A CRITICAL ANALYSIS OF THE DOCTRINE 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
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MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains‚ in the west central portion of Owyhee County‚ south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road.
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James Culppeper Analysis Paper II Family and the Church versus false doctrine 11/23/2014 In recent years‚ many of those who are trying to diminish or destroy the organization of family have been overly active. In a recent news article from BBC‚ the highest-ranking priest from the Catholic Church has made some pretty controversial statements about homosexuality‚ and urges his cardinals to develop an acceptable view in regard of homosexuality. Since the early
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Emily Arochi Plain View/Open Fields ADJ/275 February 7‚ 2010 In our readings the plain view doctrine states “that items that are within the sight of an officer who is legally in a place from which the view is made may properly be seized without a warrant—as long as such items are immediately recognizable as subject to seizure”. There are some requirements of the plain view doctrine. One requirement is the awareness of the items solely through the officer’s sight. Another requirement is that
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the characteristics of the region but‚ while the European nations tended to control the colonies directly‚ the American foreign policies tended to follow the Monroe doctrine. The ultimate purpose was (and still is) ensuring the “open door”. In Harry Collings’ Misinterpreting the Monroe Doctrine‚ Collings explains that the Monroe Doctrine was truly believed by American people. Their foreign policy was based on the attempt to keep the trades open and favor free competition. To establish their commercial
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the lines or rather write in between lines of the statute‚ the presumed‚ implied intention of the Parliament. This is called the legal construct of the statute or statutory construction. Consequently‚ most of the Administrative law concepts and doctrines are Judge made law‚ which have to be read in conjunction with any statute delegating power to a official‚ body or tribunal. OBJECTIVES OF ADMINISTRATIVE LAW: Since the Parliament grants the widest possible power and has little control over how these
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SUBJECT: Army Doctrine Publication (ADP)/Army Doctrine Reference Publication (ADRP) 3-09 Fires‚ Dated 31 August 2012 1. Purpose. To provide SFWOAC Class 002-16 an overview of ADP/ADRP 3-09 2. Summary. ADP/ADRP 3-09 discusses Fires doctrine and its application in support of unified land operations. The publication presents Fires concepts using Army‚ joint‚ and multinational Fires systems‚ to include Electronic Attack (EA). Fires is integrated into the commander’s concept of the operation via Fires
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The Bush Doctrine and Just War Theory (words count 269) Is the Bush doctrine one of preemption or prevention? Why is this distinction important? The bush doctrine is more prevention than preemption. His speech was more about prevention. He made a statement that we must prevent terrorisms and regimes weapons from threatening the United States and the world. He claimed that we can’t sit back and wait for them to attack us again. We must not wait and give them the chance to take us down. We should
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Discuss the advantages and disadvantages of the doctrine of precedent. The doctrine of precedent means that judges refer back to previous decisions to help them decide similar cases where the law and facts are alike. Top of Form Bottom of Form Discuss the advantages and disadvantages of the doctrine of precedent. Judicial precedent concerns itself with the influence and value of past decisions of case law and prior legal experience. The doctrine of precedent means that judges refer back to previous
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Eric APUSH September 25‚ 2012 The Monroe Doctrine Abstract O. The Monroe doctrine was an annual message written by James Monroe. He was the President of the United States at this time. It was presented to inform individuals about U.S. policies regarding foreign affairs and the current condition of the U.S. Monroe was also concerned and insecure about the strength of our country because the United States was so young. The doctrine is a primary source‚ and more specifically it was a message
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