Name: BTEC Level 3 Applied Law (Unit 2) Judicial Precedent P1: explain the application of judicial precedent in the courts You will need to know: What is judicial precedent? The development of the system The hierarchy of the courts The difference between ratio decidendi and obiter dicta The difference between binding and persuasive precedent How law reports are used What is judicial precedent? ………………………………………………………………………………………………………………………………………………………………………………………………
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Introduction: Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie‚ to stand by the decided. In practice‚ this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law.
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family involvement with the children‚ put kids in an uncomfortable position‚ stripped any sense of morality‚ promote promiscuity‚ and encourages experimentation.” In the passage‚ I have identified the logical fallacies that the author utilized in their argument: personal attack(ad hominem)‚ slippery slope‚ perfect argument‚ false dilemma‚ and wishful thinking. This argument seems to direct its argument toward a general surgeon about his recommendation about educating kids at young as third grader about
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Video games have become an integrated part of society both in the older and younger generations. As more and more complex games are made and introduced into the community‚ increased amounts of violence are put into these games to draw in more consumers. Many studies have reported that because of the violence in these games‚ younger children and teens have become more violent not only toward family‚ but also toward government and public property. If this continues on the track that has been established
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FALLACIES OF RELEVANCE 1. Appeal to Force If you suppose that terrorizing your opponent is giving him a reason for believing that you are correct‚ then you are using a scare tactic and reasoning fallaciously. Example: David: My father owns the department store that gives your newspaper fifteen percent of all its advertising revenue‚ so I’m sure you won’t want to publish any story of my arrest for spray painting the college. Newspaper editor: Yes‚ David‚ I see your point. The story really
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Criminal Procedure Final Jessica-Ann Honkala Kaplan College- Chula Vista Criminal Procedure Mr. Gonzales June 3rd‚ 2014 The United States of America’s Justice System has many flaws to it‚ but it is a good system to rely on. The American criminal justice consists of various stages in criminal procedures that are used to determine the innocence or guilt of a suspected and the appropriate sentencing if found after the trial. The United States Fifth Amendment of the constitution
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Logical Fallacies Response 1. Hasty Generalization: My father smoked four packs of cigarettes a day since age fourteen‚ and lived until age sixty-nine. Therefore‚ smoking really can’t be that bad for you. Explanation: This is a clear example of a hasty generalization. The writer concludes that smoking is universally not bad just because his or her father is still alive although he smokes a lot. The health risk of smoking cannot be claimed based on the case study of one person. It is very unreasonable
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A fallacy is an error in reasoning‚ which differs from factual error in that errors are simply wrong about the facts. A fallacy can occur in any kind of discussion‚ argument‚ or reading. For the purposes of this paper‚ the fallacies discussed will pertain to arguments. A fallacious argument is an argument in which the premises given for the conclusion do not provide the needed degree of support (Atheism Web). Fallacies of distraction attempt to distract from the falsity of an argument by the
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Wife’ In political races in the United States logical fallacies are a staple in political ads. The 2012 election was no exception to this convention‚ especially being true in an advertisement with ex-steel plant worker Joe Soptic‚ speaking in Obama-affiliated Political Action Committee Priorities. The advertisement included many logical fallacies to argue against the Romney campaign. Those include post hoc reasoning‚ ad hominem‚ and slippery slope. The advertisement consisted of just one man‚ Joe
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Advantages and Disadvantages of the jury system Advantages of the Jury System Long established trial by peers which has public confidence Lord Devlin‚ a famous House of Lords judge‚ has said that trial by jury is the “lamp that shows that freedom lives”‚ arguing that a defendant has the right to be tried by his peers. Supporters of this view maintain that a jury will exercise common sense rather than slavishly follow the law. For example the case of R v Wang W was charged with having an article
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