A CRITICAL ANALYSIS OF THE DOCTRINE OF LEGAL PRECEDENTS ADITI GHOSH 2ND Yr. LL.B. (HONS.) INTELLECTUAL PROPERTY LAW RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW IIT KHARAGPUR 15 August 2011 Table of Contents INTRODUCTION 1 WHAT IS MEANT BY A PRECEDENT? 2 TYPES OF PRECEDENTS 2 Original precedent 2 Authoritative or Binding precedent 2 Persuasive precedent 3 THE DOCTRINE OF STARE DECISIS? 3 HOW RELEVANT IS THE IDEA OF JUDICIAL PRECEDENTS? 6 WHAT IS THE BINDING ELEMENT OF A CASE? 7 WHY
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James Culppeper Analysis Paper II Family and the Church versus false doctrine 11/23/2014 In recent years‚ many of those who are trying to diminish or destroy the organization of family have been overly active. In a recent news article from BBC‚ the highest-ranking priest from the Catholic Church has made some pretty controversial statements about homosexuality‚ and urges his cardinals to develop an acceptable view in regard of homosexuality. Since the early
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The Doctrine of Double Effect states that it is a morally relevant difference between those bad consequences we aim and intend to bring about‚ and those that we do not intend but still foresee as a likely outcome of our actions. Under certain circumstances‚ it is morally acceptable to risk certain outcomes that would not be acceptable to intend. Though it is always wrong to kill innocents deliberately‚ this doctrine says‚ it is sometimes permissible to allow certain actions to occur understanding
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the characteristics of the region but‚ while the European nations tended to control the colonies directly‚ the American foreign policies tended to follow the Monroe doctrine. The ultimate purpose was (and still is) ensuring the “open door”. In Harry Collings’ Misinterpreting the Monroe Doctrine‚ Collings explains that the Monroe Doctrine was truly believed by American people. Their foreign policy was based on the attempt to keep the trades open and favor free competition. To establish their commercial
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young settlements in the new world. The war of 1812 and events surrounding reminded everyone of this. In response‚ President James Monroe of America wrote the Monroe Doctrine‚ forever changing the country’s foreign policy and created separate domains of American and European influence. Two of the main influences of the Monroe Doctrine were the Napoleonic Wars and The Holy Alliance. Back in Europe‚ Spain’s internal political governing structure had overthrown Bourbon rule for republicanism after the
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The Bush Doctrine and Just War Theory (words count 269) Is the Bush doctrine one of preemption or prevention? Why is this distinction important? The bush doctrine is more prevention than preemption. His speech was more about prevention. He made a statement that we must prevent terrorisms and regimes weapons from threatening the United States and the world. He claimed that we can’t sit back and wait for them to attack us again. We must not wait and give them the chance to take us down. We should
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Voting Shares or members 1. TWO-THIRDS (2/3) of outstanding capital stock or (2/3) of the members entitled to vote Section 28. Removal of directors or trustees. – “Any director or trustee may be removed from office by a vote of stockholders holding or representing at least two-thirds (2/3) of the outstanding capital stock or if the corporation be a non-stock corporation‚ by a vote of at least two-thirds (2/3) of the members entitled to vote. “ Section 32. Dealings of directors‚ trustees or officers
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The respondeat superior doctrine makes employers directly liable for harm caused by their employees as long as they are acting within an official capacity. These actions must be within their scope of employment‚ relate to their work and take place during working hours and in the area they work (Walsh‚ 2014) The narrow issue is whether or not Mr. Mellon legally responsible for Mr. Bundy’s actions under the doctrine. Betty would be required to prove that Mr. Bundy was acting in the scope of his duties
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In the beginning of 1948‚ George Marshall‚ the United States’ Secretary of State‚ played off the idea of the Truman Doctrine. The Truman Doctrine was conceptualized during the previous year by the President of the United States‚ Harry S. Truman‚ and from this idea‚ George Marshall created the Marshall Plan. This was a successful act that aided the war torn countries in Europe. The
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MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains‚ in the west central portion of Owyhee County‚ south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road.
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