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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Richard Miller Media Law Case Examination JI v. BOSE CORPORATION and WHITE/PACKERT INC. 09-2341‚ 09-2342‚ 09-2343 1st Circuit US Court of Appeals The case I covered was JI v. BOSE CORPORATION and WHITE/PACKERT INC. In 2004‚ a model named Ping Ji‚ was assigned to do a photo shoot by her agency for a photographer names White. Ji ’s contract with her agency spelled out a limited use of her image. She was paid $1‚000 dollars for the photo shoot. On the day of the shoot‚ the photographer had her
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Business Organization and ADR Business Rrganization and ADR Nicole Christopher LAW575 Week 2 Professor Sonja Dickens June 8‚ 2015 Summary Industry Outline Selections for Practices of Business Company Process Choice Aids Disadvantages What is ADR? ADR Approaches of Arguments Resolution Negotiation Why Negotiation? Proceedings Implication Industry Outline Machinery Resolutions Maintained and controlled by a individual Association Computer Purposes Networking
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judge-made law‚ for the judges do not make the law‚ though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.” Generally‚ the position judges adopted is to interpret the law instead of concerning with the justice of their decisions. In modern tie‚ there is still existence of powerful ideology that denies any creative role to judges. The popular view of the judges is not to give the judge a law-making
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Anti-discrimination Law Question 1: [Sexsual harassment] Sue works for a company called X-Pest Pty Ltd. One day Sue walked into the lunchroom of the business. In the lunchroom was a number of male and female staff that were looking at the latest Queensland Netball Team calendar called “Chicks of Netball”. The players in the calendar were semi-naked. As Sue walked into the room‚ Bruce‚ who knew Sue was very shy around men‚ was pinning up Miss October on the staffroom fridge. As Sue came over
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DO JUDGES MAKE LAW? There are two main sources of English Law- legislation and cases. When interpreting legislation judges must ascertain the intention of Parliament and‚ except insofar as they apply the mischief rule of interpretation‚ they do not make law. Traditionally and due to the doctrine of the separation of powers judicial role is really not properly legislative at all‚ but consist merely in stating what the existing law actually is‚ and interpreting authoritatively doubtful points as
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TUTORIAL WEEK 3 TOPIC: APPLYING THE LAW LEARNING OBJECTIVE: 1. To understand how laws and the legal system are used to solve legal problems A. COMMON LAW AND THE DOCTRINE OF PRECEDENT 1. The three meanings of the term common law 2. The concept of equity. 3. The doctrine of precedent; the concept of stare decisis a. binding precedent b. persuasive precedent c. ratio decidendi d. obiter
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judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation‚ refer to British Railway Board v Pickin . The objective of judges is to not make law but simply declare what the law had always been. Acts of Parliament are the highest form of authority and the courts hands are tied by it. But through the doctrine of precedent‚ the judicial function of declaring and applying the law has a ‘quasi-legislative
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the parliament‚ and that only the parliament can make laws in the legislation. But‚ there is something that confuses the sovereignty of the parliament‚ which is the “judge-made law”. Is there such thing as a judge-made law? What is a judge-made law? A judge-made law is when a judge applies or extends an established rule to new facts‚ or decides that the particular rule do not take effect on certain situations‚ thus‚ making a change in the law. However‚ when it comes to this‚ it does not mean that
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Need for Interpretation In his The Law-Making Process‚ Michael Zander gives has stated the three reasons why statutory interpretation is necessary: 1. Intricacy of statutes with respect to the way of the subject‚ various artists and the mixture of legal and technical language can bring about incongruity‚ obscure and questionable language. 2. Anticipating the future occasion’s prompts the utilization of uncertain terms. Statutes are interpreted by the judges. Case of indeterminate dialect incorporate
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