Obiter dictum

notice. The most contentious issue of this case is when Pam chases Sally into the side of the house. The court found in Halliday that “the path or driveway is … the bridge between the public thoroughfare and his or her private dwelling which a passer-by may go for a legitimate purpose”. However, this does not extend to other parts of the property. In Pam’s case, despite having a legitimate purpose of chasing Sally down, is outside the bounds of the judgement and thus can be considered trespassing. As a result, it seems Pam is trespassing on Jake’s property. She may raise the defence that she had to chase Sally or else Sally may injure herself or the property. However this is not covered in the judgement except as part of the obiter dictum regarding an “errant child”. Overall, it seems the court would agree that Pam had a license to enter the land to chase Sally into the driveway. However once she entered the side area of the house she was no longer protected by the implied license granted in Halliday. As a result there is prima facie case for the tort of trespass. However a lower court may consider the necessity of Pam’s trespass in recovering Sally as she may cause further injury to the property or herself, and as a result there court may find her not liable to trespass.…

happened before and also a legal theory created by a court which pursuant to cases with similar issues or facts may help judges on future cases. Sometimes we also call it as authority. Judicial decision also known as case law and also contain res judicata, ratio decidendi and obiter dictum. When judge wants to make decision, they will follow the previous cases if the fact of the cases is sufficiently similar regarding the doctrine of judicial precedent. When there is no previous precedent, the…

Ratio of the case: [16] ‘The forging of academic transcripts by legal practitioners is, for obvious reasons, serious professional misconduct”. It is unambiguously clear that to maintain professional conduct as a legal practitioner, that in fact all academic transcripts must be legitimate and must be obtained correctly. Therefore, if a legal practitioner has falsified legal documents they are not adhering to the Legal Practitioners Act 1981. Statement made in obiter dictum: [19] “The…

Although, it is just an obiter dictum from Georgia court and is not binding on any court, even if, Texas court find it convincing, Vega's situation is distinguishable from Holcomb. Because in Holcomb, the owner noticed that the saddle is beginning to loosen which gave him an immediate knowledge of possible danger but he failed to retighten it. Unlike in Vega's case, there is no evidence which may show that Jones noticed anything wrong which may give him a knowledge that injury could occur or…

statement is an obiter dictum that holds constitutional significance of the right to privacy. Especially given that there is a high expectation of privacy in someone’s home. In other words, to what extent should the government be allowed to collect personal information of its citizens. Although it is evident that Tessling broke the law, the method of seizure was found to be unlawful and a serious intrusion on his privacy rights according to Abella J.A (pg. 439). The search and seizure was,…

first present the question, “at the time of the arrival of the British, did Indigenous Australians have sovereign power over their lands? If so, was the doctrine of ‘terra nullius’ which had been used to settle the continent incorrectly applied? Mabo v Queensland (No. 2) (1992) came out with an outstanding conclusion, held at a judgement by a majority of six to one, where the initial claim of terra nullius was invalid at the time of European settlement. The courts’ held that the doctrine was…

principle to be applied was that a rapist remained a rapist subject to the criminal law irrespective of his relationship with his victim . This decision was made in the Court of Appeal and influenced the House of Lords to develop the law. Marital rape is now unlawful in the UK. The principle of Stare Decisis (let the decision stand) is applied to judicial precedent. This principle establishes that a judge must follow a previous decision in a case where the material facts are the same or…

Daniel case, he works as a mixologist at Ricardo’s Ristorante and bar. He often works on a Friday night although he turns down work from his restaurant if he is offered better paid mixologist jobs at other bars. He receives payments from the clients and not from the restaurant. These all facts prove that the restaurant has no obligation to provide work and payment to Daniel as he is a self-employed. According to ratio-decidenti of Stringfellow case, Daniel may not be classed as an employee…

would strongly suggest that parliament is still firmly in the driving seat as to what decision they make in terms of staying or parting company with the EU. However there is no way for them to have the best of both worlds they cannot be sovereign whilst still being in the EU and they must abide by EU law, parliament cannot pick and choose the provisions of EU law that they wish to follow and which not to follow. In its simplest terms they cannot have a specific set of rules that applies solely…

marriage. Both acts differ in what needs to be done in order to attain the status of marriage in the Commonwealth. The Marriage Equality Act is looking for marriage equality for same sex couples. It was found that the Act must reference legal content given to it as well as consequences to the status rather than the description of it. While the Marriage Act contained negative propositions and regulations of marriage, which govern the whole domain for juristic classification, the Marriage…