Stare decisis

Prior to receiving feedback 30.Which of the following should be considered when determining the channel of communication? a. When it will be delivered b. x The content of the message c. Whether you want to avoid conflict d. Who is delivering the message Objective: Create effective messages. 31.How many key ideas should the specific purpose of the message include? a. Three b. Seven c. Five d. x One 32.Your main points should establish a direct connection with the a. x…

‘In truth the judges ought not to blame the draughtsmen overmuch. They ought to blame themselves or their predecessors in their judicial seats.’ Introduction There seem to be two main characters at the start . As such, it is apposite that I briefly outline how the role of draughtsmen and judges interplay in the common law system. Essentially, draughtsmen drafts statutes according to the purpose of parliament and judges interpret the statutes and apply it to the case before them. I will explore…

Declaratory Theory Is A Fairy Tale Blackstone proposed the declaratory theory, namely judges are ‘not delegated to pronounce a new law, but to maintain and expound the old one’. Lord Esher’s judgment in Willis v Baddeley contended that judges ‘frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable.’ They believe that judges’ role is just to discover law and apply it to different circumstances. However…

His triumph, ceaselessly setting up the right of the underprivileged to advocate in criminal act cases in America, was one of the milestone cases of the Warren Court. The book, Gideon’s Trumpet has been penned down by the author in order to call to mind the old times behind the Gideon v. Wainwright court case and the ways in which it made such an everlasting impact on the laws of the United States. This exceptional book scrutinizes the case Gideon v. Wainwright, the milestone 1963 Supreme…

A rational’s approach, to achieve this, would be to have a clear mind like a blank sheet and clear all preconceptions. In this way, the society will be a ‘tabula rasa’ i.e. it starts afresh by clearing the old fallacies, preconceptions and prejudices aspiring to achieve good laws by training and tempering the ‘empty mind’. Since a rationalist’s mind is skeptical his political approach is the “assimilation of politics to engineering.” Thus, a rationalist would be an engineer who revamps the…

Chong also faces challenges with regard to the differences of culture between Malaysia and his home country, China. Research shows that individuals from different cultures may face challenges in understanding the behavior and values of others in the host country. Thus, this can cause a cultural clash (Tahir & Ismael, 2010). However, China and Malaysia are culturally close, so it can be expected that Mr. Chong adjust more easily than if he were to do business in countries with more cultural…

INTRODUCTION The North American Free Trade Agreement (NAFTA) came into force on New Year’s Day 1994. The signatory members are the United States, Mexico, and Canada. While the purpose of NAFTA is to promote investment in those regions, the treaty does not confirm if water is a saleable good. The text fails to mention the word “water,” but nor does it expressly prohibit transactions involving the natural resource. This terse dichotomy leads to the following issue. The issue is whether…

Within the United States of America, the death penalty is a continued controversy practice. The United States practices capital punishment on a state level; there are thirty-two states with the death penalty. Therefore, despite the ongoing battle to abolish the death penalty, majority of states comprehend the sentence as a necessary punishment to certain crimes committed within each state. In Texas a person can be sentenced to death row even if the criminal is not responsible for the actual…