BINDING PRECEDENT INTRODUCTION The doctrine of binding precedent means the process whereby judges follow previously decided cases where the facts are of 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
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I have expressed my views about the Pakistan Supreme Court and its need to maintain judicial self restraint in articles published in this newspaper and elsewhere. However‚ in view of the turmoil currently prevailing in Pakistan‚ a clear elaborate enunciation of the philosophy of judicial restraint is called for. In a recent statement‚ the Chief Justice has said that it is the Constitution‚ not Parliament‚ which is supreme in the country. There is no controversy about this legal position‚ and indeed
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construction work‚ although it may also be present in the film industry and other heavily regulated workforce areas. It is rarely used in service industries where specific types employee labor are not required. Productivity bargaining is a more specific type of collective bargaining that occurs when managers begin to draw up specific ways that the employer/employee relationship will be changed. The goal of management in this case is to increase the productivity of the workers without having to hire more
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growing America. The canals and roads set forth by Henry Clay’s American System where vastly improved and expanded by elongating and smoothing out the passage ways. The railroad system spider webbed out from more cities connecting people all across the continent. As the improvements spread‚ new immigrants flooded in from the old world looking for jobs. They looked to build and support their families in the steadily increasing American industrialism. They looked right away to the powerful transportation
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Sahleh Wafayee Judge Brent Carr Court Systems And Practices American Jury System The Court System is the most important of the criminal justice system because it finds whether a person is guilty or not guilty. The United States Court system has provided order and justice for the United States of America. The court system was made to make sure all citizens are receiving a fair trial despite gender‚ race‚ color‚ national origin‚ or religion. Each of the fifty states has its own state
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Judicial Activism Vs. Judicial Restraint The debate between Judicial Activism and Judicial Restraint really grabbed my attention. Judicial Activism and Judicial Restraint are two different ways to interpret the constitution and its laws. Both interpretations have their own strengths and weaknesses‚ which is why it is so hard to come to a final decision of which is acceptable and which is not (in most cases). While at the debate I didn’t realize how many cases have boiled down to these two concepts
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Danyal Hasnain Justice Fazal Karim Constitutional Law 11th December‚ 2014. Assignment # 3 Question 1(a) Judicial review is usually defined as the judicial power in action or the practical aspect of the rule of law. It is defined as a doctrine according to which courts are entitled‚ in the exercise of the ‘judicial power’ of the State. The power of judicial review entails the authority to examine and decide the question of the constitutional validity of any law‚ irrespective of whether it comes from
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to feel safe and understood in order to open and allow therapy to be a useful tool in growth‚ development and overcoming a particular issue that they may be facing. When providing psychotherapy for a teen one must examine the following; religious practices and belief of not only the parent of tat teen but how deeply involved that teen may be in that particular belief. How that teen identifies with him or herself spiritually‚ and does this identity benefit them as person. It is also important to realize
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PRECEDENT: Stare Decisis - Stand by the Decision The doctrine of judicial precedent is based on the principle of stare decisis‚ this means that like cases should be treated alike. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case “Donoghue v Stevenson (1932)‚ The House of Lords held that the manufacturer owed the duty of care to the ultimate consumer of the product. This set a binding
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In bargaining each State wants the most they can get without going to war and will push for the farthest limit‚ this creates what is called the bargaining range. The bargaining range shows what each State stands to win or lose from going to war or effectively bargaining. The range is a set of deals that each party prefers to the alternative outcome‚ in some cases meaning war. Any division within the bargaining range is better than what they stand to get from
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