DOCTRINE OF PRECEDENT - LAW MAKING POTENTIAL More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #1 THE JUDGES’ ROLE IN PRECEDENT The old view of the judges’ role was that they were merely ’declaring’ the existing law (the ’declaratory theory’). Lord Esher stated in Willis v Baddeley [1892] 2 QB 324: "There is ... no such thing as judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not
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INTRODUCTION An industry is a social world in miniature. Industries help in production and provide employment to the people of society. Different categories of human elements are involved in an industry. The relations of these groups inter se constitute the subject matter of industrial law. Industrial relations constitute one of the most delicate and complex problems of the modern industrial society. This phenomenon of a new complex industrial set-up is directly attributable to the emergence of
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Traditional and Nontraditional Litigation Paper I decided to take the opportunity to explain and discuss the legal issues between Quick Takes Video and Non-Linear Pro as presented in the Litigation and Alternative video. The background behind the legal issue in this video is that Non-Linear Pro is an organization that provides editing systems to their various clients. There was an oral agreement between the two managers of both organizations stating that Non-Linear Pro would provide video editing
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Judicial Precedent Judicial precedent is the process whereby judges follow previously decided cases where the facts or point of law are sufficiently similar. It involves the following principles: First‚ stare decisis‚ which means to stand by the decided‚ whereby lower courts are bound to apply the legal principles set down by superior courts in earlier cases and appellate courts follow their own previous decisions. For example: The High Court must follow decisions of the Court of Appeal
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Wage dispute‚ anxieties and tensions caused by world war 11‚ recent migrants and new kind of cultural contracts‚ new expectations‚ unemployment‚ rising prices‚ and falling wage and growing black consciousness the West Indian influence and racial tension. These are the factors that contribute to the unrest of the 1930s and 1940s. The West Indian influence caused a questioning of the social system in the Bahamas. At the early part of the 20th century hundreds of West Idian were brought in the Bahamas
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1988 Judicial Crisis In 1988‚on the ground of misconduct‚ Tun Salleh Abas by then Prime Minister Dr Mahathir Mohammad was brought before a tribunal and this tribunal was chaired by Tun Hamid Omar. Due to the constitutionality of the tribunal‚ Tun Salleh Abas filed a suit in the High Court of Kuala Lumpur and while proceeding‚ interim stay against the tribunal was applied by Tun Salleh Abas until July 4‚ 1988 but the request then denied. Later‚however‚ an interlocutory order was granted to Tun
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Judicial Precedent Judicial precedent means the decisions of the higher courts automatically binds the lower courts according to the hierarchy of the courts. This refers to the doctrine of stare decisis. For example‚ the Supreme Court decision binds the Court of Appeal‚ Divisional Courts‚ High Court and County Court. Ratio decidendi is the principle of the case or reasons for the decision and it is binding. In London Street Tramways v. London County Council‚ it said that certainty in the
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“The Catfish Dispute” The United States is a leader in the Vietnamese catfish industry and‚ in 2001‚ produced 597 million pounds of catfish. Catfish is a particularly popular dish in the southern states of the United States and produced domestically in Mississippi‚ Arkansas‚ and Louisiana in man-made freshwater ponds. Although the U.S. is clearly one of the top producers in the market‚ Vietnamese catfish importers have been causing problems for the United States’ domestic catfish industry. Vietnamese
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Conflict Resolution Strategies and there Benefit in the Workplace Jessica Galloway Liberty University Abstract Summarize my research into recent issues with workplace violence and how conflict resolution strategies can aid in preventing violent behavior in the workplace. Conflict is defined as the mental struggles resulting from incompatible or opposing needs‚ drives‚ wishes or external or internal demands. If this conflict is left unnoticed people might take actions that they would not
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2003 edition. 2. Sathe‚ S.P.‚ Judicial Activism in India: Transgressing Borders and Enforcing Limits‚ Oxford University Press‚ 2005 edition. 3. Bag‚ R.K.‚ “Judicial Activism vis-à-vis Public Administration”‚ Administrator‚ Vol. XLII‚ April-June‚ p.167. 4. Bhattacharjee‚ G.R.‚ “Judicial Activism: Its Message for Administrators”‚ The Administrator; Vol. XLII‚ April-June 1997‚ p.31. 5. Bhattacharyya‚ R.‚ “Judicial Activism: The Motive Force of Public Administration”‚ Administrator‚ Vol. XLII
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