• Discuss the powers of the Supreme Court
    In the case of London Tramways which stated that the law must be certain and flexibility is not as important as certainty in law. Hence, from 1898 to 1966, the House of Lords was entirely bound by its past decisions, unless if they have been made per incurium which means in error. This decision was...
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  • Doctrine of precedent and stare decisis
    derived from everyday life. This means that it should work effectively and be intelligible. 6. The law can develop. There is flexibility especially since 1966. 7. Saves time – avoids unnecessary litigation. Disadvantages: 1. There are so many cases that it is hard for judges to find relevant cases and...
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  • The Nature of Precedent
    precedent is not a rule of law at all, but a practice laid down by the court for its own guidance; and this practice can be amended or altered. Thus, the precedent should be deemed as ‘judicial practice rather then a doctrine’ . However, the maintenance of this practice should be described in order to discuss...
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  • The Uk Tax System.
    such as Statute law, Case law and European Court of Justice decisions. Secondary sources; extra-statutory concessions, informal concessions, statements of practice and statutory instruments. These secondary sources are all produced by the HMRC (Her Majesty’s Revenue and Customs). Finally further sources...
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  • precedent
    Common Law Reasoning and Institutions Question 1: “in practice the doctrine of precedent does not constrain judicial decision-making; activist judges can always creatively interpret previous cases to reach the outcome they desire.” Discuss. Answer: In considering whether the doctrine of...
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  • Judicial Precedent
    in the law was more important than individual hardship. From 1898 to 1966, previous decision was bound to follow unless the decision was made 'per incuriam' or the Parliament has introduced a new act. In 1966, a Practice Statement was issued by the House of Lords. It states that they can depart from...
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  • Judicial Precedent
    Decision from courts in other jurisdictions, i.e. Australia. Obiter dicta statements by a court higher in the hierarchy than the current court. For example in R v Gotts (1992) where the Court of Appeal followed an obiter dicta statement by the House of Lords in R v Howe (1987) on the availability of the...
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  • Shock Incarceration
    Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a hot topic for decades causing arguments over whether or not the Miranda Warnings should or should not continue to be part of police practices, and judicial procedures...
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  • Is It True That International Students Must Learn a New Way of Thinking and Writing When They Come to Study in a Uk-Type Academic Environment?”
    they could practice grammar to get rid of this problem easily. Contrast to the different writing styles which would be said that it is the hardest thing to change because it comes from their mind and they are not used to practice the UK style in their countries. The first feature (Kaplan, 1966 cited in...
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  • Judicial Precent Is Best Understood as a Practice of Courts and Not as a Set of Binding Rules
    the same reasoning as the Court of Appeal in deciding that a man could be guilty of raping his wife. 2) Privy Council decisions. 4) Obiter Dicta statements. This is particularly true of Obiter in the House of Lords e.g. R v Howe (1987) the Lords ruled that duress could not be a defence for a charge...
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  • Judicial Precedent in the United Kingdom
    London Common Law Reasoning and Institutions Essay Title: ‘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 Judicial...
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  • Consider How the Doctrine of Binding Precedent Operates in the English Courts.
    ECHR. The House of Lords was not bound by its previous decisions before 1898. But from 1898 –1966 it regarded itself as bound by its own previous decisions. In 1966 Lord Gardiner indicated in the Practice Statement (Judicial Precedent) of that year that the HOL would in future regard itself as free to depart...
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  • Judicial Precedents
    JUDICIAL PRECEDENT Reading a House of Lords Statement; reading works of legal reference A. Before you read 1. Answer the following questions. 1. What do you understand by the doctrine of judicial precedent? 2. Why is judicial precedent central to the English legal system? 3. What is a binding decision...
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  • Law and Morality
    principles derived from the circumstances of the particular disputes coming before them.” [1] The doctrine of judicial precedent is set out via the statements; ‘stare decisis’: to stand by decisions, and ‘stare rationibus decidendi’: keep to decisions of the past. In the case of Mirehouse v Rennel, [2]...
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  • Constructionism
    and Ideology: Gramsci” in On Ideology. University of Birmingham Centre for Contemporary Cultural Studies) The concept of Sayers is what the practices, institutions, rules, roles, or relationships are depends, on what they mean in society and to its members (Sayer, Method In Social Sciences, A Realist...
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  • Nigerian Literature & Philip Effiong’s Contributions
    Nigerian Literature & Philip Effiong’s Contributions Outline Title: Nigerian Literature & Philip Effiong’s Contributions Thesis Statement: I. Introduction A. Many may say what is Nigerian literature and how is different from American literature? Nigerian literature consists...
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  • Common Law Reasoning
    Common law reasoning and institutions Study Pack page 11 6 ‘The Judicial Practice of Precedent’ Adam Gearey Staff and students of the University of London External Laws Programme are reminded that copyright subsists in this extract and the work from which it was taken. This copy has been...
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  • How Has Miranda V. Arizona Changed the Arrest and Interrogation Process.
    looked upon. The effect of the Courts decision generates discourse and on occasion, violence. This is what happened in the case of Miranda v. Arizona in 1966. This case changed the history of this country and left a tremendous impact, which many challenge, the ruling and still protest today. The Miranda...
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  • Computer Ethics
    as the founder of computer ethics and laid out the foundation of computer ethics. * 1966:  MIT’s Joseph Weizenbaum writes a program called ELIZA that makes the computer act as a psychotherapist. * 1966: First computer crime, a programmer used computer code to prevent his banking account from...
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  • Miranda V. Arizona
    The case of Miranda v. Arizona dealt with the question, “Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?” This case started in 1963, when Ernesto Miranda was arrested in...
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