tradition is built on the doctrine of Stare Decisis ("stand by decided matters")‚ which directs a court to look to past decisions for guidance on how to decide a case before it. This means that the legal rules applied to a prior case with facts similar to those of the case now before a court should be applied to resolve the legal dispute. The use of precedent has been justified as providing predictability‚ stability‚ fairness‚ and efficiency in the law. Reliance upon precedent contributes predictability
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Explain the Trikaya doctrine in Buddhism In Mahayana Buddhism there are many Buddhas and they are seen as cosmic beings that may choose to appear in human form to teach others. Although they believe that shakyamuni Buddha did follow the Bodhisattva path to achieve Buddhahood he had in fact been enlightened for eons and his appearance is one of several. He did not in fact die but rather he chose to appear to so that he may help us learn his teachings as they will not become too reliant on him
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Period: Date: AP Government Unit 2 (Judicial Branch) Study Guide Directions: Using your notes and Chapter 16 reading‚ answer the following questions. ������16.2 Outline the structure of the federal court system and the major responsibilities of each component How is the federal judicial system organized? What role does the federal judicial system play in contemporary American government? What limits are there on the interpretation
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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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PROJECT: Chicken Point Cabin LOCATON: Chicken Point‚ Idaho‚ U.S.A. OWNER: Unknown ARCHITECT: Olson Kundig Allen Architects CONSULTING ENGINEERS: Monte Clark Engineering CONTRACTOR: Doric Creager‚ MC Company‚ Spokane FUNCION: Residential Architecture PROJECT COMPLETION: 2002 The Chicken Point Cabin is Located in the North Western area of the states‚ Idaho. In Idaho the climates are similar to its neighbor state Washington where it is much cloudy and precipitates almost
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Human Rights Act 1998 has impacted on the judicial understanding of precedent Human rights are inalienable rights in which people are conferred with by birth. The state being the guardian of such rights have an absolute obligation to protect the human rights. Prior to the Human Rights Act 1998‚ a Uk citizen who had a grievance of a violation of a human right‚ had to complain to the Euoropean Court of Human rights in order to obtain redress. Comparatively‚ it can be said that by the enactment of
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Root-Takahira Agreement with the Japanese acknowledging Japanese control over Manchuria‚ while also securing America’s interest in the oceanic region. 5. What role did the U.S. play in the Caribbean after the Spanish-American War? Explain the “Roosevelt Corollary” to the Monroe Doctrine. Look at the map on p. 640. What were the results of the Roosevelt Corollary? In the late 1800’s and early 1900’s‚ the United States continued to maintain they had greater interest in the Latin America region than European
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Binding Precedent The English Legal System is hierarchical whereby the decision of a higher court binds lower courts. The doctrine of binding precedent‚ stare decisis‚ (stand by things decided) is at the core of the legal system. The Superior Court is at the top of the legal pyramid and its decisions bind all lower courts‚ except on civil cases involving European law where the European Court of Justice is the court of last resort. Below the Superior Court‚ we have the Court of Appeal‚ and it is
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PRECEDENT SETTING CASE CLN 4U0 The Queen v. Dudley and Stephens (1884)‚ 14 Q.B.D. 273 Court of Queen’s Bench‚ England Facts: Thomas Dudley‚ Edward Stephens‚ and the deceased‚ a boy between seventeen and eighteen years of age‚ were set adrift in a lifeboat during a storm on the high seas 1000 miles from the nearest land. They had neither food nor water to subsist upon. For twenty days‚ they managed to survive by catching and eating a turtle and drinking rain water caught in their oilskin
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Judicial creativity Judges are unable to develop the law as it would be considered unfair. If a defendant commits an act which is not considered criminal‚ but the judge then decides that it is‚ therefore changing the law‚ this would be considered unfair for the defendant. This would be seen as the retrospective effect. Parliament makes the law‚ following a lengthy process‚ and then the judges must follow parliament’s decision. They must follow precedent of higher court judges. This is known as
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