The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon precedent contributes predictability to the law because it provides notice of what a person’s rights and obligations are in particular circumstances. A person contemplating an action has the ability to know beforehand the legal outcome. It also means that lawyers can give legal advice to clients based on settled rules of law. The use of precedent also stabilizes
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Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree‚ there are precedents for any
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PROJECT: Chicken Point Cabin LOCATON: Chicken Point‚ Idaho‚ U.S.A. OWNER: Unknown ARCHITECT: Olson Kundig Allen Architects CONSULTING ENGINEERS: Monte Clark Engineering CONTRACTOR: Doric Creager‚ MC Company‚ Spokane FUNCION: Residential Architecture PROJECT COMPLETION: 2002 The Chicken Point Cabin is Located in the North Western area of the states‚ Idaho. In Idaho the climates are similar to its neighbor state Washington where it is much cloudy and precipitates almost
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The doctrine of judicial precedent is at the heart of the Common Law system of rights and duties. Judicial precedent is concerned with the major of case law in the common law system‚ it had been described as the legal experience from lawyer’s term. The term of ‘precedent’ there is an implication that what was done before should be done again and which mean a good guide to follow and trying to solve a problem is to see what examples exist where this or similar problems have been tackled before.
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Human Rights Act 1998 has impacted on the judicial understanding of precedent Human rights are inalienable rights in which people are conferred with by birth. The state being the guardian of such rights have an absolute obligation to protect the human rights. Prior to the Human Rights Act 1998‚ a Uk citizen who had a grievance of a violation of a human right‚ had to complain to the Euoropean Court of Human rights in order to obtain redress. Comparatively‚ it can be said that by the enactment of
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PRECEDENT SETTING CASE CLN 4U0 The Queen v. Dudley and Stephens (1884)‚ 14 Q.B.D. 273 Court of Queen’s Bench‚ England Facts: Thomas Dudley‚ Edward Stephens‚ and the deceased‚ a boy between seventeen and eighteen years of age‚ were set adrift in a lifeboat during a storm on the high seas 1000 miles from the nearest land. They had neither food nor water to subsist upon. For twenty days‚ they managed to survive by catching and eating a turtle and drinking rain water caught in their oilskin
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Binding Precedent The English Legal System is hierarchical whereby the decision of a higher court binds lower courts. The doctrine of binding precedent‚ stare decisis‚ (stand by things decided) is at the core of the legal system. The Superior Court is at the top of the legal pyramid and its decisions bind all lower courts‚ except on civil cases involving European law where the European Court of Justice is the court of last resort. Below the Superior Court‚ we have the Court of Appeal‚ and it is
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Washington established precedents that would shape and define the future of the Executive Branch. His precedents defined the role of government and the image the people had of the presidency. In this essay I will discuss four precedents that I believe to be the most important and influential to the presidency of America. The first precedent I believe to be important is the organization of the Executive Branch. Washington relied on the advice of the department heads. This set the precedent of including the
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Conclusion As we did the research for Apple Company‚ we could found out that Apple Company is well developed in a way of their products and services towards the users. Apple had innovated their products and taking the lead of the other company like Nokia‚ Sony Ericsson‚ LG and so on by its own touch screen hand phone technology selling on market to be one of the most influential in the share market of the nationwide. As to be seen‚ Apple focuses its strength on building up their branding power
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University of Phoenix Material Introductions and Conclusions As you begin to write the rough draft of your paper‚ think critically about how you might draw your readers’ attention in a compelling way. Consider how to create a rapport with the audience. For example‚ what areas of agreement may already exist between you and your readers? What does your audience need to make them interested in your topic? Types of Introductions One way to draw in the audience is to grab readers’ attention
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