will explain the different ’levels’ there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and Ratio Decidendi? What is persuasive precedent and who uses it and how it is used? When is a judge bound? Can the Stare Decisis be avoided? And lastly: How has Stare Decisis handicapped the development of the English law? The hierarchy of the
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Logical Fallacies In an argumentative essay‚ the writer attempts to persuade the reader through the logic or rationality of her argument. If the writer’s essay is based on emotions or feelings‚ or if the rational thought is flawed (and therefore not rational)‚ the argument loses its strength. Below is a list of logical errors commonly made by students in argumentative essays: Hasty Generalization: Jumping to conclusions. All required university courses are boring. Solution: Avoid words like "everybody"
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Doctrine of Judicial Binding Precedent This question raises the issue of the role of precedent. In order to examine the statement‚ scrutiny of the doctrine of the judicial precedent is required. Case law is used to describe the collection of reported decisions of the courts‚ and the principles which stem from them. Lord Macmillan made this observation that the case by case development is superior to those based on hypothetical models. “.....any fixed theory and that principles always fail because
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Chapter 3: The Slippery Slope by Edward J.Tully Article Questions 1. Based on your observations of news event during the past 10 years‚ did Tully’s prediction that‚ “there will be an upward trend of corruption and abuse of power cases” occur? Explain your answer by describing at least three specific cases of corruption and/or abuse of power that have occurred since 2003 in your community or state. Former Alabama Governor Don Siegelman was convicted on
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disadvantages of the doctrine of precedent and how judges may make new law. Include 1 case where judges have made new law. The doctrine of precedent is an important feature of judge-made law (common law). This doctrine means that similar disputes should be decided by reference to the same legal principles‚ and that lower courts are bound to follow the decisions of higher courts within the same court hierarchy. There are both advantages and disadvantages of the doctrine of precedent and the way in which judges
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The doctrine of judicial precedent has been at the heart of the English legal system being a form of certainty for judges to follow long standing precedent which in fact‚ only slowly evolved and nurtured. Judicial precedent refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been
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The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could
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Kaplan University CJ340: Applied CJ Ethics Unit 4 Assignment August 26‚ 2013 Merriam-Webster’s dictionary defines “slippery slope” as a course of action that seems to lead inevitably to from one action or result to another unintended consequence (Merriem-Webster‚ 2013). The “slippery slope” can refer to almost every walk of live but here it is being applied to law enforcement and accepting gratuities. Here it is referring to police officers accepting what may seem to be harmless
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The logical fallacies that I have chosen to study in this paper are "Appeal to Emotion" Fallacy‚ "Common Belief" Fallacy‚ and the "Hypothesis Contrary to Fact" fallacy. In the following paragraphs I will be defining the fallacies and how they relate to critical thinking. I will also be providing a popular culture example for each fallacy to illustrate each fallacy. In conclusion I shall attempt to provide Pro ’s and Con ’s for each Fallacy. The first Fallacy I chose was the "Appeal to Emotion"
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Fallacy Summary and Application: Three Fallacies and Organizational Examples The concept of critical thinking can be a difficult task. The process involves analyzing an argument and determining whether it ’s fallacious or not. An argument is fallacious when there is an error in its reasoning. Bassham‚ Irwin‚ Nardone and Wallace (2002) suggest there are two types of fallacies: (1) fallacies of relevance and (2) fallacies of insufficient evidence. This case study will analyze three fallacies
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