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Free research essays on topics related to: precedent

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  • Civil Action Drinking Water
    1,272 words
    In 1979, two wells supplying the drinking water for the small New England town of East Worburn, in Massachusetts, were found to be dumping industrial solvents. At this same time in Massachusetts, there were other investigations of industrial dumping. The residents of Worburn had long been concerned about their foul-tasting drinking water and the unexplained high incidence of leukemia deaths of the young children in their community. Anne Anderson, a mother whose son Jimmy died of leukemia in 1981...
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  • Dred Scott Decision Dred Scott Case
    2,470 words
    ... ely on simply a paragraph not even written by one of the Court's justices. The "Republican assault" began as early as March 7, the day after Taney read the majority opinion, when the New York Tribune pronounced that "The decision, we need hardly say, is entitled to just as much moral weight as would be the judgment of a majority of those congregated in any Washington bar-room. " The Chicago Tribune added on March 12: We must confess we are shocked at the violence and servility of the Judicia...
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  • Fact Pattern Case Fact Pattern Embryos
    484 words
    Laws are designed to protect all citizens, even though they are not clear when it comes to deciding on what happens to couples' embryos. The judge, in the fact pattern case, is torn because the parents want different decisions. He also has to remember that he will be setting a legal precedent for which other cases will be based on. The decision will be ridiculed no matter the outcome. The embryos should not be destroyed because every living thing has the right to life, there are numerous loving ...
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  • Granger V Gough Invitation To Treat Offer
    1,293 words
    ... Community are slightly different. Although it seems odd that a shop would not want to sell its stock the English legal system is designed to achieve consistency even if it has to distort the persons actual intent. This produces oddities such as Partridge v. Crittenden (1968) where a newspaper advert to sell wild birds was found to be an invitation to treat not an offer to sell so the defendant escaped prosecution under the Protection of Birds Act (1954). A key point in the original Granger v...
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  • Welton Academy Teaching Methods
    1,192 words
    Was Keating a good teacher? How do you explain his appeal to the boys? When considering the context of Dead Poets Society, it quickly becomes evident that Keatings classes are unconventional for such a conservative high school such as Welton Preparatory School. The film is set in the second half of the 1950 s and in rural America. The Hilton Preparatory School is an exclusive private school with a strong sense of reputation and tradition, and the schools success is based on rigid educational sys...
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  • Cruel And Unusual Hundreds Of Years
    1,365 words
    One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decision) was founded hundreds of years ago as part of our common law. The literal translation of stare decision is 'that like cases be decided alike. ' Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree, there are precedents for any type of cas...
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  • Supreme Court Ruled One Man And One Woman
    1,440 words
    Same Sex Marriage Same sex marriage is considered to be one of the most controversial and debated issue during the last two decades, extending its polemics beyond from societal to political level. The majority of gay and lesbian communities fight for same sex marriage arguing on the basis of their civil rights and ones of heterosexual couples. However, on the other hand same sex marriage is considered as a social deviation from middle class issues, and thus contradiction to just like everyone el...
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  • Supremacy Clause Fair Trial
    2,339 words
    MEMORANDUM OF LAW TO: Professor [] FROM: [your name] DATE: September 25, 2006 RE: Sally Stratmore Appellation INTRODUCTION The current lawsuit was brought by the State of Texas against the appellant Sally Stratmore, in connection with carrying 29 grams of cocaine and other violations. Appellant Sally Stratmore, timely appeals her convictions in driving a red light with broken taillights, in attempt to escape, and, finally, in conviction for carrying 29 grams of cocaine. Appellant was convicted i...
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  • Pleasure And Pain Detrimental Effects
    1,351 words
    Mills Utilitarianism: Sacrifice The Innocent For The Mills Utilitarianism: Sacrifice The Innocent For The Common Good? Mills 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 consequential ist issues wh...
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  • Supreme Court Executive Branch
    931 words
    Marbury V. Madison As the government was newly establishing its stronghold on the nation, forging its way to a powerful republic and instituting precedents for the future, a struggle to preserve the foundations of American Society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the? edifice of the National Government? believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists to th...
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  • Cause And Effect Distinct Ideas
    2,063 words
    What Came First: The Chicken or the Egg? David Hume moves through a logical progression of the ideas behind cause and effect. He critically analyzes the reasons behind those generally accepted ideas. Though the relation of cause and effect seems to be completely logical and based on common sense, he discusses our impressions and ideas and why they are believed. Humes progression, starting with his initial definition of cause, to his final conclusion in his doctrine on causality. As a result, it ...
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  • House Of Lords Lower Courts
    497 words
    Judicial Precedent Essay plan Intro Say what precedent is: ? Stare deceit et non quiet more? = Stand by what has been decided and do not unsettle the established. Which means a decision made in one case is binding on all following cases of similar fact in lower courts. Then say: there are 3 main principles involved. (1) Ratio Decided = the reasoning behind the judges decision. This is the binding element of a judgement / case (2) Reliable system of law reporting: there are thousands of cases eac...
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  • House Of Lords Court Of Appeal
    1,082 words
    ESSAY: a) Explain and illustrate the operation of the doctrine of judicial precedent. b) How far is it true to say judges are bound by decisions in earlier cases? A) Judicial precedent is where the past decisions of the judges create law for future judges to follow. English precedent is based on the Latin, stare decision, meaning stand by what has been said in the past. This allows the rules system to be consistent: like cases treated alike, and it is just, as people can decide on a course of co...
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  • United States Government Mental Institution
    1,289 words
    The Constitution of the United States of America divides the central government into three distinct branches. Article I of the Constitution defines the large law-making body of the United States as Congress. Congress is bicameral, which means that it has two separately acting parts or houses. These two houses are the Senate and the House of Representatives. These bodies of elected officials do their respective business in the Capitol Building. Congress is also referred to as the Legislative Bran...
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  • Social And Political Traditional Beliefs
    1,439 words
    Judges exercise judicial power. They play an integral role in the judicial process, as they apply the law and in some cases create the law. While doing this they must take consideration of current political, social, moral and economic considerations and adhere to a certain consensus of society. The role of the judge is taken for granted by many people who view their role as an administrative one. Judges, especially those of the Supreme and High Courts are under extreme pressure and do not just d...
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  • Pleasure And Pain Detrimental Effects
    1,318 words
    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 consequential ist issues which utilitarianism requires be weighed when making moral decisions. Utilitarianism attempts to solve both of these difficulties by appealing to experience; however, no method of reconci...
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  • Pleasure And Pain Detrimental Effects
    1,310 words
    Mills 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 consequential ist issues which utilitarianism requires be weighed when making moral decisions. Utilitarianism attempts to solve both of these diff...
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  • Individual Identity Bar Association
    1,945 words
    Summary of law: Rules By, or for, society Opposite of anarchy Provide benefits (stability, fairness, protection) Common will or elite design Enforced by coercion (punishment) Allocates resources Is a special process Involves certain people to carry it out Weber Law Law is a set of rules Laws are punishable; they can be enforced through coercion Laws are enforced by persons assigned to this job Laws are given consistency and predictability through courts Rational Law What weber s definition is kn...
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