The Strengths And Weaknesses Of Case Law Law Essay

The Strengths And Weaknesses Of Case Law Law Essay From using theory of doctrine of judicial precedent, I can conclude that using case law as a source of law brings more advantages than advantages. There are many strengths and weaknesses which we can identify from it. Based on using judicial precedent principle, it can bring us uniformity which means everyone is treated equally due to the bound decision made by the judges previously in similar situation to the future cases. Since it is bound by the pervious case, and thus same decision will be made and equal punishment will be punished for those who loss the case bases on the past cases. Example like Balfour case  [1]  and Merrit case  [2]  , where the decision made in Merrit case is bound to the Balfour case. It can be used by lawyers as a reference to create certainty which allow them to advice their client for the probability of winning and losing a case by forecasting the predictable result of the case based on the binding result of the previous case. The predictable result and probability of losing a case allow the client to settle it with privately with peace. If the probability of winning a case is higher, it satisfy the client with higher confident. Example for Balfour case and Mer rit case, since there are similar case occurred in the past, the lawyer can actually based on the previous case advice Miss Merrit about the percentage of winning the case. Furthermore, using case law as a source of law enables the judgment of the case to be settling in short period because of the binding precedent which is much more efficient. Shorter period of settling a case will reduce the legal cost paid by the client. Example for Balfour case and Merrit case, since there are similar facts between both cases, therefore less time and cost needed for judging that case. Using binding precedent concept, it totally avoid discrimination whereby the The personality of judges will not influence the outcome of dispute in court as the decision made by the judges is bound to follow previous decisions. Whether they are discrimination between the judges towards the plaintiff or defendant, the judges still have to follow the binding decisions. Example for the Merrit case, if the judges know the plaintiff, the decision made will be still bound with the Balfour case. This can provide a fair judgment of case for either defendant or plaintiff. Moreover, if there are certain case with are unbinding, this can provide the opportunity for the judges to create and modified new rules. If the previous rules made canà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢t meet the new circumstances and the changing need of society, new rules can be created or modified by appealing the cases to the Court of Appeal. Example of case Donoghue v Stevenson  [3]  which creating the new principle of neighbor to clarify the duty of care in more details compare to previous case Heaven v Pender  [4]  . By using judicial precedent concept, it can minimize the mistake made by the judges since they can use the similar case as guideline for them to judge the case. This can reduce the possibility of judges making mistake and contribute to the fair judgment of case. Last by not least the most important advantage is that the decision made are unusually practical and workable in nature because it is based on real problem, real people and real situation which is unlike the legislation created by the Parliament which not all the decision are practical and workable in nature. Everything must have their weaknesses behind of the strength. Judicial precedent is good but something it can be rigidity too which means not flexible. If there are similar case occurred in the past, we have to follow the first precedent although which may sometimes cause hardship. There is no flexibility to change the first precedent once it is created. Although the decision is bad, it is binding until it is overruled. Example of case Donoghue and Stevenson which the plaintiff unable to successfully sued the defendant if plaintiff did not make appeal to the House of Lord to overruled the decision. There are too many cases occurred in the past. It is bulky and complex for the lawyer to learn all the case law since there are too many cases occurred in the past. If similar case occurred, the lawyer has to analyze many factors that are different from the first precedent in order to overruled it and win in the case. The nature changes rapidly. We have understood that the judicial precedent is practical in nature. However, the rapid changes in the nature which are too difficult for the body of case law to grow quickly enough to meet the modern demands. If there are new points in case law and which have the potential to overrule the first precedent, the case must be brought to the court of appeal. There are a lot of procedures that have to be done before appealing and thus it cannot be change in the short term period. Example of case Donoghue v Stevenson, the procedure is too long for the plaintiff to make appeal to the Court of Appeal and even House of Lord, the defendant died within the period, and the case was closed. The judicial precedent system depends on the litigation and litigation tends to be slow and expensive since there are many procedures have to be done. Moreover, from the judicial precedent, we know that only the ration of case is binding in a case. However, the problems are that s ometimes it is difficult to check it out which it is the ration decidenti and which the obiter dictum of the case is since we know that obiter dictum is only comments from the cases and it is only for references purpose. Citation: Business Law lecture notes http://sixthformlaw.info/01_modules/mod2/2_1_1_precedent_mechanics/08_precedent_advantages_dis.htm

What I have Learned about Myself Essay -- Law College Admissions Essay

I can remember sitting in class, feeling eyes burning through me, dodging inquisitive glances from all sides, and anxiously awaiting the bell to ring for lunchtime. As most people know, lunch is the most dreaded part of the first day at a new school. First day of school memories are still fairly vivid for me; my father was in the JAG corps in the Army and my family moved with biannual regularity. In fact, I even attended three different high schools. While this may seem highly undesirable to some, I learned an incredible amount about myself, the world, and other people through moving that I may never have learned otherwise. What I have learned about myself and the world will without a doubt contribute to my success in life and even law school, but what I have learned about other people is of greatest relevance to studying and practicing law. Â   Not wanting to sit in the cafeteria alone is a strong motivation for almost any child to try to adapt to his/her new environment as quickly as possible. It has been my experience that observation, i.e. listening and noticing d...

Bylaws of Natural Health Essay

Section 1: Membership shall consist only of the Director/President, Jason Wilson. ARTICLE III – AMENDMENTS Section 1: These Bylaws may be amended when necessary. ARTICLE VI Restrictions on Actions 1. All the assets and earnings of the Corporation shall be used exclusively for its exempt purposes, including the payment of expenses incidental thereto. No part of any net earnings shall inure to the benefit of any employee of the Corporation or be distributed to its Directors, officers, or any private person. 2. Notwithstanding any other provision of these bylaws, the Corporation will not carry on any activities not permitted by an organization exempt under Section 501(c)(3), Internal Revenue Code, 1986, or the corresponding provision of any future federal law, or organizations whose contributions which are exempt under Section 170(c)(2), Internal Revenue Code, 1986, or the corresponding provision of any future federal law. The Corporation shall have no capital stock, pay no dividends, distribute no part of its net income or assets to any Directors, Officers, and private property of the subscribers, Directors or Officers shall not be liable for the debts of the Corporation. 3. No substantial part of the Corporation’s activity shall be for the carrying on of a campaign of propaganda or otherwise attempting to influence legislation. The Corporation shall not participate in any political campaign, will not engage in political campaigns or attempt to influence legislation or interfere with any political campaign on behalf or in opposition to any candidate for public office. 4. In particular, but not without limitation of the generality of the foregoing paragraph, during such time as the Corporation may be considered a private foundation as defined by Section 509(a), Internal Revenue Code, 1986, or the corresponding provision of any future federal law, it shall not: A. Fail to distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942, Internal Revenue Code, 1986, or the corresponding provision of any future federal law. B. Engage in any act of self dealing as defined in Section 4941(d), Internal Revenue Code, 1986, or the corresponding provision of any future federal law. C. Retain any excess business holdings as defined in Section 4943(c), Internal Revenue Code, 1986, or the corresponding provision of any future federal law. D. Make any investment on such manner as to subject it to tax under Section 4944, Internal Revenue Code, 1986, or the corresponding provision of any future federal law. E. Make any taxable expenditures as defined in Section 4945(d), Internal Revenue Code, 1986, or the corresponding provision of any future federal law. These bylaws were adopted on July 30, 2012. Jason Wilson, President

Theu.s. And Texas Constitutions Essay - 1005 Words

The people of Texas have seen many changes to state government since receiving their independence from Mexico. The state has been governed by six different constitutions. The most recent was written during the Constitutional Convention of 1875, and adopted February 15, 1876 by popular vote. This constitution contains sixteen articles, and four hundred eighty-three amendments. Throughout thus essay, the role of the state constitution will be examined along with a comparison of the U.S. and Texas Constitutions, and rationale for a potential rewriting of the document. Every state in the Union has created and implemented its own constitution. These constitutions provide the legal framework by which government operates. They also identify the specific role of government, and endow it with certain powers and authority. A constitution also creates a system for how power is to be delegated and distributed through the creation of branches and individual offices. Along with the authority it pr ovides, constitutions create limits on this power of government, and establish checks and balances to further limit the scope of each individual branch and officeholder. Most importantly, constitutions provide unalienable rights to citizens that cannot be refused, or abridged by government. Each state’s constitution is different, however, all of them serve these functions, in order to, create a lasting government that acts in the best interests of its citizenry. The U.S. Constitution was

Essay on Arthur Mervyn - 1028 Words

Charles Brockden Browns novel, Arthur Mervyn, has been read by people across America from the late eighteenth century up until today. Brown targeted many audiences in this novel but there is one in particular that not only had an impact on people then, but can still captivate many in todays society. That specific group involves people who are fighting an incurable illness, such as the Yellow Fever, as described in the book. Although it was written in the late 1700s, people in the twenty-first century can still relate to the characters in the book, and understand what they were feeling at that time. The goal of this paper is to show that Browns main intended audience was towards the incurably sick and that even over two hundred†¦show more content†¦I felt as if I inhaled a poisonous and subtle fluid...some fatal influence seemed to seize upon my vitals; and the work of corrosion and decomposition to be busily begun (144). People often times make assumptions about things when they dont really know what is going on. This is still the case in todays time, when people assume the cause is one thing when it could be something completely different. Mervyn seemed to know at this point that he was destined to die. Most of the fever victims had no hopes of living once they contracted the illness. He later found sanctuary in the home of Welbeck, in hopes of breathing his last there, stating, All I sought was the privilege of dying alone (182). The Yellow Fever is no different than many incurable diseases that we are fighting in todays society, such as AIDS, Hepatitis AB, Herpes, certain Cancers, Ebola and the Killer Flu. When a person contacts some incurable disease, they must learn to live the rest of their lives with it, no matter how long that may be. Victims of these diseases can read Arthur Mervyn and relate to the way that the victims of the Yellow Fever felt; the only thing left to look forward to in life is death. Scientists today still havent found cures for so many of these diseases, just like the physicians in ArthurShow MoreRelatedSummary Of The Family Notebook 2051 Words   |  9 PagesCharacterization of Noel Kegalle (i) – includes descriptions of the author’s grandfather, Phillip. There are a series of things mentioned that are primarily in their family like liquor, diabetes, and hot tempers. †¢ More characterization of the author’s father, Mervyn Don’t Talk to Me About Matisse: It is a combination of multiple writing styles including journal entries and poems. Dives into cultural aspects of Ceylon. Tabula Asiae – describes the false maps of Ceylon that Ondaatje’s brother has in his room andRead MoreRunning in the Family3954 Words   |  16 Pagesnarrative together in an orderly fashion. 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19th and 20th Century of Europe - 932 Words

Europe in the 19th and 20th centuries Introduction During the 19th and 20th century, Europe witnessed its so-called demographic transition, with a fall in birth rates and an even greater fall in mortality rates, which led to a rapid increase in the population. The demographic transition was essentially a result of a decrease in chronic infectious diseases like tuberculosis, syphilis, diphtheria, measles, dysentery, and typhoid fever. The wage dispersion evidence suggests that the middle of the 19th century is an appropriate date for the start of modern convergence in the Atlantic economy. One might view this convergence as one of transition toward globally-integrated Atlantic factor markets. The convergence in wages from about 1854†¦show more content†¦And while restrictions on farm imports are still prominent in Europe today, OECD farm sectors are far too small to matter economy-wide to the extent that they did a century ago. 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Matt Van Noy Essay Example For Students

Matt Van Noy Essay History Pd. 69-26-03Dear Father,This is your son, Bonswaga. As you know, I am now settled inMesopotamia. Hammurabi, the leader here, has made certain laws and rules tofollow by, along with severe consequences. This is what I wanted to writeto you about. There may be simple laws, and if you do not follow them,there are severe consequences, for example, just to tell if one is innocentor guilty, you must lick a smoldering hot iron spoon!One law has to do with stealing animals and I quote, If a man hasstolen an ox, a sheep, a pig, or a boat that belonged to a temple orpalace, he shall repay thirty times its cost. If it belonged to a privatecitizen, he shall repay ten times. If the thief cannot pay, he shall be putto death. Now, to me, that is a very serious consequence. Another law says, If a woman hates her husband and says to him,You cannot be with me, the authorities in her district will investigatethe case. If she has been chaste and without fault, even though her husbandhas neglected or belittled her, she will be held innocent and may return toher fathers house if the woman is at fault, she shall be thrown intothe river. To me, just for not wanting to be with someone, one should notbe thrown into the river for such an insignificant thing!I may wish to come back in the next few months or so, especially ifit gets too strict around here. In fact, I am not sure if I am allowed toeven write this letter, I might get my fingers chopped off or something, soI must end this letter now. Your son,Bonswaga