...Assessment ECTS _______ Commission members: ___________ _______________________ ___________ _______________________ ___________ _______________________ ODESSA 2014 THEME: Judicial Precedent PLAN INTRODUCTION …………………………………..…………………………… 3CHAPTER 1. Judicial Precedent: generals 1.1. Definition of judicial precedent ………………………………….…... 51.2. The doctrine of stare decisis ……..………………………….……..… 61.3. Ratio decidendi and Obiter dictum …..………………………….....… 7CHAPTER 2. Types of precedent2.1. Verticality ……………………………………………………………. 102.2. Horizontality ………………………………………………………… 112.3. Binding precedent …………………………………………….……... 122.4. Persuasive precedent ………………………………………………… 15 CHAPTER 3. Avoiding precedent 3.1. Distinguishing …………………..……………………………………. 19 3.2. Overruling ……………………………………………………………. 19 3.3. Reversing ……………………………………………………………... 20 3.4. Per incuriam…………………………………………………………… 20 CONCLUSION …………………………………………………………………... 22LITERATURE …………………………………………………………………... 25 | INTRODUCTION At the present stage of development of Ukraine in the framework of the democratic process, there are the emergence of new social and economic relations, the foundations of civil society and the rule of law, the implementation of judicial and legal reform, taking measures to strengthen the fight against crime, strengthening law and order, eradication of legal nihilism. In the implementation of these tasks, their embodiment in life significant role belongs to...
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...2012 Assessment Report 2012 Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue...
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...business. In deciding on an ethical course of action, we can rely to some extent on the rules of right conduct that we employ in everyday life. However, business activity also has some features that might limit the applicability of our ordinary ethical views. One distinguishing feature of business is its economic character which can be summarized as the conduct of buyers and seller and employers and employees. A second distinguishing feature of business is that it typically takes place in organizations which is a hierarchical system of functionally defined positions designed to achieve some goal or set of goals. Because business involves economic relations and transactions that take place in markets and also in organizations, it raises ethical issues for which the ethics of everyday life has not prepared us. Decisions making occurs on several distinct levels: the level of the individual, the organization, and the business system. The level of the individual represents situations that confront them in the workplace and require them to make a decision about their own well-being. The level of the organization can be identified as a decision which must be made by an individual acting on behalf of the organization bringing about some organizational change. The level of the business system can be summarized as a decision which can be made by neither an individual nor a single organization; rather, it is a decision which is agreed to industry wide. Identification of the...
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...Race is a group of people defined by genotype (genetics and inheritance) and geographic. Often race is based on appearance such as skin colour, features and other distinguishing characteristics. Ethnicity has many factors and is dependent on the individual identifying or defining themselves. Ethnicity is hard to describe as everyone has their own perspective. Because of race and ethnicity this has resulted in racism against these people and as a result of racism has meant they have suffered much discrimination.” Racism is the belief or doctrine that inherent differences among the various human racial groups determine cultural or individual achievement, usually involving the idea that one's own race is superior and has the right to dominate others or that a particular racial group is inferior to the...
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...Illicit Image Filtering and Classification Techniques Miss Anita Parihar PG Student (Digital Systems) Department of E&TC Engineering Sinhgad College of Engineering Pune, Maharashtra (India) Dr. D. M. Bhalerao Professor Department of E&TC Engineering Sinhgad College of Engineering Pune, Maharashtra (India) Abstract— Adult images have become a threat to social networking, which are having a negative impact, on society. We often hear the stories of blackmailing for adult images which is a serious crime. This should be stopped somewhere, further we will see various techniques to do so. We present a method to classify images into different categories of pornographic content to create a system for filtering illicit images from network traffic. Even though different systems for this application were offered in the past, which are based on simple skin color features and have quite poor performance. Latest advances in the image recognition field in particular for the classification of objects have shown that bag-of-visualwords-approaches are a good method for many image classification problems. Keywords—Bag-of-Visual Words (BoVW), Explicit Content, Neural Network, Region-of-Interest (ROI), Skin Detection I. INTRODUCTION II. The inevitable fact that technology is becoming more intertwined in the daily life of the individual will lead to an increase in court cases and in crime. Due to such image uploads as people have different mentality and culture...
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...IMPORTANCE OF ONLINE LEGAL DATABASES Submitted by: Rhea Srivastava Division B (BBA LLB) Roll No – 11 Class 2016 of Symbiosis Law School, NOIDA Symbiosis International University, PUNE In February 2012 Under the guidance of: Ms. Harjinder Kaur and Mr. Nilesh Aeer Course in Charge, Use of Legal Database Symbiosis Law School, NOIDA 201301 D E C L A R A T I O N I Rhea Srivastava, student of BBA LLB Semester II of Symbiosis Law School, Noida hereby declare that the Advanced ICT Training research paper titled “IMPORTANCE OF ONLINE LEGAL DATABASES ” is submitted by me in the line of partial fulfillment of course objectives for the BBA LLB degree. I assure that this synopsis is the result of my own efforts and that any other institute for the award of any degree or diploma has not submitted it. C E R T I F I C A T E The project entitled “IMPORTANCE OF ONLINE LEGAL DATABASES” submitted to the Symbiosis Law School, Noida for Use of Legal Databases as part of internal assessment is based on my original work carried out under the guidance of Ms. Harjinder Kaur and Mr. Nilesh Aeer. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on. RHEA SRIVASTAVA Date: 23rd March, 2012 A C K...
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...INTRODUCTION TO ENTERTAINMENT LAW WEEK2 6FEB14 mel@onelouder.com.au The Arts Law Centre of Australia. THE LAW What is the Law ? The law is a system of rules organising the rights, obligations and responsibilities in, or members of, a sovereign state. A cultural institution – an invention of the people. Youtube – introduction to Australian law. (shenanigans videos) Functionally, the law is a system of rules recognised and applied by the courts. The state must enforce the orders of the courts; the law exists, ultimately, only because the state will enforce it. CRIMINAL LAW. - Criminal Charges are laid by Police or the DPP CIVIL LAW - All other areas of the law that covers disputes between citizens. e.g. intellectual property, family law. THE NATURE OF LAW Theoretically why does the law exist ? To protect basic human rights: Note: Australia has no bill of rights unlike the US the UK and others. To aid in the resolution of conflicts. To promote fairness, order and stability in society. To promote desirable social and ecconomice behaviour (capitalist democracy) * concepts such as morality and justice influence the law but do not determin it. To represent the “will of the people” (through voting in referendums). ENTERTAINMENT (AND MEDIA) LAW AND LAWYERS. Record or publishing agreements related to music and other assignable licensable works under the copyright act 1968. Film production agents. Trade mark patent, or design applications...
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...MALAYSIAN LEGAL SYSTEM LAW1020 QUIZ GENERAL INTRODUCTION TO THE CONCEPT OF “LAW” Name: …………………………………………………… Matrix No: ………………………… QUESTION 1 TRUE – FALSE: Answers T. F | 1. | Far from being remote, law affects every citizen at many points in his life. | T. F | 2. | “Law” is an English word that can be used in one specific way and capable of being defined precisely or adequately. | T. F | 3. | In its general usage, the word “law” is used only to express the sense ofabsolute certainty about the occurrence of a certain phenomenon. | T. F | 4. | In today’s modern period, owing to their individualistic as opposed to communal existence, human beings no longer need one another. | T. F | 5. | For centuries jurists and lawyers have come up with an accepted definition of the term “Law” or “to show what stands as law”. | T. F | 6. | The various major legal systems of the world today are closed categories. | T. F | 7. | The distinguishing feature of the Common Law legal system is that the rules of law are codified. | T. F | 8. | The Civil law system has its origin in France during the reign of Napoleon Bonaparte. | T. F | 9. | The origin of the Common law system can be traced in the practice of the early American settlers. | T. F | 10. | The “inquisitorial system” is the feature of the Civil law, while the “adversarial system” is the Common...
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...Principles of the Australian Parliamentary System Government)–!The!government!is!the!party!or!coalition!of!parties!that!wins!the!most!seats!in!the!House!of!Representatives! Parliament)–!Consists!of!a!group!of!elected!representatives!and!a!person!who!represents!the!Queens.!In!the!federal!parliament!that!person!is!the! Governor>General.!Parliaments!make!the!laws!for!a!country/state! Crown)–!The!monarch!is!represented!by!a!governor/governor>general.!Refers!to!the!position,!power,!or!dominion!of!a!monarch.!The!monarch!as! Head!of!State! Separation)of)Powers)–!The!three!branches!of!power!(executive,!legislative!and!judicial)! Federal)System)–!The!power!to!govern!is!divided!by!the!Commonwealth!and!states.! Bicameral)–!A!bicameral!parliament!consists!of!two!chambers!or!houses! Minister)–!A!minister!is!both!a!member!of!parliament!and!a!member!of!the!executive.!This!means!a!minister!is!usually!in!charge!of!a!government! department!that!is!responsible!for!enacting!the!law! ! Australian Parliamentary System Under!the!Australian!federal!system!of!government,!the!country!is!divided!into!states!and!territories!each!with!its!own!parliament!–!making!a!total!of!9! parliaments.! • Commonwealth,)6)States,)2)Territories! They! are! elected! by! the! people! and! represent! the! needs! of! the! people.! Members! are! also! responsible! to! the! parliament! and! the! people! for! their! actions.!The)APS)is)based)on)the)Westminster)system)that)was)adopted)by)the)Commonwealth)constitution)in)1900...
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...Questions | Marks Allocated | Obtained Marks | Introduction | 5 | | 1.1 Since its return to business in India, Cola has taken many CSR initiatives in India. Identify the initiatives according to the main six social initiatives identified by Philip Kotler. | 20 | | 2.1 Discuss the negative drawback of Soft Drink Industry like Coca Cola and Pepsi Companies in the developing world like India in terms of their effects on the environment, people and economy. | 30 | | 3.1 Discuss the roles of community people and local NGOs in controlling developing ecological sensitive projects. Mention the some actions taken from the case study. | 20 | | 4.1 In your opinion, do you think there is a moral responsibility for the governmental authority who firstly issued approval to start Coca Cola business in India? Prove your opinion with finding from the case study. | 15 | | 4.2 Do you think a conditioned renewal of license is a good decision? Support your opinion with evidence/examples of conditions. | 15 | | Conclusion | 5 | | Referencing | 10 | | Report Format | 5 | | Total | 125 | | CSR 611 Corporate Social Responsibilities FINAL ASSESSMENT I certify that this assignment is my own work, based on my personal study and/or research, and that I have acknowledged all material and sources used in the preparation of this assignment whether they be books, articles, reports, lecture notes, any other kind of document, electronic or personal communication I also certify...
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...Ethics and the Conduct of Business, 7/e Boatright ©2012 / ISBN: 9780205053131 Chapter begins on next page > PLEASE NOTE: This sample chapter was prepared in advance of book publication. Additional changes may appear in the published book. To request an examination copy or for additional information, please visit us at www.pearsonhighered.com or contact your Pearson representative at www.pearsonhighered.com/replocator. C H A P T E R 1 Ethics in the World of Business Listen to the Chapter Audio on mythinkinglab.com CASE 1.1 Explore the Concept on mythinkinglab.com Merck and the Marketing of Vioxx On September 30, 2004, Merck & Co. announced the withdrawal of Vioxx, its highly profitable pain reliever for arthritis sufferers, from the market.1 This announcement came only seven days after company researchers found in a clinical trial that subjects who used Vioxx more than 18 months had a substantially higher incidence of heart attacks. Merck chairman and CEO Raymond V. Gilmartin described the action as “the responsible thing to do.” He explained, “It’s built into the principles of the company to think in this fashion. That’s why the management team came to such an easy conclusion.”2 In the lawsuits that followed, however, damaging documents emerged casting doubt on Merck’s claim that it had acted responsibly by taking appropriate precautions in the development and marketing of the drug. For decades, Merck’s stellar reputation rested on the company’s...
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.................................602 V. INFORMATION TECHNOLOGY AND THE LEGAL PROFESSION: BARRIERS TO PROGRESS ......................................604 VI. CONCLUSION ..............................................................................607 I. INTRODUCTION MUCH CURRENT LEGAL WORK IS EMBARRASSINGLY, ABSURDLY, WASTEFUL. AI-RELATED TECHNOLOGY OFFERS GREAT PROMISE TO 1 IMPROVE THAT SITUATION. Many professionals now rely on information technology (“IT”) to simplify, automate, or better understand aspects of their work. Such software comes in varying degrees of sophistication: less sophisticated tools include word processors, e-mail and instant messaging systems, file servers, and the like, while more sophisticated tools reach into the analytical core of a professional’s work. Although modern law firms and courts are awash in these less sophisticated tools, ∗ Harvard Law...
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...production, and supply in your analysis. 5. Explain what impact do you think these cars will have on our economy? Consider the following issues in your analysis: consumer buying, sustainability, recycling, and fuel economy. Abstract “The first hybrid gas-electric car in the United States, the original Honda Insight, reported its first 17 sales in December 1999. One decade and 1.5 million hybrids later, the auto industry is ready to embrace hybrids and other green cars like never before.” (Berman, 2009) Hybrid cars are extremely popular internationally and it’s easy to see why. “Hybrid cars complement gas engines with electric motors to improve gas mileage or to increase power through the use of a combined-propulsion system. Toyota and Honda are both major players in the hybrid space, but just about every other automaker is working on a hybrid model.” (Cunningham, 2014) The hybrids with high-end proficiency have far superior fuel efficiency than conventional gas-powered vehicles. Hybrids of today have ranges of greater than 400 miles per tank. There are two main types; normal hybrid cars, and full hybrid cars. Normal hybrid cars...
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...International Law Name: UDAYA.R.S Enrolment Number: MBA1/JUN15N/71101434345916F Roll Number: N15NOV/7110 Question 1. Explain the different international organizations Answer: 1. Introduction This section reviews the complete range of international organizations. The conventional categories used are first examined, then various ways of distinguishing between the many kinds of organization and degrees of "internationality" are considered. The problem of borderline cases is discussed, together with non-organizational substitutes for organizations and possible alternative forms of organization. Quantitative information on the growth of international institutions and indicative data on regional organizations are also presented. A major difficulty in obtaining some understanding of international organizations is the variety of organizational forms which need to be considered. Abstract classification schemes, particularly when simplified for convenience, tend to conceal the existence of well-developed groups of organizations with distinct features. The approach employed here has been to use several different ways of breaking up the range of organizations and to cite several examples of organizations of any particular type. The intent is not to put forward a new systematic classification of international organizations but rather to facilitate an appreciation of the variety of bodies which could be incorporated into any such scheme...
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...Marisa Maen April 16, 2013 Since the beginning of Japanese history, many cultures such as Korea, India, the United States and the most prominent, China, have consistently influenced the people and culture of Japan. Although the Japanese aesthetics may have begun as something borrowed from its neighboring cultures, the Japanese have truly evolved their aesthetics into unique and authentic. In modern times, their aesthetics continue to greatly influence world art and fashion. Ranging from their poetry, to the tea ceremony, to architecture, the Japanese aesthetics began as something mimicking that of China and other cultures, and over time, have developed into something purely and truly Japanese. Because of its close proximity to China and Korea, Japan, in the pre-modern times, was greatly influenced by the cultures surrounding it. Early knowledge of the Japanese people can be found in the dynastic histories of China. “The Chinese called Japan the land of Wa…described as consisting of ‘one-hundred’ ---probably meaning a great many ---countries or tribes” (Varley, Japanese Culture, p. 7.) Since this time, the Japanese sent missions to China and slowly adopted many of their cultural aesthetics. Even though there was a very strong Chinese influence, the Japanese eventually assumed their unique aesthetic sense. This aesthetic sense is collectively known as miyabi, or refined sensibility, mono no aware, or the capacity to be moved by things, wabi and suki, or imperfect, irregular...
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