ESSAY TILE: 1) “Judge made-law” STUDENT NUMBER: 111173370 CANDIDATE NUMBER: 151403 For long it has been the received opinion that judges filled in the gaps left by rules by using their discretion. Positivistic jurisprudence from Austin to Hart placed strong emphasis on the part played by judges in the exercise of their discretion. “In these cases it is clear‚” Hart said‚” that the rule-making authority must
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point of being identical. This common law legal tradition is based on case law which incorporates the doctrine of judicial precedents. The doctrine is based on the Latin maxim ‘stare decisis’ which means ’let the decision stand. This means that once a ruling was made in a higher court and the facts of the case before the court is sufficiently similar to that previously decided case‚ then the precedent set out by the earlier case must be followed‚ and the law applied in the same way. The common law system
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A breach of a contract is a failure to perform it. True A court may depart from a precedent if the precedent is no longer valid. TRUE A decision on a given issue by a court is not binding on an inferior court. False A defendant is a person against whom a lawsuit is brought. TRUE A federal statute regulates an employment practice. To resolve a dispute concerning the practice‚ Paula‚ a judge‚ will most likely apply the statute. A state constitution is supreme within the state’s borders
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indeterminacy led to a confusion of the real with the literal‚ and mistakenly linked metaphor to falsity. Despite the prevalent suspicion‚ there exist numerous metaphoric expressions in law. Metaphorical reasoning is closely related to the doctrine of binding precedents – the fundamental principle of Common Law jurisdiction. Some metaphors are arguably at the heart of jurisprudential debates and became the actual basis of legal reasoning. With the advent of inter-disciplinary research pioneered by
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VCE Legal Studies Unit 2 Exam Chapters (7‚8‚9‚10‚11&15) AREA OF STUDY 2: CIVIL LAW AND AREA OF STUDY 2: THE CIVIL LAW IN ACTION. 1. The difference between civil law and criminal law. Civil law applies to people in the community who had the wrong things such as civil against each other. Criminal law is someone who commits murder‚ sexual assault and theft etc. It is the law enforced by police. 2. The need for a hierarchy of courts‚ i.e reasons In a court hierarchy‚ different courts have different
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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 made under a licence from the Copyright Licensing Agency of the UK (www.cla.co.uk). Any digital or printed copy supplied to or made by you under the terms of this licence is for use in connection with this course
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[pic] A SHORT INTRODUCTION TO THE ENGLISH LEGAL SYSTEM The DfES key stage 4 guidelines for the teaching of Citizenship as part of the National Curriculum state that in acquiring knowledge and understanding about becoming informed citizens‚ students should be taught about: ‘the legal and human rights and responsibilities underpinning society and how they relate to citizens‚ including the role and operation of the criminal and civil justice systems.’[1] One of the key skills that students
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supreme law-making body; it can make laws on all issues within its jurisdiction. However‚ the process of law-making can be slow. The courts‚ on the other hand‚ can change the law quickly if a relevant case is brought before them‚ they also can create precedent to be followed by other in the community in the future. Courts cannot change the law unless a relevant case is
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In different country‚ there are different types of legal system. [2] Some county practices a the mixture of two or more legal systems which is known as mixed legal system while some country practices only one type of legal systems. [3] Malaysia practices the mixed legal system which consists of the Customary Law‚ Islamic Law and Common Law. [4] The sources of Malaysian legal system law are from two different laws which are the Written and Unwritten law. 5In Malaysian Legal System‚ the most important
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CHAPTER ONE: INTRODUCTION TO LAW AND MALAYSIAN LEGAL SYSTEM What is Law Law is needed to ensure good conduct of people and peace in society. Therefore‚ government makes necessary laws whenever needed. Law is an obligatory rule of conduct. Government makes law to regulate the conduct of people in society. Law requires that people should behave well with fellow members in society and must abide by social and ethical rules together with legislative laws made by Parliament.
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