generally abide by precedent and not disturb settled matters. However‚ this doctrine has been overruled by courts in some cases. International trade laws have not always followed prevous decisions and thus might produce inconsistent decisions. Basically this legal principle states that once a law has been determined by the appellate court to be relevant to the facts of the case‚ future cases will follow the same principle of law if they involve considerably identical facts. The principle of stare decisis
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In “On Christian Doctrine”‚ St. Augustine‚ explains how there is a difference between discovering and teaching. He also provides his readers with rules he thinks will help them understand the Scripture. He also explains to them the two main qualities speakers need‚ in order to share the Scriptures‚ with other people they might meet. St. Augustine even claims that he has divine inspiration. This is why he thinks people should use his rules to interpret the Scripture. He‚ at some points‚ seems arrogant
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punishment as stated in the constitution There are many variations between the prison systems. The United States approaches the prisoners in a different way; the courts decide how long their sentence will be according to the three-strike law. The three-strike law is based on the number of times someone has been charged for a crime. Prisoners that have been committed with three charges are then moved in to an ADX prison. ADX prison is the highest security prison in America. There is a high percentage
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(Case- study ) | May 30 2013 | Commercial applications of company law CONTENTS 1. INTRODUCTION ................................................................................ 2 2. ISSUES …………………………..................
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DOCTRINE OF PRECEDENT AND STARE DECISIS What do you understand by precedent in the English legal system? It is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. What are the advantages and disadvantages of having a legal system based upon the doctrine of precedent instead of having a legal system based upon codified law? Advantages 1. Provides certainty in law. 2. Judges have clear
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is a mere appendage of Eastfield Ltd. This being the case‚ it is necessary to examine the exact relationship between Capital Pty Ltd and Eastfield Ltd and determine the likelihood of the courts lifting the corporate veil. Separate Entity Salomon v Salomon & Co established the key principle that an “incorporated company is a separate legal entity from its founder‚ shareholders and directors”. To further this point‚ the Albazero case provided authority within a group of companies‚ whereby
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State of Utah v. Travis Dee Timmermann FACTS: In the early morning of June 30‚ 2007‚ the Timmeran’s neighbor heard a woman screaming “stop it!” and “help me!” Around 7:00 am‚ the neighbor notified the police. Officer Mclelland asked Mrs. Timmeran to fill out a witness statement. In her three page statement‚ Mrs. Timmeran wrote that Mr. Timmeran repeatedly to hit her and force her to have intercourse. Another police officer asked her to submit to a sexual assault examination at the hospital. At
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• CASE #1: SECOND DIVISION G.R. No. 175366 : August 11‚ 2008 J-PHIL MARINE‚ INC. and/or JESUS CANDAVA and NORMAN SHIPPING SERVICES‚ petitioners‚ v. NATIONAL LABOR RELATIONS COMMISSION and WARLITO E. DUMALAOG‚ Respondents. D E C I S I O N CARPIO MORALES‚ J.: Warlito E. Dumalaog (respondent)‚ who served as cook aboard vessels plying overseas‚ filed on March 4‚ 2002 before the National Labor Relations Commission (NLRC) a pro-forma complaint1 against petitioners
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Diff between registers & diffs re remedies when ? on title. re old Sasines & new/now Land Register – neatly illustrated by Short’s Trustee’s case; Registers Problems with Sasines System (Set up in 1617). Identification Conditions of tenure Heritable Securities Proof of Ownership Previously (old/Sasines system) if there was a flaw in title could only be cured after 10 yrs of recording the disposition. In new land reg system any vulnerability in title is cured. As if The Keeper of the
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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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