advantages and disadvantages of delegated legislation as a form of law making. (10 marks) Topic: Judicial Precedent 1 0 Briefly explain hierarchy of the courts and ratio decidendi. (10 marks) 1 1 Briefly explain how‚ and when‚ judges can avoid having to avoid a precedent: by overruling a precedent and by distinguishing a precedent. (10 marks) 1 2 Discuss advantages of judicial precedent. (10 marks) Topic: The Civil Courts and other forms of dispute resolution 1 3 Sarah has been seriously
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similar previous decisions can be consulted to guide and justify the conclusion reached in the instant case. Whereby a judge in a lower court is aware of a decision of a higher court which sets precedent in an analogous case‚ then this previous decision must be followed‚ and it is this element of binding precedent which is distinctive within the English system. for example if a new statute has been created by parliament‚ which regulates the activities of estate agents and a dispute arises concerning
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Simpson is uncertain how he should market the pads in order to reach potential influencers and cust omers. Furthermore‚ there are no precedents for advertising or promoting this product line. More i mportantly‚ Simpson must determine a price for the product‚ as he has promised to call Colerick Foun dation Company by the end of the week. Effectively pricing these pads and following a well defined market strategy could place CMI as a perennial market leader. The successful development of the new
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legislation and judicial precedent. (B)Using appropriate cases‚ explain three judicial rule of statutory interpretation. Introduction The English law system is one of the major European legal systems which strictly formulated by different procedures. At present‚ it has spread and implement in many other countries such as Canada‚ Australia‚ and New Zealand. This essay would discuss the three main sources of law‚ which are Acts of parliament‚ judiciary precedent and statutory interpretation
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Answer 1(a) Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law
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Stare decisis is one of the most important doctrines in common law. It is the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty‚ consistency‚ and stability in the administration of justice.1 More specifically‚ it has been defined as "to stand by decided cases; to uphold precedents; to maintain former adjudications."2 In Latin‚ the term translates to "to stand by that which is decided." As practiced in the United States‚ the rule of stare decisis
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There is no concept so central to philosophy than Reason. It is reason that is the very focal point of all discovery and knowledge‚ for a philosopher to achieve any kind of enlightenment without the use of reason is impossible. Reason is‚ arguably‚ that which separates man from beast‚ that consciousness and ability to analyze and comprehend. It has been through reason that societies and governments have been created: our own through the reasoning of our founders utilizing the reasoning of John
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Mill’s Utilitarianism: Sacrifice the Innocent For The Common Good? When faced with a moral dilemma‚ utilitarianism identifies the appropriate considerations‚ but offers no realistic way to gather the necessary information to make the required calculations. This lack of information is a problem both in evaluating the welfare issues and in evaluating the consequentialist issues which utilitarianism requires be weighed when making moral decisions. Utilitarianism attempts to solve both of these
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Introduction Judges do create law in the process of adjudication‚ especially when there are no precedent‚ competing precedents‚ or ambiguous law‚ Such judicial creativity‚ however‚ leads to a potential conflict between the judiciary and the legislature‚ since judicial law-making overlaps with the legislature’s function to enact law. To strike a balance between these two branches‚ self-restraint among judges is crucial. Whenever judicial law-making is unavoidable‚ it must be done subject to strict
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DOCTRINE OF JUDICIAL PRECEDENT Module: Business Law Module tutor: G Arruda Group presentation: Annette Warner‚ Kelley-Ann Lamey‚ Kevin Gyamera 12th November 2012 CONTENTS PAGE • Introduction 3 • What is the EU? 4 • Types of EU legislation 5 • Legislation of the European Union 6-7 • The Supremacy of EU Law 8 • Treaty of Rome – direct effect Case example 9 The Judicial Precedent – Advantages & Disadvantages 10 • What is the Judicial Precedent 11 • Hierarchy
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