Stare decisis is one of the most important doctrines in common law. It is the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty‚ consistency‚ and stability in the administration of justice.1 More specifically‚ it has been defined as "to stand by decided cases; to uphold precedents; to maintain former adjudications."2 In Latin‚ the term translates to "to stand by that which is decided." As practiced in the United States‚ the rule of stare decisis
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Jury Nullification occurs when a jury returns a verdict against the proof of guilt because the jurors believe the law to be unjust or unjustly applied. As a result‚ the defendant is declared innocent‚ or is given a lesser penalty‚ even though without an act of jury nullification they would have been found guilty. This is a source of much debate in today’s society. Some maintain that it is an important safeguard or last resort against wrongful punishment and imprisonment; while others often view
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In a perfect world. You’re unhappy. Chances are if you’re reading this you’re unhappy about something. That’s just how the world is today. People seem to always be upset about something even if it’s small your life has some conflict in it‚ or so it seems. Everyone you meet has some “Skelton in their closet.” People today seem to forget to stop and smell the roses. Sometimes its uncontrollable things like depression and psychological problems they can’t control and is that really fair? In a perfect
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the man because of his good intentions but the judge at trial clearly stated “retire to the jury room to consider what I have said‚ appoint one of yourselves to be your foreperson‚ and then to return to the court with a verdict of guilty.” The judge at trial directed the jury to follow his instructions and to accept the verdict. Justice
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Pakistani government implemented a judicial reform that cost $350 million or 0.1% of Pakistan ’s 2002 GDP. This reform did not involve increased incentives for judges to improve efficiency but merely provided them with more training. Nonetheless‚ the reform had dramatic effects on judicial efficiency and consequently on entrepreneurship: judges disposed of a quarter more cases and entry rate of new firms increased by half due to the reform. Using data from the World Bank Group Entrepreneurship Database
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of magistrates and jurors. Lay members (Magistrates) have legal advisers within points of law and live locally as they have to live close so that they know the area well. Also it is cheaper to send cases to lay magistrates than using professional judges because they are cheaper and do their work voluntarily. Many magistrates are from a good gender balance; this can benefit them because they are able to understand males and females. Lay magistrates are not legally qualified which doesn’t aid them
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subparagraph (iii) has not been complied with no set down will be made and such cases will have to be set down afresh for the next term‚ following the procedure set out above; (vi) Up to three Judges will be assigned to hear and try civil cases each week and a pre-trial hearing will be held with the presiding Judges on Monday at 14h15; (d) No date for the hearing of any opposed action or application (except an urgent application) shall be granted by the Registrar to any legal practitioner acting for
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“Equal justice under the law is not merely a caption on the façade of the Supreme Court building; it is perhaps the most inspiring idea of our society. It is one of the ends for which our entire legal system existed. It is fundamental that justice should be the same‚ in substance and availability‚ without regard to economic status.” INTRODUCTION For the past few years corruption has been the headline topic in Zambia. There has been a major cry from the general public that the country is full of
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actually decide the case because that is your role. Don’t be influenced by what you think our personal opinions are‚ rather‚ you decide the case based upon the law explained in these instructions‚ and the evidence presented in court. You are the sole judges of the credibility of the witnesses‚ and the weight to be given their testimony. You should take into consideration their means of knowledge‚ strength of memory‚ and opportunities for observation. The reasonableness or unreasonableness of their
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Difference between Law and Rules: In NZ‚ for a rule to be law it must have been made 1. By parliament in the form of an Act (statute). 2. Under authority delegated or conferred by an Act of the NZ parliament (regulation or a bylaw). 3. By a judge in a NZ court in the course of deciding a case. Law and Morals or Ethics: e.g. A law is passed that declares persons who have blue eyes to be sub-human and enemies of the state and requires all citizens to report the presence of such people to authorises
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