to judges technically making law through original precedent. The doctrine of Precedent is the process whereby judges of a lower court are bound to follow a decision on a point already made by a judge in a higher court. It is based on the maxim “stare decisis” which means stand by what has been decided. To satisfy the conditions in the doctrine‚ the previous point must have been the “Ratio decidendi” (reasons for deciding). The previous court must have been at a higher level than the present or at the
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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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Introduction to Law Assignment 1 |Name |Robert Hooper | |Unit Code |BLW16 | |Study Period |Period 3 (2006) | |Subject
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Introduction In 1892‚ Lord Esher in Willis V Baddeley has said that “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 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
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NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL An Analysis of Sonu v. State of M.P. (MANU/MP/0088/2010) Submitted by:- Anugrah Pratap Singh Rajawat Roll No. – 2010 B.A.LL.B. 11 Enrolment No. – A- 0961 1st Trimester Table of contents S. No. Page No. 1. Introduction…………………………………………… 3 2. Concrete facts of the Case…………………………… 4 3. Material facts of the Case…………………………….. 5 4. Immaterial facts of the Case………………………….. 6 5. Concrete Decision
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AS LAW Module 1: Law Making & The Legal System Past Exam Papers & Mark Schemes 2012/13 This handout includes all past papers and mark schemes to date on the new specification. You should use them to help with your revision as the best way to revise is to test yourself. ------------------------------------------------- Things to note: * ------------------------------------------------- There are no mark schemes available for the May 2012 and January 2013 papers. You
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PERSONNEL PSYCHOLOGY 1997‚ 50 EXPLAINING U.S. COURTS OF APPEALS DECISIONS INVOLVING PERFORMANCE APPRAISAL: ACCURACY‚ FAIRNESS‚ AND VALIDATION JON M. WERNER‚ MARK C. BOLINO Department of Management University of South Carolina Accuracy and due process perspectives were used to extend policycapturing research concerning employment discrimination case law. TWo-hundred ninety-five usable U.S. Circuit Court decisions concerning performance appraisal were located from 1980-1995. In both chisquare
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Case Report Worksheet Case name including citation? Fisher V Bell [1961] 1 QB 394‚ [1960] 3 WLR 919‚ [1960] 3 All ER 731‚ HKSAR V Chow Kwong Chun (unrep.‚ HCMA No 836 of 2001) and HKSAR V Wan Hon Sik [2001] 3 HKLRD 283 were cited in the judgeme Is it a civil case or criminal case? It is a criminal case as Yu Wai Chuen was charged by HKSAR. Who are the parties? The plaintiff (prosecutor) was HKSAR and defendant was Yu Wai Chuen. This was an appeal by Yu Wai Chuen against HKSAR (respondent).
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P6: Binding Precedent: A precedent from an earlier case that must be followed even if the later judge doesn’t agree. When a higher court makes a decision‚ it is a binding that all courts who are lower. R V DUDELY and Stevens (1884): The two shipwrecked men kill and ate the cabin boy‚ later both men were convicted to murder. The ratio Decidendi: The ratio Decidendi is binding on lower courts and stands in contrast to obiter dicta. The court gave three reasons for refusing a defence of necessity
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Task 3 Report or essay format What is judicial precedent How do judges avoid judicial precedent What are the advantages of judicial precedent What are the disadvantages of judicial precedent MERIT: Find out how a proposal for a new law becomes a bill Understand what a ‘green paper’ and a ‘white paper’ are Learn the differences between a public bill and a private bill Find out about the different stages that the bill has to pass through‚ such as first‚ second and third reading Find how a bill is
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