Judicial Precedent is the way that English Common Law has evolved since the time of Henry II when courts were unified into a national system‚ making it common throughout England. Integral to it is the Latin phrase ‘stare decisis’ which literally means ‘to stand by what has been decided’. Its meaning in the case of judicial precedent is very similar‚ that a Judge will go by the same ruling as a previous judge has in the same cases; providing that the precedent comes from a higher or equal court‚ if
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sovereignty) or unchallengeable political power (political sovereignty). It is absolutely clear that the doctrine of Parliamentary sovereignty has been undermined by numerous factors. However‚ other people happen to disagree with me. J.S. Mills says that “Parliament can do anything except turn a man into a woman”. This quote shows that J.S. Mills does not think that the doctrine of Parliamentary sovereignty has been undermined by numerous factors. Parliament sovereignty is based
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4 Public Trust Doctrine‚ Eminent Domain and Land Acquisition: An Indian Experience “There is nothing which so generally strikes the imagination‚ and engages the affections of mankind‚ as the right of property.” -BLACKSTONE I. Introduction: Right to Property- A Jurisprudential Approach The Concept of Property has been very ancient as well as very important. It holds a premier place in our constitution and as well as in the society‚ in which we live. The concept of property is very wide and has splurged
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John Locke and Immanuel Kant: Comparative analysis of epistemological doctrines We are here concerned with the relationship between the human mind‚ somatic-sensory perceptions‚ objects of perception‚ and claims of knowledge arising from their interaction‚ through the philosophies of John Locke and Immanuel Kant. Confounding the ability to find solid epistemological ground‚ philosophers have‚ generally speaking‚ debated whether ‘what’ we know is prima facie determined by the objective‚ as-they-are
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Question 6 Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Discuss. Kiew Boon Yin Judicial precedent means the process whereby judges follow previously decided cases where the fact are of sufficient similarity. The doctrine of judicial precedent is a practice of the court‚ it provides guidance to the judges when they apply case precedents. It also provides certainty
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INTRODUCTION: The doctrine of precedent‚ or stare decisis‚ lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court
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CMLRev 773 Craig P‚ ‘Once More unto the Breach: The Community‚ the State and Damages Liability’ (1997) 105 LQR 67 Questions to discuss during the tutorial: 1. Describe the legal reasoning of the ECJ for the creation of the state liability doctrine. Do you agree with this reasoning? (see below‚ Q2) 2. [EXAM TYPE QUESTION]: ‘State liability is the defining moment in the ECJ’s pursuit for effective judicial protection.’ Critically evaluate this statement. ( talk about other remedies;
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Judicial precedent signifies the practice whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent is a practice of the court that provides guidance to the judges when they apply case precedents. Black’s Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases‚ which helps provide certainty‚ consistency and
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The United States experienced many different world events that helped propel it to becoming the world’s super power. From the Monroe Doctrine which would help the United States isolate itself from the Colonialism of the European nations and set itself as the super power of the America’s‚ to the Spanish American War which ended Spanish rule in the America’s as well as helped the United States acquire its own territories‚ to the first and second World Wars which ultimately bankrupted all of Europe
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1.President Monroe articulated the Monroe Doctrine in his 1823 address to Congress primarily in order to A.respond positively to the recent Latin American revolutions B.rule out United States involvement in South America C.provide a rationale for United States intervention in the Isthmus of Panama D.warn European nations against further colonial ventures in the Western Hemisphere E.encourage Britain to help the fledgling Latin American states 2.Which of the following transportation developments
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