Requirement 1: The definition of precedent is an earlier event or action that is regarded as an example or guide to be considered in subsequent or similar circumstances. Requirement 2: Case 1: Mahe v. Alberta Summary: The Mahe v. Alberta case is on the concept of language rights. The ruling is notable‚ as the court established that section 23 of the Canadian Charter of Rights and Freedoms guarantees minority language education rights to French-speaking communities outside Quebec. The argument
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Judicial Precedent (Case Law) The nature of judicial precedent In examining the development of our law reference was made to the role played by the judges in its evolution‚ the common law and equity being the product of judicial reasoning in that they have both evolved through the system of case law whereby law is made for the purpose of the decision of the specific case before the court. It is natural that if a similar dispute should arise again then the previous decisions should be used as
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The doctrine of judicial precedent is based on stare decisis. That is the standing by of previous decisions. Once a point of law has been decided in a particular case‚ that law must be applied in all future cases containing the same material facts. For example in the case of Donoghue v Stevenson[1932] AC 562‚ (Case summary). The House of Lords held that a manufacturer owed a duty of care to the ultimate consumer of the product. This set a binding precedent which was followed in Grant v Austalian
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certain situation In order to help the judges with general words‚ Parliament has also passed the Interpretation Act 1978 which sets down some general rules for interpretation which consist of literal rule‚ golden rule and mischief rule.2 Judicial Precedent The system of judicial
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Case name Case facts What it links to Rookes V Barnard Rookes sued the union officials‚ including Mr Barnard‚ the branch chairman. Rookes said that he was the victim of a tortious intimidation that had used unlawful means to induce BOAC to terminate his contract. The strike was alleged to be the unlawful means. -The case was almost immediately reversed Miliangos V George Frank Textiles George Frank Ltd was a Swiss textile producer who sold and delivered textiles to Miliangos‚ textile
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Question 1 a) The legal fiction upon which Australia was founded refers to the British doctrine‚ “terra nullius”. The phrase translates to “land without ownership”. When Australia was founded‚ even though the colonisers acknowledged the presence of the Indigenous they considered the Aboriginals too primitive to be actual owners. The Aboriginals were considered too primitive with no identifiable hierarchy or political structure. This legal fiction had a significant impact on Australia with the
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and adopted by the Australian legal system. • It is law developed through the courts. It is also known as judge-made law and case law. • It can only be created when a case is brought to the courts. • It develops through the doctrine of precedent where the reasons for decisions of courts are followed by future courts. COURTS MAKE LAW BY: • Deciding on a new issue that is brought before them or when a previous principle of law requires expansion to apply to a new situation. • Statutory
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Question(A) JUDICIAL PRECEDENT Judicial Precedent is a decision of the court used as a source for future decision making. In Judicial Precedent the decision made in superiors are binding on subsequent cases in lower courts on the same or similar facts. The doctrine of judicial Precedent did not become fully established until the second half of the nineteenth century. In the Common law Courts in the United Kingdom the procedure was to apply the theory of the common law‚ which as simply
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Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is "that like cases be decided alike." Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree‚ there are precedents for any
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Organizational culture is a system of shared meaning and beliefs held by organizational members that determines‚ in large degree‚ how employees act. In every organization‚ there are values‚ symbols‚ rituals‚ myths and practices that have evolved over time. These shared values and experiences determine‚ in large degree‚ what employees perceive and how they respond to their world. There are seven dimensions that capture the essence of an organization. Singapore airlines focus mainly on people orientation
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