A CRITICAL ANALYSIS OF THE DOCTRINE OF LEGAL PRECEDENTS ADITI GHOSH 2ND Yr. LL.B. (HONS.) INTELLECTUAL PROPERTY LAW RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW IIT KHARAGPUR 15 August 2011 Table of Contents INTRODUCTION 1 WHAT IS MEANT BY A PRECEDENT? 2 TYPES OF PRECEDENTS 2 Original precedent 2 Authoritative or Binding precedent 2 Persuasive precedent 3 THE DOCTRINE OF STARE DECISIS? 3 HOW RELEVANT IS THE IDEA OF JUDICIAL PRECEDENTS? 6 WHAT IS THE BINDING ELEMENT OF A CASE? 7 WHY
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Islam and democracy are two completely different subjects. As a religion‚ Islam has laws and rules that bind its believers as the Shari’a. Meanwhile‚ democracy is a political system that also has very different rules of the game to Islamic law. But‚ that does not mean the two have no intersection. As a religion rahmatan lil alamin‚ Islam has the goal to provide salvation to all mankind. Accentuate a sense of humanity and put forward a harmonious life. As cited in the surat al-Hujurat:13‚ that man
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The codification of the Criminal Code has marked a watershed on Australian legal jurisprudence. In this essay I will discuss the problems that may occur when interpreting the Criminal Code (The Code)‚ the creation of uniformity and the also accessibility that the Code creates. The Criminal Code WA is a piece of legislation that has been passed by parliament the states that have enacted this legislation are referred to as Code jurisdictions‚ and the states that have not are known as Common Law jurisdictions
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Dissertation Title Examining the Effectiveness of the ICSID (International Centre for Settlement in Investment disputes): comme ci comme ça? Internal Mentor : Mr.Sujith.P.Surendran Asst.Professor UPES Industry Mentor: Ms.Anuradha R.V Partner‚Clarus Law Associates Submitted By: A.K.Shivsulabh. Nambiar BBA.LL.B (Hons.) With Specialization in Corporate Laws‚ Semester IX‚ 5th Year 2009 - 2014 Batch College of Legal Studies University of Petroleum & Energy Studies (UPES)‚ Dehradun
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Bibliography: * Jurisprudence………………………………….. Dias. * Jurisprudence…………………………………..Salmond. * Human Law and Human Justice…………….…Julius Stone. * Jurisprudence and Legal Theory……………….V.D. Mahajan. * Understanding Jurisprudence…………………..Raymond Wacks. -------------------------------------------- [ 2 ]. Salmond on Jurispruedence‚ p.446 [ 3 ]. Holland on Jurisprudence‚ 13th edn. P.245
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Drugs and Alcohol 1 Introduction The connection between youth offending and drug and alcohol use cannot be denied. Drugs and alcohol are part of the personal stories of most young offenders in New Zealand. International criminological and drug literature supports the view that those young people who use illicit drugs are more likely to engage in criminal activity. 1 Further investigations show a clear link between the age at which a young a person first tries marijuana and the likelihood
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punishment jurisprudence‚ Coker signaled the Court’s commitment to employing a robust proportionality test for deciding when the death penalty would be an appropriate punishment. The Court would later use this same proportionality test to evaluate the propriety of the death penalty for felony murder (except for the actual killer)‚ mentally retarded offenders‚ juvenile offenders‚ and eventually all crimes except murder and crimes against the state. The Court’s proportionality jurisprudence is informed
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intersection between freedom of expression and other fundamental rights. It also explores the possibility to limit the parameters of freedom of expression and argues that such possibility is already foregrounded in the constitution. The emerging jurisprudence on freedom of expression in South Africa does not support the thesis that there is a need for a South African approach to freedom of expression. Hierdie artikel vergelyk vryheid van spraak in Suid-Afrika‚ Malawi‚ Zambië‚ Algerië‚ China‚ Japan‚
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DIOXENOS B. SULIT ATTY. CHRISTINA ARIAS-SUMILONG I-D LEGAL WRITING 3/31/07 REPUBLIC OF THE PHILIPPINES COURT OF APPEALS DIVISION II‚ CITY OF MANILA PEOPLE OF THE PHILIPPINES‚ Plaintif-Appellee‚ -versus- GA. G.R. No. 123456 PEDRO SARMIENTO Y TORDECILLA Accused-Appellant‚ x------------------------------------------x APPELLEE’S BRIEF SUBMITTED BY OFFICE
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Impact on ordinary folk: The number of appeals indicates beyond doubt that there has been an increase in appeals to the final court. This indicates that ordinary folk now have additional scope and opportunity to be heard and to obtain justice. An interesting trend is the fact that the number of civil cases filed‚ exceeds the combined total of criminal and constitutional cases. In other words‚ there are more cases filed in which the State is not a party than cases in which the State is. This is
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