Part 1. Judicial Precedent “Stare decesis et non quieta movere” – roughly translated means “Stand by what has been decided and do not unsettle the established” - This is the main legal principle‚ which judges are obliged to follow the already set-up precedents‚ established by prior decisions. This means that a decision made in one case can be binding on all following cases under similar circumstances. The principle of stare decisis consists of two components. The first is the rule that a decision
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The American Legislative branch‚ or Congress‚ is one of the most‚ if not the most‚ key provisions established in the Constitution of the United States. The organization‚ powers‚ and limitations of the Congress can be found throughout the first Article of the United States Constitution. Congress is made up of two bodies‚ the House of Representatives‚ composed of 435 members‚ and the Senate‚ composed of 100 members. This bicameral legislature is established under Article 1‚ Section 1 of the Constitution
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Definition of judicial restraint‚ mention Marbury V Madison (1803). Set out argument strict constructionists argue that the SC should stick to the original intentions of the FF whilst loose constructionists argue that the SC must reinterpret the Constitution in order to move with the times and bring it up-to-date. Judicial restraint has an impact on many members of US society that are not protected under the original Constitution. Main- All decisions whether restrained or activist have huge political
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1. Branch History Tank designed in WWI by English Tank provided mobile protected fire power US Tank Corps COL Rockenbach‚ CAV Start-up challenges No US Tanks No Us Tank doctrine No trained personnel Reliance upon Allies Interwar Eras National Defense Act 1920 Basically Tanks will be used solely for infantry support Infantry Tank Plan Tank-infantry integration at small unit level Mobile‚ fire support Infantry mission enabler 1930-1931 Mechanized force was created 1931-1941 1st
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The independence of the judiciary was ensured by the act of settlement 1700‚ which transferred the power to sack judges from the crown to the parliament. Consequently‚ judges should theoretically make their decisions based purely on the logical deductions of precedent‚ uninfluenced by political or career considerations. The eighteenth century legal commentator‚ William Blackstone‚ introduced the declaratory theory of law‚ stating that judges do not make law‚ but merely‚ by the rules of precedence
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Judicial precedent is based upon the Latin maxim "stare decisis" which loosely translates into "stand by what has been decided and do not unsettle the established". Judicial precedent is the source of law where past decisions of the judges create law for future judges to follow‚ this law can be found in judgement that is binding. Ratio Decidendi is the part of the judgement that is binding. In the English legal system‚ higher courts bind lower courts so lower courts have to follow the past decisions
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government‚ there are three branches: The Legislative‚ Executive‚ and Judicial. The Legislative Branch consists of the House of Representatives and the Senate‚ which forms the United States Congress. The Executive Branch is basically just the President and the Vice President heading over the armed forces‚ coming up with and enforcing laws written by Congress‚ and the Vice President assumes the Presidency if needed. The Judicial Branch is appointed by the President and confirmed by the Senate; Congress
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Contracts Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class‚ I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach
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| Breach of Contract in the Business World | | | | | | | Table of Contents Executive Summary iii I. Introduction 1 II. Breach of Contract 1 III. Immaterial Breach of Contract 1 IV. Material Breach of Contract 2 V. Remedies 3 VI. Remedies at Law 3 VII. Remedies in Equity 5 VIII. Summary 6 IX. Bibliography 8 Executive Summary This paper discusses the legal concept of a breach of contract and the options a business has in pursuing a breach of contract
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I. Introduction- Drugs are considered to be a modern day issue. However‚ if we look to the archeological records‚ we would find that our ancestors used drugs such as‚ alcohol‚ opium‚ cocoa‚ magic mushrooms among others for both medical and spiritual purposes. Throughout the years many policies have been created in order to minimize the use of drugs. For example‚ the first anti-opium laws were directed at the Chinese immigrants in the 1870’s. In the 1900’s‚ an anti-cocaine laws were directed in the
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