"Explain the concepts of legal precedent and stare decisis" Essays and Research Papers

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    Explain The legal status and principle of the relevant early years framework‚ and how national and local guidance materials are used in setting. The first and main principle of the EYFS is to achieve the five outcomes of the ECM of staying safe‚ enjoying and achieving‚ making a contribution and achieving economic well-being. Since September 2008 England has introduced a statutory curriculum for children aged 0-5 years who are being cared for education outside of their homes. The framework

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    Explain the concept of Dukkha Dukkha is the first of the three marks of existence and the first of the four noble truths. Dukkha is an extremely hard word to translate‚ and its meaning can vary between suffering‚ dissatisfaction and imperfection‚ it is most often translated as suffering. In his first sermon in the Deer Park‚ Siddhartha Gautama tells us what dukkha means. “This is dukkha: birth is painful‚ aging is painful‚ sickness is painful‚ death is painful‚ encountering what is not dear is

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    Doctrine of Judicial Binding Precedent This question raises the issue of the role of precedent. In order to examine the statement‚ scrutiny of the doctrine of the judicial precedent is required. Case law is used to describe the collection of reported decisions of the courts‚ and the principles which stem from them. Lord Macmillan made this observation that the case by case development is superior to those based on hypothetical models. “.....any fixed theory and that principles always fail because

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    Hierarchy of the courts. In this point I will explain the different ’levels’ there are in the English system. My second point is Stare Decisis and what it is. This point is made up of several questions that I will answer; why have binding precedent? What has to be followed? That is Obiter Dicta and Ratio Decidendi? What is persuasive precedent and who uses it and how it is used? When is a judge bound? Can the Stare Decisis be avoided? And lastly: How has Stare Decisis handicapped the development of the English

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    Explain the concept of ‘models’ and discuss the various types of models. Use appropriate examples. A model is a pattern‚ plan‚ representation‚ or description designed to show the structure or workings of an object‚ system‚ or concept. A model can come in many shapes‚ sizes‚ and styles. It is important to emphasize that a model is not the real world but merely a human construct to help us better understand real world systems. In general all models have an information input‚ an information processor

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    Judicial precedent - Law

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    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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    Tutorial 2: The Concept of Separate Legal Personality 1. State the legal principle in company law established by the case Saloman v Saloman. What do you think? Do you think that the decision would be the same today? 2. ‘The Salomon decision was a scandalous one which unleashed a tidal wave of irresponsibility into the business community.’ Discuss. 3. When does a company become a separate legal entity? 4. What is the legal effect of incorporation of a company? 5. . Explain the significance

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    Explain Different Concepts

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    Theorist of development: A. Cognitive (Piaget) Cognitive theories of development look at how thought processes and mental operations influence growth and change. Cognitive theory is looking at the development of a person ’s thought processes. It also looks at how these thought processes influence how we understand and interact with the world. One theorist and cognitive thinker was Jean Piaget‚ who gave an idea about how we think about child development. This is that children think differently than

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    Judicial Precedent

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    DOCTRINE OF PRECEDENT - LAW MAKING POTENTIAL More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #1   THE JUDGES’ ROLE IN PRECEDENT The old view of the judges’ role was that they were merely ’declaring’ the existing law (the ’declaratory theory’). Lord Esher stated in Willis v Baddeley [1892] 2 QB 324: "There is ... no such thing as 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

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    Healthcare Legal Concepts HIT261-1003B-01 hase: 3 Individual ProjectRules of Ownership Regarding Medical Records Instructor: Nena Scott September 10‚ 2010 Abstract We will discuss the common principle about the possession of medical records. I will also explain what the requirements are for the ROI (release of information). Also I will look at the request of amendments‚ revocation of authorization‚ and what the timely response mandates maybe (Colorado Tech. Online‚ 2010). Possession

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