structure with this England developed a doctrine of binding precedent (doctrine of stare decisis Latin for "to stand by decided cases") meaning‚ when cases are being tried judges are bound by decisions of superior or equal court status within their jurisdiction and they must check for previous similar cases for precedents set by either equal or superior courts and should obey/follow this precedent. In the case where the precedent is from an inferior court precedent can be taken into account but doesn
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Week 8 Knowledge CheckResults Concepts Moral Theories Mastery 100% Questions Score: 11/11 1 2 3 7 8 9 Legal Reasoning 100% 4 5 6 10 11 Concept: Moral Theories Concepts Moral Theories Mastery 100% Questions 1 2 3 7 8 9 1.Which of the following terms refers to a moral theory that focuses mainly on consequences? A. B. C. D. Relativism Deontology Utilitarianism Virtue ethics Correct! Utilitarianism is based on the principle of
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The key to the law being “common” is its consistency of application. It is called common because it established one law – the common law – for the whole kingdom. Definitions: Binding precedent – a precedent or binding rule that courts are bound to follow in similar circumstances Persuasive precedent – a precedent that is persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts‚ but not finding Ratio decidendi – the principles of law or reason on which
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Assessment Outcome 1 1) List the main sources of Scots Law? Legislation (Statute) Judicial Precedent Institutional Writers Custom 2) List any four Acts of Parliament from within the UK Statute of Westminster adoption Act 1942 Post-16 education Act 2013 4th road bridge 2013 National trusts act 2013 3) What is meant by the doctrine of judicial precedent and give an example? Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to
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cases and controversies before them. The case law created in this process is based on a doctrine known as stare decisis. This doctrine is based on the notion that prior decisions provide guidance that should be followed in subsequent cases involving the same questions of law. Thus‚ where a rule of law has been announced and followed by courts so that the rule has become settled by judicial decision‚ a precedent is established for future cases. The common law system originated in England. Therefore
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1) The sources of legislation that are binding in Scots law are: European Union UK Parliament Scottish Parliament The European Union (EU) is economic and political union which is located in Europe in Brussels. It consists of 785 members representing the 492 million citizens of the 27 Member States of The European Union. Countries which join EU are Austria‚ Bulgaria‚ Belgium‚ Czech Republic‚ Greece‚ Hungary‚ Portugal‚ Cyprus‚ Estonia‚ Luxembourg‚ Denmark‚ Finland‚ Slovakia‚ France‚ Italy
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arbitrator’s award; and then participate in a hearing at which both sides can present evidence and testimony. * Tribunal & Adjudication Terms Prima Facie - Based on the first impression; accepted as correct until proved otherwise. Precedents- An act or instance that may be used as an example in dealing with subsequent similar instances. Class Action - In law‚ a class action‚ a class suit‚ or a representative action is a form of lawsuit in which a large group of people collectively
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owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Austalian Knitting Mills [1936] AC 85 (Case summary). Also in Shaw v DPP [1962] AC 220 (Case summary) the House of Lords held that a crime of conspiracy to corrupt public morals existed. This was followed in Knuller v DPP [1973] AC 435 (Case summary). In order for the doctrine of judicial precedent to work‚ it is necessary to be able to determine what a point of law is. In the
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1. What are the principles under the doctrine of binding precedent? When it comes to deciding on case‚ judges do not decide solely on their own. They are bound to follow certain accepted principles which are commonly known as “the doctrine of binding precedent”. The doctrine of binding precedent required that “like cases decided alike”. If a case now before the court has facts and raises issues similar to those of a previously decided case‚ then the present case will be decided in the same way
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UNIVERSITY OF TECHNOLOGY‚ JAMAICA WESTERN CAMPUS FACULTY OF LAW Class &STUDY GUIDE YEAR 1 Bachelor of Laws (LL.B) UTECH WEST Gloucester Avenue‚ Montego Bay St.James‚ Jamaica CONTENTS ACKNOWLEDGEMENT INTRODUCTION LAW DATABASES MODULES ✓ LAW AND LEGAL SYSTEM ✓ CRIMINAL LAW ✓ LEGAL METHODS‚ RESEARCH AND WRITING ✓ LAW OF CONTRACT ✓ LAW AND SOCIETY
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