Precedent

Common law it represents the whole of the United Kingdoms legal systems , which is made by judicial decisions in court, English law is based on common law,for instance common law was initially developed from case law based systems Common law is legal precedent that is made by judges sitting in court. Unlike statutory provisions, which are laws that are Acts of Parliament, the common law system is ever changing. Trial by jury would be a characteristic of common law, for example, the judicial…

Original and appellant jurisdiction are both major factors in court cases. There are several key differences between the two however. Original jurisdiction is held by the court that hears a case first, usually a district court. Appellant jurisdiction is held in the circuit courts and is so called because a case can be appealed to the circuit courts to judge if the defendant’s due process right was violated or not. As mentioned previously, district courts hold original jurisdiction, but they only…

United States judiciary system operates within the context of three primary sources of the law (Patterson, 2013, p. 370). The first is the U.S. Constitution; it is the nation’s highest law, judges and justices are under oath to uphold it (Patterson, 2013, p. 370). Furthermore, when a case is presented concerning issues about the U.S. Constitution, the court must apply the Constitution to that particular case (Patterson, 2013, p. 370). Secondly, you have the Statutory Law, which is the…

Dworkin on Judicial Discretion in “Hard Cases” Lu Zhao Boyu (Bozy) | A0127866R In the standard courtroom, one could reasonably expect the judge to be the one responsible for the holding of a case. However, does and should the judge exercise his own discretion when deciding cases? Prominent legal theorist H. L. A. Hart claims that judges do exercise discretion, especially in “hard cases”, where there is no pre-existing or unambiguous rule. To this matter, Hart’s brilliant student Ronald Dworkin…

history of equity, where common law is widely discuss and debates, the same should also apply to equity. At the early stage of equity it seems that common law and equity principle are very differ in principles where the common law seek justice through precedents, equity thrive by its own set of principles, one of its principle is to judge a case by case basis. Based on English law history it all started after the Norman Conquest, the King then hold the power of justice as all source of law was…

Stare decisis is a doctrine or strategy of subsequent regulations or principles laid down in previous legal decisions. It is the explanation that maintains that previous decisions which are to be followed by the courts. This strategy dictates that the court must abide or adhere to decided cases. Stare decisis is a legal rule which dictates that courts cannot disrespect the standard. The court must endorse prior decisions. In essence, this legal principle dictates that once a law has been…

Intelligence of AI While AI is a program and can be altered, it has the potential of being equal to or greater than a human, not only in intelligence, but in "reproduction" rates. There is also no guarantee that their thinking will be human-like or have any kind of moral basis, making them unable to sympathize with events or cases. While their lack of morals and human-like thinking will lead to a lack of bias, it can also lead to other mistakes a human would not normally make, as their thinking…

I. THE THIN SKULL RULE AND THE FAULT: The Thin Skull rule is considered in the element of causation. However, due to the flexible attitude of the courts and case law (S v Van Den Burg) that has considered the foreseeability theory in legal causation. It can be said that the rule traverses a very thin line between causation and fault, specifically strict liability. The distinction of the thin skull as a ‘magic circle’ by Dean Prosser: “It is as if a magic circle were drawn about the person,…

Accountability is an essential part of the rule of law. It is essential for another reason, as in the earlier editions of Dicey, of course modified in later editions, referring to John Wilkes's case, that "conferment of any discretion tends to arbitrariness and therefore there is something inconsistent with the rule of law." But then, as time passed, it was realized that conferment of some discretion for the purpose of application to the facts of a given case is something you cannot do away with…

The Conquest in 1492 brought a number of changes to Latin America. In particular, art in New Spain was largely influenced by its European counterparts. As a result, a number of artists were trained in European painting styles. Miguel Cabrera had this upbringing in the art world. In this paper, I am going to examine the composition of his painting Don Manuel Jose Rubio y Salinas, Archbishop of Mexico (Fig. 1), along with providing information about the subject. I am also going to address how…