without any contractual agreements. Here‚ it can be said that prima facie‚ the doctrine of stare decisis was not closely followed and new precedencies were made‚ moving on with the new times. As summarised by Lord Wright‚ "... a rigid method of precedent is inappropriate to the construction of a constitution‚ which has to be applied to changing conditions of national life and public policy. An application of words which might be reasonable and just at one time‚ might be wrong and mischievous at another
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INTRODUCTION: Stare decisis is a legal principle by which judges are obliged to respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "whatever has been decided must stand". In a legal context‚ it means that courts should generally abide by precedent and not disturb settled matters. However‚ this doctrine has been overruled by courts in some cases. International trade laws have not always
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Question 1 Read the following scenario and answer the questions that follow: The Kruger’s moved into the neighborhood where the Mothibes and the Van der Merwes live. Both families welcomed the Krugers and invited them for a braai. Daan Kruger is a Panel-beater and his wife Sarah is a teacher. Little did the Mothibes and the Van der Merwes know that Daan planned to run his panel-beating business from home in future. And then the noise started! Daan did not listen to the complaints
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to try to achieve something great and produce a positive externality on the community they belong to. The young have an optimistic approach and bear the negative consequences and situations smiling‚ knowing that the darkest moment of the night is precedent to the sunrise. Surely‚ the young (in age) too often waste their youth in cheap activities. But also the contrary holds: adults often waste opportunities considering being young (in age terms) as a necessary requirement to succeed. Both parties
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Case Report Worksheet Case name including citation? Fisher V Bell [1961] 1 QB 394‚ [1960] 3 WLR 919‚ [1960] 3 All ER 731‚ HKSAR V Chow Kwong Chun (unrep.‚ HCMA No 836 of 2001) and HKSAR V Wan Hon Sik [2001] 3 HKLRD 283 were cited in the judgeme Is it a civil case or criminal case? It is a criminal case as Yu Wai Chuen was charged by HKSAR. Who are the parties? The plaintiff (prosecutor) was HKSAR and defendant was Yu Wai Chuen. This was an appeal by Yu Wai Chuen against HKSAR (respondent).
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Requirement 1: The definition of precedent is an earlier event or action that is regarded as an example or guide to be considered in subsequent or similar circumstances. Requirement 2: Case 1: Mahe v. Alberta Summary: The Mahe v. Alberta case is on the concept of language rights. The ruling is notable‚ as the court established that section 23 of the Canadian Charter of Rights and Freedoms guarantees minority language education rights to French-speaking communities outside Quebec. The argument
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Question 1 a) The legal fiction upon which Australia was founded refers to the British doctrine‚ “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded‚ even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the
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and adopted by the Australian legal system. • It is law developed through the courts. It is also known as judge-made law and case law. • It can only be created when a case is brought to the courts. • It develops through the doctrine of precedent where the reasons for decisions of courts are followed by future courts. COURTS MAKE LAW BY: • Deciding on a new issue that is brought before them or when a previous principle of law requires expansion to apply to a new situation. • Statutory
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Organizational culture is a system of shared meaning and beliefs held by organizational members that determines‚ in large degree‚ how employees act. In every organization‚ there are values‚ symbols‚ rituals‚ myths and practices that have evolved over time. These shared values and experiences determine‚ in large degree‚ what employees perceive and how they respond to their world. There are seven dimensions that capture the essence of an organization. Singapore airlines focus mainly on people orientation
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Mr. Sample will counter a few of these arguments with his own interpretation of the factors along with other relevant factors regarding the idea that Kary is an independent contractor instead. Sample will argue for the factor of “the extent of any training provided by the employer.” (Id. at 710‚ 845 P.2d at 706). He will argue this factor because there is not any proper training that is really provided by him. All he does is explain the rules to new hires and provide a list of suggestions that may
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