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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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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Part 1. Judicial Precedent “Stare decesis et non quieta movere” – roughly translated means “Stand by what has been decided and do not unsettle the established” - This is the main legal principle‚ which judges are obliged to follow the already set-up precedents‚ established by prior decisions. This means that a decision made in one case can be binding on all following cases under similar circumstances. The principle of stare decisis consists of two components. The first is the rule that a decision
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Advantages and Disadvantages of the jury system Advantages of the Jury System Long established trial by peers which has public confidence Lord Devlin‚ a famous House of Lords judge‚ has said that trial by jury is the “lamp that shows that freedom lives”‚ arguing that a defendant has the right to be tried by his peers. Supporters of this view maintain that a jury will exercise common sense rather than slavishly follow the law. For example the case of R v Wang W was charged with having an article
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Washington established precedents that would shape and define the future of the Executive Branch. His precedents defined the role of government and the image the people had of the presidency. In this essay I will discuss four precedents that I believe to be the most important and influential to the presidency of America. The first precedent I believe to be important is the organization of the Executive Branch. Washington relied on the advice of the department heads. This set the precedent of including the
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As the First President of the newly created United States of America‚ much of what George Washington did‚ would set the stage for future presidents. Here are some of the precedents set by George Washington during his time in office o Established the Cabinet within the Executive Branch by appointing Thomas Jefferson Secretary of State and Alexander Hamilton Secretary of Treasury‚ a body that was not outlined within the Constitution. o Supported innovative fiscal concepts such as the Bank of America
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10. Sources of precedent phenomena. The sources: 1) Folk tales – contains specific plot‚ heroes‚ situations‚ names and places that are passed on from generation to generation: (Br)The Three Little Pigs‚ Jack and His Friends etc. They define the national mindset. (- Ogres are legendary being which are usually depicted frequently featured in mythology‚ folklore‚ and fiction throughtout the world. Ogres appear in many classic worls of literature‚ and more often described in fairy-tales and
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Institutions Essay Title: ‘Judicial precedent is best understood as a practice of the courts and not as a set of binding rules. As a practice it could be refined or changed by the courts as they wish.’ Discuss Judicial precedent is a judgment or decision of a court which is used as an authority for reaching the same decision in subsequent cases. In English law‚ judgment and decisions can represent authoritative precedent (which is generally binding and
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The doctrine of judicial precedent has been at the heart of the English legal system being a form of certainty for judges to follow long standing precedent which in fact‚ only slowly evolved and nurtured. Judicial precedent refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. However‚ there have been occasions where the Court of Appeal departed from the decisions of the House of Lords this has been
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The Truman Doctrine and the Development of American Foreign Policy during the Cold War On March 12‚ 1947‚ President Harry S. Truman defined United States foreign policy in the context of its new role as a world superpower. Many historians consider his speech to Congress as the words that officially started the Cold War. The Truman Doctrine was a major break from U.S. historical trends of isolationist foreign policy. His speech led to the Cold War policy of containment. Moreover‚ it served as a
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