Brad began working at Lay-Z-Guy in 1981 as a customer service manager. In 1995 his employer started requiring him and other salespeople to sign a series of one-year agreements that stated they could be terminated on 60 days’ notice. Three years later it required Brad to incorporate‚ and from that point forward‚ the agreements were between Lay-Z-Guy and Brad’s corporation. The agreements defined Brad‚ and later his corporation‚ as an “independent marketing consultant” and expressly stated that the
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Racism in The American Court System The American Court System was composed to be as fair and just as possible for everyone‚ but racial stereotyping and prejudices may have turned the court system towards favoring certain races over other ones. People of color are being unfairly judged as criminals by not only citizens‚ but police officers as well‚ resulting in injury‚ or even death of many innocent minorities. The media have made a big impact on fixing these hate crimes‚ but it is not enough to
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JUDICIAL INDEPENDENCE INTRODUCTION An independent judiciary is necessary for a free society and a constituent democracy. It ensures the rule of law and realization of human rights and also prosperity and stability of the society. The independence of the judiciary is normally assures through the Constitution but it may also be assured through legislations‚ conventions and other suitable norms and practices. Following the constitution of United States‚ almost all constitutions lay down at least the
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ARTICLE VIII JUDICIAL DEPARTMENT Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable‚ and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. Section
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OF LEGAL PRECEDENTS ADITI GHOSH 2ND Yr. LL.B. (HONS.) INTELLECTUAL PROPERTY LAW RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW IIT KHARAGPUR 15 August 2011 Table of Contents INTRODUCTION 1 WHAT IS MEANT BY A PRECEDENT? 2 TYPES OF PRECEDENTS 2 Original precedent 2 Authoritative or Binding precedent 2 Persuasive precedent 3 THE DOCTRINE OF STARE DECISIS? 3 HOW RELEVANT IS THE IDEA OF JUDICIAL PRECEDENTS? 6 WHAT IS THE BINDING ELEMENT OF A CASE? 7 WHY SHOULD WE FOLLOW PRECEDENTS IN DECIDING
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using the system of checks and balances. The system gives all three branches a specific thing that they are in charge of looking over and making sure it is done correctly. For instance‚ the legislative branch is in charge of making the laws that everyone is expected to follow. Then‚ the judicial branch must interpret the laws so that everyone can clearly understand why it is a law. Lastly‚ the executive branch has to enforce the law and make sure that no one is breaking it. This system is used to
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it is”. (Hughes) Judicial activism and judicial restraint are the philosophy and the reason behind the majority of judicial decisions. Most people are often confused over the true meaning and their proper applications. The theory of judgment that takes into account the spirit of laws and the changing times is referred to as judicial activism‚ and judicial restraint looks at strict interpretation of the law and the importance of legal precedent. To figure out whether a judge or court is considered to
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The federal court system is made up of 3 layers: the district courts‚ the circuit courts. These are the first layer of appeal. The final layer is appeal in the federal courts. There are 94 district courts‚ 13 circuit courts‚ and one Supreme Court throughout the country. The Supreme Court is the only court specifically mentioned in the Constitution; Article III mentions the Supreme Court. District courts were created by acts of congress. All the judges and justices are picked by the president
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Regional Trial Court and other lower courts Regional Trial Courts (RTC) Highest “trial courts” in the Philippines. It was formerly called as the Court of First instance (CFI) before 1980. It was established in each of the 13 regions in the Philippines. Qualifications: Natural-born citizen at least thirty-five years of age and for at least ten years‚ has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice
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federal judicial system. What are the responsibilities of each part of the system? The federal judicial system can be said to be federal courts with limited jurisdiction. This means that they are only allowed to hear cases that have been authorized by the United States Constitution or the federal statutes. The federal judicial system has 3 levels of the federal court system. This is the U.S Supreme Court‚ the U.S Courts of Appeals and the U.S. District Courts. The U.S District Courts are courts
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