The role of judges in making law in Uk courts Essay

The role of judges in making law in Uk courts - Essay Example This principle of precedent is also known as 'stare decisis'. This precedent should be created by a high ranking court and not from the courts of first instance. They are supposed to follow strictly the already existing law and precedents. Often these courts would be engaged in fact finding since they are not expected to hear full legal arguments of the parties. The courts administration documents and reports the decisions from 1865 in U.K. It is called now Incorporated Council of Law Reporting for England and Wales. It brings out The Weekly Law Reports and The Law Reports. The decisions that are taken as legal precedents shall have 'ratio decidendi' behind them. The ratio decidendi must be related to the law and not on factual findings. It can not also be 'obiter dictum' mentioned as a passing reference while deciding the case and shall have no legal basis for future decisions. The ratio which is binding shall have legal principles and rules considered for finding a solution for the problem in the case. The 'obiter dicta' however are treated as persuasive authority which later judges can use them for arriving at their decisions but are not bound to treat them as precedents.(UK law online) Precedent has a very important role in the common law. It ensures certainty and consistency and logical progression and development in the law. At the same time it can be rigid and also complex - what is "the law" on a subject may be very difficult to find or to state as it is spread across many cases. So, many countries (especially in Continental Europe) prefer a codified system in which laws are set out in legislation and cases which apply them may be illustrative but do not become binding. The law is also easier to find and to state and is rationally prospective rather than based on the chance event of litigation, which may give rise to laws based on extreme or unusual situations or unevenly argued cases. For example, here is the offence of murder in US Federal Law. By contrast, the law of murder in England is contained in several cases, and even having read them there may be room for doubt. As for English law, the classic definition of murder is considered to be that given by Lo rd Chief Justice Coke who (writing in the early seventeenth century) said: "Murder is when a man of sound memory and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wo, or hurt etc. die of the wound or hurt etc .within a year and a day of the same." (UK Law online) Blackstone stated in eighteenth century that court decisions were mere evidence of common law. (Commentaries pp 88-9) Later Lord Esher said in 1892 that there was no judge made law as such since the judges did not make law but only applied prevailing law not previously applied authoritatively (Willis v Baddeley) However these views are refuted by late professor Cross stating "a rule stated in a precedent is law properly so called and law because it was made by the judges, not because it originated in common usage, or the judge's idea of justice and public convenience" (Cross R 1991 p 28) Cross holds that Lord Esher's view that application of existing law to new circumstances actually is similar to statement of

To what extent was a US Civil War inevitable in the event of a US Research Paper

To what extent was a US Civil War inevitable in the event of a US CIVIL War, to what extent was a Union victory inevitable - Research Paper Example from the American Revolution to the adoption of the Constitution, no one ever doubts that Americans, whether in the South or the North, had a common interest of establishing a prosperous nation. The means to achieving that very end, however, proved contentious, with sectionalism creeping in to widen the rifts between a people that fought their independence together barely a century earlier. To be sure, the origins of the civil war had roots in the first miserable boatload of African slaves into the American soil. The doubtful, as Sydney E. Ahlstrome notes, would be at pains to refute claims that slavery and the sustained mass moral condemnation of the institution was at heart of the conflict (649). Indeed without slavery, the war wouldn’t have occurred. In the 100 years or so of independence, the Southern states remained on an economy largely founded on cotton plantation agriculture aided by the institution of slavery. The North, though had own agricultural resources, was more advanced commercially and industrially, that one state after the other felt the need to abolished slavery. For a time it, it appeared that slavery was on its way to extinction with the remarks of Virginia’s Thomas Jefferson defining the South’s peculiar institution as a â€Å"necessary evil† (Roberts 53). To some, slavery was in every sense a â€Å"positive good† that generated a great deal of foreign exchange at no or low cost for the southerners. So intense were the gridlocks that when the Tariff legislation was finally introduced in the Congress and passed with the aid of Northern politicians, in effect raising the prices of imported goods in favor of the North produ ced goods against the wishes of Southerners long used to shipping their cotton to Europe in return for inexpensive boatloads of European goods, including clothes made from their own cotton, the southerners furor rose to near conflict 30 years to its actual dates. With the new tariff putting foreign goods out of financial

The role of judges in making law in Uk courts Essay

The role of judges in making law in Uk courts - Essay Example This principle of precedent is also known as 'stare decisis'. This precedent should be created by a high ranking court and not from the courts of first instance. They are supposed to follow strictly the already existing law and precedents. Often these courts would be engaged in fact finding since they are not expected to hear full legal arguments of the parties. The courts administration documents and reports the decisions from 1865 in U.K. It is called now Incorporated Council of Law Reporting for England and Wales. It brings out The Weekly Law Reports and The Law Reports. The decisions that are taken as legal precedents shall have 'ratio decidendi' behind them. The ratio decidendi must be related to the law and not on factual findings. It can not also be 'obiter dictum' mentioned as a passing reference while deciding the case and shall have no legal basis for future decisions. The ratio which is binding shall have legal principles and rules considered for finding a solution for the problem in the case. The 'obiter dicta' however are treated as persuasive authority which later judges can use them for arriving at their decisions but are not bound to treat them as precedents.(UK law online) Precedent has a very important role in the common law. It ensures certainty and consistency and logical progression and development in the law. At the same time it can be rigid and also complex - what is "the law" on a subject may be very difficult to find or to state as it is spread across many cases. So, many countries (especially in Continental Europe) prefer a codified system in which laws are set out in legislation and cases which apply them may be illustrative but do not become binding. The law is also easier to find and to state and is rationally prospective rather than based on the chance event of litigation, which may give rise to laws based on extreme or unusual situations or unevenly argued cases. For example, here is the offence of murder in US Federal Law. By contrast, the law of murder in England is contained in several cases, and even having read them there may be room for doubt. As for English law, the classic definition of murder is considered to be that given by Lo rd Chief Justice Coke who (writing in the early seventeenth century) said: "Murder is when a man of sound memory and of the age of discretion, unlawfully killeth within any county of the realm any reasonable creature in rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wo, or hurt etc. die of the wound or hurt etc .within a year and a day of the same." (UK Law online) Blackstone stated in eighteenth century that court decisions were mere evidence of common law. (Commentaries pp 88-9) Later Lord Esher said in 1892 that there was no judge made law as such since the judges did not make law but only applied prevailing law not previously applied authoritatively (Willis v Baddeley) However these views are refuted by late professor Cross stating "a rule stated in a precedent is law properly so called and law because it was made by the judges, not because it originated in common usage, or the judge's idea of justice and public convenience" (Cross R 1991 p 28) Cross holds that Lord Esher's view that application of existing law to new circumstances actually is similar to statement of

Discussion Questions Essay Example for Free

Discussion Questions Essay What are the advantages of concept analysis in relation to theory development? Are these disadvantages? Why or why not? What are some examples of concept analyses that have an enhanced nursing practice in your work experience? Which theories- less conceptual and more factual- are more user-friendly in the practice setting? Why? General Questions General General Questions In chapter 1, specific explanations are given of the terms â€Å"disability† and â€Å"handicap†. Create a scenario of a student with a â€Å"disability† and discuss at least three â€Å"handicaps† that could be needlessly imposed on this student. Include discussion of what the special education services team should do to eliminate those handicaps. If you recently entered college, one of the first things that you should do is purchase your books from the bookstore. This will help you to reduce the stresses that you will face as the year begins, as you should always come prepared with the right materials and texts for school. The work NUR 513 Week 1 Discussion Questions includes solutions on the following questions: What are the advantages of concept analysis in relation to theory development? Are these disadvantages? Why or why not? What are some examples of concept analyses that have an enhanced nursing practice in your work experience? Which theories- less conceptual and more factual- are more user-friendly in the practice setting? Why? General Questions General General Questions In chapter 1, specific explanations are given of the terms â€Å"disability† and â€Å"handicap†. Create a scenario of a student with a â€Å"disability† and discuss at least three â€Å"handicaps† that could be needlessly imposed on this student.  Include discussion of what the special education services Follow the link to get tutorial https://bitly.com/1xpudYb If you recently entered college, one of the first things that you should do is purchase your books from the bookstore. This will help you to reduce the stresses that you will face as the year begins, as you should always come prepared with the right materials and texts for school. General Questions General General Questions In chapter 1, specific explanations are given of the terms â€Å"disability† and â€Å"handicap†. Create a scenario of a student with a â€Å"disability† and discuss at least three â€Å"handicaps† that could be needlessly imposed on this student. Include discussion of what the special education services team should do to eliminate those handicaps.

The Circulatory System Functions Of The Heart Physical Education Essay

The Circulatory System Functions Of The Heart Physical Education Essay Circulatory System is the combined function of the heart, blood, and blood vessels to transport oxygen and nutrients to organs and tissues throughout the body and carry away waste products. The circulatory system increases the flow of blood to meet increased energy demands during exercise and regulates body temperature. Also, when foreign substances or organisms invade the body, the circulatory system quickly sends disease-fighting elements of the immune system, such as white blood cells and antibodies, to places under attack. In the case of injury or bleeding, the circulatory system sends clotting cells and proteins to the affected site, which quickly stop bleeding and promote healing. The heart, blood, and blood vessels are the three main elements that make up the circulatory system. The heart is the engine of the circulatory system. It is divided into four chambers, the right atrium, the right ventricle, the left atrium, and the left ventricle. The walls of these chambers are made of a muscle called myocardium, which contracts to pump blood. The pumping action of the heart occurs in two stages for each heartbeat. Diastole, when the heart is at rest, and systole, when the heart contracts to pump deoxygenated blood toward the lungs and oxygenated blood to the body. There are typically about 60 to 90 beats per minute. If the heart stops pumping, death usually occurs within four to five minutes. Blood consists of three types of cells, red blood cells that carry oxygen, disease-fighting white blood cells, and blood-clotting platelets, which are all carried through plasma. Plasma is yellowish and consists of water, salts, proteins, vitamins, minerals, hormones, dissolved gases, and fats. Three types of blood vessels make a network of tubes throughout the body. Arteries carry blood away from the heart, and veins carry it toward the heart. Capillaries are tiny links between the arteries and the veins where oxygen and nutrients spread to body tissues. The inner layer of blood vessels is lined with cells that create a smooth passage for the transfer of blood. This inner layer is surrounded by connective tissue and smooth muscle that help the blood vessel to expand or contract. Blood vessels expand during exercise to meet the increased demand for blood and to cool the body. Blood vessels contract after an injury to reduce bleeding and also to conserve body heat. Arteries have thicker walls than veins so they can withstand the pressure of blood being pumped from the heart. Blood in the veins is at a lower pressure, so veins have one-way valves to prevent blood from flowing backwards away from the heart. Capillaries, which are the smallest of blood vessels, are only visible by microscope. The arteries, veins, and capillaries are divided into two systems of circulation, systemic and pulmonary. The systemic circulation carries oxygenated blood from the heart to all the tissues in the body except the lungs and returns deoxygenated blood carrying waste products, such as carbon dioxide, back to the heart. The pulmonary circulation carries this blood from the heart to the lungs. In the lungs, the blood releases its carbon dioxide and absorbs oxygen. The oxygenated blood then returns to the heart before transferring to the systemic circulation. The heart gets rid of oxygen-rich blood under high pressure out of the left ventricle, through the aorta. Smaller arteries branch off from the aorta, leading to various parts of the body. These smaller arteries in turn branch out into even smaller arteries, called arterioles. Branches of arterioles become progressively smaller in diameter, eventually forming the capillaries. Once blood reaches the capillary level, blood pressure is greatly reduced. Capillaries have extremely thin walls that allow dissolved oxygen and nutrients from the blood to become a fluid, called the interstitial fluid, that fills the gaps between the cells of tissues or organs. The dissolved oxygen and nutrients then enter the cells from the interstitial fluid by diffusion across the cell membranes. Meanwhile, carbon dioxide and other wastes leave the cell, diffuse through the interstitial fluid, cross the capillary walls, and enter the blood. In this way, the blood delivers nutrients and removes wastes without leaving the capillary tube. After delivering oxygen to tissues and absorbing wastes, the deoxygenated blood in the capillaries then starts to return to the heart. The capillaries merge to form tiny veins, called venules. These veins in turn join together to form progressively larger veins. Ultimately, the veins converge into two large veins, the inferior vena cava, that brings blood from the lower half of the body, and the superior vena cava, that brings blood from the upper half. Both of these two large veins join at the right atrium of the heart. The circulatory system plays an important role in controlling body temperature. During exercise, working muscles generate heat. The blood supplying the muscles with oxygen and nutrients absorbs much of this heat and carries it away to other parts of the body. If the body gets too warm, blood vessels near the skin enlarge to disperse excess heat outward through the skin. In cold environments, these blood vessels constrict to retain heat. The pressure generated by the pumping action of the heart propels the blood to the arteries. Blood pressure, for instance, enables a person to rise quickly from a horizontal position without blood pooling in the legs, which would cause fainting from deprivation of blood to the brain. Normal blood pressure is regulated by a number of factors, such as the contraction of the heart, the elasticity of arterial walls, blood volume, and resistance of blood vessels to the passage of blood. Blood pressure is measured during systole, the active pumping phase of the heart, and diastole, the resting phase between heartbeats. Blood pressure varies between individuals and even during the normal course of a day in response to emotion, exertion, sleep, and other physical and mental changes. The average normal blood pressure is about 120/80 mm Hg. Higher blood pressures that are sustained over a long period of time may indicate hypertension, a damaging circulatory condition. Lower blood pressures cou ld signal shock from heart failure, dehydration, internal bleeding, or blood loss.

US History :: essays research papers

Even before the eve of the Revolution, the colonists constantly had the image of independence lingering in the back of their heads. The colonists felt that they were first on a loose leash, and as that leash tightened over the years, the colonists began to understand their true culture and identity. As time passed, the colonists developed a greater sense of their identity and unity as Americans and by the eve of the Revolution, even though at first the colonists were unorganized and had problems with being united, they remained determined to gain their identity and unity as Americans.  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  The most significant factor in that time period was unity. The wrath of intercolonial disunity slowly dissolved as time went on. Enormous distances between colonies, geographical barriers like rivers, conflicting religions, varied nationalities, different types of governments, boundary disputes, and resentment amongst themselves were the factors involving disunity. However, the colonists over time started to understand that they were all fellow Americans who shared common ideals. In 1754, the Pennsylvania Gazette showed the colonists an image that would show that unification was essential for independence. It was a picture of a snake that was cut into little parts and each part was a place. The snake depicts the image of independence, and without the unification of all its parts, it will not be complete. The title â€Å"JOIN, or DIE† of this drawing is demanding. The author of this drawing wanted to say that if the colonists wanted to achieve independence, they must unite and fight together for their common cause (A). In regards to unity, during 1774 and 1775, there were 17 contributors of Donations for the Relief of Boston. This astonishing number of contributors reflects the desire and willingness for unification. It shows that from anywhere as north as Massachusetts and as south as South Carolina, the colonies wanted to help each other out when another was in need. This fact is clearly evident that indeed America was slowly but surely trying to unite and fight as one (G). Another piece of evidence, which was composed in the 1770’s, can be seen in the Letters from an American Farmer by Hector St. John Crà ¨vecoeur. The narrator in this letter says that he â€Å"could point out to you a family whose grandfather was an Englishman, whose wife was Dutch, whose son married a French woman† (H). This quote shows that people were creating a new race, which in return, brings unification amongst different nationalities in colonial America.

antitrust :: essays research papers

Antitrust laws protect competition, which is said to benefit consumers with better products at lower prices. The U.S. Department of Justice (DOJ) and attorney generals from 20 states has filed antitrust lawsuits against Microsoft Corporation (Microsoft), the world's largest supplier of computer software for personal computers (PCs) in the United States. Microsoft is accused of allegedly violating sections 1 and 2 of The Sherman Antitrust Act of 1890. Section 1 of the Sherman Act outlaws â€Å"every contract, combination†¦, or conspiracy, in restraint of trade." The Supreme Court has since then decided that the Sherman Act prohibits only those contracts or agreements that restrain trade unreasonably. What kinds of agreements are unreasonable is up to the courts. Section 2 of the Sherman Act makes it unlawful for a company to "monopolize, or attempt to monopolize," trade or commerce. As that law has been interpreted, it is not necessarily illegal for a company to have a monopoly or to try to achieve a monopoly position. The law is violated only if the company tries to maintain or acquire a monopoly position through tactics that either unreasonably exclude firms from the market or significantly impair their ability to compete. The DOJ feels that Microsoft has a monopoly in the field of personal computer operating systems (OSs) and that they are engaging in anticompetitive conduct. Microsoft's "Windows" operating systems are used in over 80% of PCs. More than 90% of new PCs are shipped with a version of Windows pre-installed. According to the DOJ," PC manufacturers have no commercially reasonable alternative to Microsoft operating systems for the PCs that they distribute." Other firms do exist in the operating system market for example, IBM, Oracle, Sun Apple, AT&T, Hewlett Packard, Wang, Be, Linux, Dec, Gem, and others. These firms may only have 10-20% of the market share for PC's operating systems but they do have some share of the market. This proves that Microsoft is not the only seller of operating systems as the DOJ claims. The DOJ's complaint states that, "To protect its valuable Windows monopoly against potential competitive threats, and to extend its operating system monopoly into other software markets, Microsoft has engaged in a series of anticompetitive activities. Microsoft's conduct includes agreements tying other Microsoft software products to Microsoft's Windows operating system; exclusionary agreements precluding companies from distributing, promoting, buying, or using products of Microsoft's software competitors or potential competitor; and exclusionary agreements restricting the right of companies to provide services or resources to Microsoft's software competitors or potential competitors.