Judicial Precedent is another important source of law‚ it is an independent source of law‚ where there are no legislations on the particular point in statute Books‚ and Judicial Precedent works great. Judicial precedent has been accepted as one of the important sources of law in most of the legal systems. It is also a continuous‚ growing source of law. According to Salmond‚ the doctrine of precedent has two meanings‚ namely (1) in a loose sense precedent includes merely reported case-law which may
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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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under a Constitution‚ but the Constitution is what the judges say it is”. (Hughes) Judicial activism and judicial restraint are the philosophy and the reason behind the majority of judicial decisions. Most people are often confused over the true meaning and their proper applications. The theory of judgment that takes into account the spirit of laws and the changing times is referred to as judicial activism‚ and judicial restraint looks at strict interpretation of the law and the importance of legal
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ARTICLE VIII JUDICIAL DEPARTMENT Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable‚ and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Section
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with the stream‚ but only a living thing can go against it.” G.K Chesterton Activism and protests are important to a government‚ even more to a democracy‚ to help make a change‚ in some circumstances‚ which would not have had light shined on them otherwise. Without such demonstrations‚ we may still have segregation between the races and unequal rights between genders. Generally‚ most people have the wrong idea about activism and protests. Undoubtedly there are “hippies” and “flower children” that protest
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Character Essay Introduction: The Hunger Games is told a book written by Suzanne Collins. The novel aimed at adolescents is of the dystopian genre. The story is told by Katniss Everdeen (main character) in the present tense. There is ongoing bias in the novel‚ as we see things from Katniss’ point of view. In the book there is a variety of different characters; one of these will be the subject of this essay: Haymitch Abernathy. I will explain how Collins represents him. Description of Haymitch:
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of the United States of America in the white house. The president is in charge of enforcing laws‚ commander in chief of army forces‚ makes foreign teddies‚ propose the law and appoint for the supreme court justice and federal court of Judges. The Judicial Branch is represented by the member of the supreme court. Those are the one in charge of review lower court decision‚ decides the constitutionality of laws and decides cases involving the dispute between
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He escaped and then died. Malala is brave and a symbol of hope. Iqbal is strong and smart. First of all‚ teen activism is a gift given to certain that can change the world by just an idea.
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Judicial notice is a rule in the law of evidence that allows a fact to be introduced into evidence if the truth of that fact is so well known or established that it cannot be refuted. This is done upon the request of the party seeking to have the fact at issue determined by the court. Matters admitted under judicial notice are accepted without being formally introduced by a witness or any other rule of evidence‚ and even if one party wishes to lead evidence to the contrary. In India the concept
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Judicial Discretion Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States‚ judicial discretion is one of the fundamental tenants of the system of law‚ and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion‚ although their discretion is not unlimited. This study focuses on a series of legal‚ extralegal‚ and systemic variables presumed to affect the workings of criminal-justice
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