Essays on Judicial Precedent

Introduction

There are several options open to Acme Fireworks. As a sole proprietorship, the owner is able to hire employees. The biggest benefit of a sole proprietorship is the easiness of dealing with taxes and the easiness of running the business. There are some drawbacks to being a sole proprietorship, such as the fact that the owner is personally liable for any legal situation that arises through various contracts or business deals (Dishman, 2010). The owner of Acme Fireworks should strongly consider upgrading his sole proprietorship because the business contracts appear like they may be permanent; regardless, as Acme is ...

Introduction

There are several sources of law available in the legal practice, while the role of the judicial precedents is the most important one in the common law systems as the United Kingdom. In fact, all legal systems attempt to follow previously accepted judicial opinions as judicial precedents for creation the similar pattern around the dispute or particular case. In terms of the legal framework existing in the United Kingdom, the notion and nature of the judicial precedent should be considered as this particular jurisdiction is familiar with the doctrine of the binding precedent as the source of law and ...

Statutory interpretation is the process by which courts and judges give meaning to enacted legislation and consequently apply it to a particular case. In the English as well as the Wales legal system, the doctrine of separation of powers prevails whereby Parliament is the supreme law maker. The Executive is charged with the responsibility of implementing the legislation as passed by Parliament while the Judiciary is the final arbiter which interprets legislation as enacted by Parliament. Thus, in tandem with the doctrine of separation of powers, the courts must keep within their ambit and ensure they do not arrogate to ...

The constitution remains emphatic on the need of freedom of speech in a democratic environment. Citizens need the right information to enable them perform their civic duty. The freedom of expression promotes individual self-realization and remains essential in the search for truth (Laraia, 2009). People’s freedom of speech enables them to participate in shaping the public affairs of a country. Failure to provide this right of freedom of speech a free society can fall in a retrogressive regime. Curtailing the freedom of speech can negate them the opportunity of making their contribution in the society. Prior restraint suggests government restrictions on ...

In the history of the United States Supreme Court, there are a multitude of cases that have left an indelible mark in the tapestry of American history, culture, and society. Among these landmark disputes may be found issues as divisive as reproductive health, fundamental economic freedoms, the power of the Supreme Court and, of course, race. Among these, Dred Scott v. Sanford occupies a special place. Often called as the “worst decision made by the Supreme Court”, Dred Scott v. Sanford provided an impetus for slavers to continue an injustice that had existed since the colonial era. By deciding the way ...

The United States Convention on the Rights of the Child (CRC) states that children accused of crimes has the right to fair court trial. Several articles in the convection stipulate fair process in America’s juvenile courts. The due process provides a good framework for judicial hearing that relate to the guilt and innocence of the children. Latest development in the legal fraternity offer techniques that have the capacity to scrutinize the child’s brain. This technique produces detailed images on the child’s brain that respond to different stimuli (Henggeler et al 44). This technology guides the judges and ...

Common law is based on the doctrine of judicial precedent. Judicial precedent is a principle which asserts that a rule made in previous case should be the basis of a legal decision of another case that is similar to it (Holmes 48). The principle of common law is that giving contrary judgments to two similar cases is unfair. This general principle is known as stare decisis which mean that a judge in determining a given case is bound by the decision of a similar preceding legal case (Michael 69). Judges usually develop this law by an analysis of various similar cases to decide the common ...