Judicial precedent is based upon the Latin maxim "stare decisis" which loosely translates into "stand by what has been decided and do not unsettle the established". Judicial precedent is the source of law where past decisions of the judges create law for future judges to follow‚ this law can be found in judgement that is binding. Ratio Decidendi is the part of the judgement that is binding. In the English legal system‚ higher courts bind lower courts so lower courts have to follow the past decisions
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believed that the relationship between certainty and flexibility in judicial precedent has struck a fine line between being necessary and being precarious. The problem is that these two concepts of judicial precedent are seen as working against each other and not in tandem. There is proof‚ however‚ that as contrasting as they are on the surface they are actually working together to achieve one common goal. Judicial precedent in its broad definition is the process by which judges follow previously decided
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Precedent transactions analysis just like comparable analysis‚ uses a multiples-based approach to develop an implied valuation range for a given company‚ division‚ business‚ or of collection of assets. The main criteria of performing precedent transactions is the selection of an appropriate universe of comparable acquisition. Once an initial set of comparable acquisitions is selected‚ factors such as market conditions‚ deal dynamics‚ motivations‚ etc. are being examined. 1)Market conditions refer
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The Doctrine of Fascism Some General Ideological Features "Reactionary concepts plus revolutionary emotion result in Fascist mentality." -Wilhelm Reich Is nationalism inherently evil? Would a one-world government be more preferable? Are appreciating and defending one’s own culture and cultural values somehow primitive instincts that must be overcome by the educational efforts of the enlightened? We have all heard of Fascism
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The Reagan Doctrine Stephen Holifield Dr. Mickey Crews HIS 1112 July 8‚ 2012 As Ronald Reagan came into office‚ he was considered apprehensive of the Soviet Union. Throughout his presidency‚ he remained centered on the perceived threat to the safety and security of the United States from the Soviet Union and its Communist system. President Reagan rejected how most leaders in Washington perceived the cold war and how it should be handled. First
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The Doctrine of Discovery‚ also known as the Doctrine of Christian Discovery‚ has its root since 1452‚ even before the voyage of Christopher Columbus in 1492. All the activities involving Doctrine of Discovery are enshrined within the framework of Christendom or Christianity. It can also be divided into two basic ideologies: Discovering land and resources; and taking those resources by force. In the process of the conquest of the Americas‚ lands and resources were discovered on the Indigenous territories
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The Monroe Doctrine became one of the crucial foundations of American foreign policy over the next century; what was the occasion for Monroe’s articulation of this doctrine‚ and what were the circumstances motivating its adoption? The occasion for Monroe Doctrine was to inform the world in principle the rights and interests of the United States and Russia. The Monroe‚ doctrine was used to inform not only the world by European nations that the northwest coast was part of the United States and colonization
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Employment-At-Will Doctrine In the United States‚ employees without a written employment contract generally can be fired for good cause‚ bad cause‚ or no cause at all; judicial exceptions to the rule seek to prevent wrongful termination. There are three exceptions to the doctrine that are recognized across the 50 states. These exceptions address employment terminations that are in line with the doctrine requirements but are probably not justified [Muhl‚ 2001]. Public-policy exception Under
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The Doctrine of the Trinity: Opponents Past and Present Systematic Theology I Research Proposal Seminary JoJo the Indian Circus Boy September‚ 2010 TABLE OF CONTENTS THESIS STATEMENT 2 INTRODUCTION 2 THEOLOGY OF THE TRINITY 3 BIBLICAL EVIDENCE SUPPORTING THE TRINITY Old Testament Support of the Trinity 4 New Testament Support of the Trinity 5 HISTORY OF THE TRINITY 7 Critics of the Trinity-Present 8 Judaism..............
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law’‚ ‘doctrine’ and ‘precedent’. The term Common law can be defined as a part of the English law developed by the Courts of common law which judgments by judges hearing real cases . Furthermore‚ Doctrine can be defined as a commonly accepted set of rules and procedures. Precedent means an example serving for the future . Moreover‚ this essay will clarify that the historical development Australia legal system‚ development of common law‚ the evolution and operation of the doctrine of precedent. These
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