Kennedy’s presidency the United States was seriously concerned with stopping the spread of communism throughout the world and there where hot spots that sparked the Kennedy administrations attention. Containment was the United States foreign policy doctrine that proclaimed that the Soviet Union needed to be contained to prevent the spread of communism throughout the world. This containment policy meant that the United States needed to fight communism abroad and promote democracy worldwide. During President
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INTRODUCTION: The doctrine of precedent‚ or stare decisis‚ lies at the heart of the English legal system. The doctrine refers to the fact that within the hierarchical structure of the English courts‚ a decision of a higher court will be binding on a court lower that is in that hierarchy. In general terms this means that when judges try cases they will check to see if a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court
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Judicial precedent signifies the practice whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent is a practice of the court that provides guidance to the judges when they apply case precedents. Black’s Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases‚ which helps provide certainty‚ consistency and
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Employment-At-Will Doctrine Texas is an “employment-at-will” state. Generally‚ employees without a written employment contract can be fired for good cause‚ bad cause‚ or no cause at all. In an at-will situation‚ either the employer or employee may terminate the employment relationship at any time‚ with or without warning‚ and with or without cause‚ unless there is an existing agreement with express terms and conditions covering its termination.1 Of course‚ the employment-at-will doctrine is not without
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The Application of Precedent • The process: relevant circumstances in the present case; rule to be applied to the case must be discovered by examining previous similar cases (precedent); rule applied to the circumstances of present case. Example 1 • Considine v Shannon regional Fisheries Board [1994] Costello J: ‘principle of precedent is easy to state‚ but is difficult to apply in practice’ • The issue: after a not guilty verdict (acquittal) in the District Court‚ could an appeal could
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as it imposes a personal obligation on the person who knows the information not to disclose it. This has been unanimously approved in the High Court Case Farah Constructions Pty Ltd v Say-Dee Pty Ltd. President Kirby further developed this doctrine by listing factors which helps in determining whether information is confidential in Wright v Gasweld Pty Ltd. Factors which suggest that information is confidential are if it required skill and effort to acquire‚ whether the employer had guarded
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Influences on Judicial Power Under Article III of the Constitution the judicial branch was established‚ but rather implicit in proportion to the other two branches of government. This ambiguity allocates various opportunities for interpretation of judicial power. In Federalist 78‚ Alexander Hamilton addresses the role of the judiciary branch within the federal government in regards to political immunity of judges through life tenure and contribution to checks and balances through power or judicial review
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The French Legal System The French judicial system has developed through many stages during the nation’s history‚ and is deeply rooted in three major influences of the King‚ the people‚ and the outside. The first judicial system‚ a Private Reaction system‚ was established at the founding of France. A judicial system was then established after the Revolution of 1789. The judicial system after the Revolution was based on the principle of legal offenses and punishment. This was stimulated by
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The Doctrine of God What I learned about the Doctrine of God is God’s existence‚ first of all. God existence is definitely taken for granted in the Bible. The writers of the Old and New Testament knew God existed so they thought it pointless to put it in there. Jacobi said‚ “A God capable of proof is no God at all.” So if God had to prove He existed‚ then that would take all of the power out of God Being God. So‚ in the Bible God existing is an understood matter. The arguments for the existence
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Judicial activism believes that judges assume a role as independent policy makers on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982‚ the duty of Supreme Court justices was to interpret law‚ not took it upon themselves to make law. Nevertheless‚ the Supreme Court justices play a more predominant role in shaping government policy and legislation today than they did
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