In recent years judicial selection has become an issue of great debate with many different views and ways to make it better. In Texas‚ judicial selection is carried out by partisan elections where voters get to choose the judges and justices. This form of judicial selection has many advantages as well as some disadvantages. One advantage of judicial selection by election is that it gives the voters the power in the selection. This allows Texans to be sure that the selection process is kept “…out
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Question(A) JUDICIAL PRECEDENT Judicial Precedent is a decision of the court used as a source for future decision making. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The doctrine of judicial Precedent did not become fully established until the second half of the nineteenth century. In the Common law Courts in the United Kingdom the procedure was to apply the theory of the common law‚ which as simply
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Agency Conflict 2: Stockholders versus Creditors Conflict of interest can also arise between stockholders and creditors. Stockholders may take decisions that increase their return on debt which eventually leads to decrease in the value of the debt. Creditors also have a claim on the earnings and assets of the firm for the payment of interest and principal and in case of bankruptcy. Creditors are providers of long term debt of capital. They lend funds at rates that are based on; 1. The risk of
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Organizational Conflict – Constructive Collaboration SPCH 426 Conflict is a natural phenomenon where interaction between individuals or groups occurs. According to Scott (2000)‚ “They happen because people have different interests‚ goals‚ and priorities‚ or because resources are limited‚ or because there are communication problems‚ power struggles‚ mistaken perceptions and assumptions‚ and personality clashes” (p. XV). Even as a common occurrence‚ individuals generally view conflict as negative;
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CONFLICT RESOLUTION Submitted by: Shaddine Charlotte B. Benavidez Czarina Louisse C. Martinez Franz Ivy O. Talagon 3BPS February 22‚ 2013 I. Theme Conflict Resolution II. Objectives At the end of the activity‚ the participants are expected to: * To understand the meaning of Conflict Resolution and as to why it happens in different situations. * To comprehend how to handle conflicts properly. * To know the different styles of handling conflict. * To apply the
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canvas of judicial review‚ a potent weapon was forged by the Supreme Court by way of public interest litigation (PIL) also known as social action litigation. The Supreme Court has ruled that where judicial redress is sought in respect of a legal injury or a legal wrong suffered by persons‚ who by reason of their poverty or disability are unable to approach the court for enforcement of their fundamental rights‚ any member of the public‚ acting bona fide can maintain an action for judicial redress.
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Judicial precedent is the source of law where past decisions create law for judges to refer back to for guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere‚ more commonly referred to as ‘stare decisis’‚ meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions‚ which I will address when talking about the advantages and disadvantages of binding precedent. First
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SECTION 3. - ALTERNATIVE OBLIGATIONS An alternative obligation is one wherein various prestations are due but the performance of one of them is sufficient as determined by the choice‚ which‚ as a general rule‚ belongs to the debtor. Right of choice‚ as a rule‚ given to debtor. GENERAL RULE: The right to choose belongs to the debtor/ obligor Except: When the right has been expressly granted to the creditor Right of choice of debtor not absolute. LIMITATION ON THE DEBTOR’S CHOICE (1) The debtor
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Conflict Resolution The nature of a work team makes them vulnerable to conflicts and disagreements. Because people carry the weight of personal values‚ experiences and beliefs into the work team‚ there is always the possibility that conflict will arise. That is why recognizing the signs and source of conflict will help understand the role of conflict in the work team. Here is list of signs of conflicts that the work team should be aware of: 1. Anger‚ irritability‚ sarcasm 2. Without holding
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Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter dicta The difference between binding and persuasive precedent How law reports are used What is judicial precedent? ………………………………………………………………………………………………………………………………………………………………………………………………
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