As with all great conflicts in history‚ it was not one factor but rather a multitude of issues that led to the breakdown of compromise during the 19th century and eventually to the Civil War. The government of the period was entirely content to sweep the issue of slavery under the rug‚ contrasting sharply with the strongly polar feelings of the nation‚ with the South wanting to expand the ‘peculiar institution’ and the North beginning to see it as a moral dilemma. The combination of these contradictory
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Judicial Precedent means the process whereby judges follow the decisions made by previous judges in similar cases where the facts are of sufficient similarity. In deciding a case‚ there will be basic tasks‚ establishing what the facts are‚ meaning what actually happened‚ as well as how the law applies to those facts. The idea of judicial precedent is that once a decision has been made in a set of particular facts‚ similar facts in later cases should be treated in the same way. The rules concerning
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Question(A) JUDICIAL PRECEDENT Judicial Precedent is a decision of the court used as a source for future decision making. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The doctrine of judicial Precedent did not become fully established until the second half of the nineteenth century. In the Common law Courts in the United Kingdom the procedure was to apply the theory of the common law‚ which as simply
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of judicial precedent‚ which predominant value is irrefutable. However‚ it is a disputable question‚ whether the bias of the doctrine on the maintenance of the judicial authority is accurate and contemporary. The nature of precedent can be described by putting the words of Lord Denning in London tramways case: Rule of precedent is not a rule of law at all‚ but a practice laid down by the court for its own guidance; and this practice can be amended or altered. Thus‚ the precedent should be deemed
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HUMAN RIGHTS ACT ON JUDICIAL PRECEDENT Although the Human Rights Act 1998 has impacted on the judicial understanding of precedent‚ the underlying features of the doctrine remain unchanged. The doctrine of judicial precedent is based on one of the most fundamental aspects of any legal system and that is‚ all like cases must be treated alike. It involves the application of the principle of stare decisis i.e to stand by the decided. The doctrine of judicial precedent has always played a pre-eminent
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established is the same and the facts or points of law are sufficiently similar every court is In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine of Precedent is the process whereby judges should follow previous decisions in similar cases to help maintain a degree of consistency in the way the law is applied in similar
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takes a singular assessment about how police corruption originates and each holds its own right in police work. The slippery slope in law enforcement is a moral career hypothesis. Where corruption begins with apparently harmless well intentional practices and leads over time. This can happen with individuals or a department in any situation. Basically the slippery slope is what people call crimes for profit. Rationalization
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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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What is a slippery slope argument? Critically discuss the use of such arguments in one area of biomedical ethical controversy. The slippery slope argument is amongst the strongest voiced and possibly the most emotive of arguments in opposition to legalising voluntary active euthanasia (VAE‚ the act of accelerating the death of another‚ usually by lethal injection‚ for their own good and with their consent). In fact‚ in discussion on practically any change in social policy it is common place
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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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