚ or inner voice. Information acquired through associated learning and stored in long-term memory is accessed
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