INTRODUCTION: The doctrine of precedent‚ or stare decisis‚ lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court
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in modern Ireland‚ two sub-categories always spring to mind. Firstly‚ the persuasive sources of law which do not always have to be followed. Contrasting with these are the binding sources of law‚ which are always enforceable. I will focus on and discuss the latter throughout this paper. I will compare and contrast the binding sources of law in the following categories; Common law‚ European law‚ Constitutional law‚ Legislation‚ Jurisprudence‚ Custom. “Sources of law are the legal origins of rules”
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The Truman Doctrine and the Development of American Foreign Policy during the Cold War On March 12‚ 1947‚ President Harry S. Truman defined United States foreign policy in the context of its new role as a world superpower. Many historians consider his speech to Congress as the words that officially started the Cold War. The Truman Doctrine was a major break from U.S. historical trends of isolationist foreign policy. His speech led to the Cold War policy of containment. Moreover‚ it served as a
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Foot Binding and Today Different + Similar Foot binding has made girls’ feet look nicer. It still made people’s’ life different and has changed the look of others. As well as somebody adjustments today‚ it can also change people’s identity and mood from changing. Foot binding is different and similar from today because some surgeries or makeups can change the way people feel and how the people act. First‚ plastic surgery is a little similar to foot binding because people are getting
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The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could
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In Ann-Marie Wilson’s work‚ two specific gender-exclusive practices are heavily detailed. Firstly‚ “Chinese foot binding (Chánzú) is an ancient tradition of forced deformity‚ passed generationally from mother to daughter.” Secondly‚ “Female genital mutilation (FGM)… is a painful and dangerous practice that alters the female genitalia.” The practices have been implemented throughout history‚ starting as early as 937 CE and “fifth-century BCE Egypt‚” respectively. This history of the practice does
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Employment-At-Will Doctrine Texas is an “employment-at-will” state. Generally‚ employees without a written employment contract can be fired for good cause‚ bad cause‚ or no cause at all. In an at-will situation‚ either the employer or employee may terminate the employment relationship at any time‚ with or without warning‚ and with or without cause‚ unless there is an existing agreement with express terms and conditions covering its termination.1 Of course‚ the employment-at-will doctrine is not without
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Precedent transactions analysis just like comparable analysis‚ uses a multiples-based approach to develop an implied valuation range for a given company‚ division‚ business‚ or of collection of assets. The main criteria of performing precedent transactions is the selection of an appropriate universe of comparable acquisition. Once an initial set of comparable acquisitions is selected‚ factors such as market conditions‚ deal dynamics‚ motivations‚ etc. are being examined. 1)Market conditions refer
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The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case
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1) The sources of legislation that are binding in Scots law are: European Union UK Parliament Scottish Parliament The European Union (EU) is economic and political union which is located in Europe in Brussels. It consists of 785 members representing the 492 million citizens of the 27 Member States of The European Union. Countries which join EU are Austria‚ Bulgaria‚ Belgium‚ Czech Republic‚ Greece‚ Hungary‚ Portugal‚ Cyprus‚ Estonia‚ Luxembourg‚ Denmark‚ Finland‚ Slovakia‚ France‚ Italy
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