itself a principle of law. Judicial precedents are an important source of law. They have enjoyed high authority at all times and in all countries . the common law of England has been built up the decisions of England judges. There are so many reasons why precedents operates as an authoritative source of law and it also has many kinds according to its probative force. decisions than to the views of text writers. A judicial precedent speaks with authority. It is an evidence of law and source of it. The
Words: 4997 - Pages: 20
March 3, 2010 TO: Senior Paralegal FROM: Shaimah Hoosein RE: Memorandum of Sources of Law You requested an explanation and example of how the law is derived from the four main sources of law namely statutory, administrative, constitutional and case law. Please take a moment to review my research. I hope this has met your expectations. Statutory Laws: Statutory laws are a set of written rules set down by the legislature. They are published in several forms by different publishers. Both
Words: 1058 - Pages: 5
Criminal law 1 IN T R O D U C TI O N This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It will give you an overview of the process by which Acts of Parliament come into existence as well as introducing you to European Union legislation and the European Convention on Human Rights, both of which have an influence on the law in the UK. You will also gain an understanding of the criminal courts in which
Words: 7909 - Pages: 32
Business Law Important Terms Kaplan University Rebecca McAvinue Professor William Muniak Business Law LS311-03 February 9, 2015 There are many terms in business that pertain to law that an individual must understand in order to succeed. One must understand what common law is and how it applies to businesses. It is important to understand what a jurisdiction and a precedent are and how they differ. To know what a statute and remedy are and how a business would utilize them.
Words: 513 - Pages: 3
for a loop in ways he could never have imagined (Cohen; Odhiambo, 1992). The problem that was really a deep-seeded threat in this situation was a case of pluralism, or a diversity of views. An intense legal battle ensued, and through all of the laws and smoke and mirrors, Silvano Melea Otieno was finally buried in his home region of Nyamila. The laws of ethnic and traditional ties wound up victorious in this clash, even though it was widely known that Otieno and his wife lived their lives separate
Words: 1813 - Pages: 8
Case note by Silent Assassins State of Gujarat V Mirzapur Moti Kureshi Kassab Jannat and others Court: Hon’ble Supreme Court of India Date: 26 October 2005 Bench: R.C. Lahoti, C.J.I., B.N. Agarwal, Arun Kumar, G.P. Mathur, C.K. Thakker, P.K. Balasubramanyam, JJ and A.K. Mathur. Introduction This is a case challenging certain amendments introduced in section 5 of Bombay animal preservation act, 1954(as applicable to the state of Gujarat). It’s a public interest
Words: 1078 - Pages: 5
Article or Case Law Search Paper Maria January 27, 2014 HCS/430 The article that I have read and did my research for the article case law search is about a hospital in New York will have to pay $2.3 million dollars for overbilling the Medicaid program. Two Westchester County Hospital had overbilled the Medicaid program of $70 million dollars by improperly approving home care for Medicaid patients. The Attorney Generals Medicaid Fraud control Unit found out that the two hospitals were billing
Words: 624 - Pages: 3
Elements of English Law Student registration No: 101019 Introduction This is a precedent from an earlier case, which must be followed even if the judge in the later case does not agree with the legal reasoning. A binding precedent is only created when the facts of the second case are sufficiently similar to the original case and the decisions was made by a court which is senior too, or in some cases the same level as, the
Words: 890 - Pages: 4
do not unsettle the established”.It is used to support fairness and to provide certainty in the law(Martin, J. 2013).Precedent can only function when the legal reasons of previous cases are known. When a judgment is being announced at the end of a case, a speech is given. This speech includes the reasons behind the decision, a summary of the facts in the case and an explanation of the principles of law the Judge has used to come to the decision he/she has made. The principles are an essential part
Words: 1520 - Pages: 7
(iii) compliance with the measure was mandatory. However, the Appellate Body did not complete the legal analysis of Canada's TBT claims as it did not have an “adequate basis” upon which to examine them. GATT Art. III:4 (national treatment – domestic laws and regulations): As the Appellate Body found the Panel's likeness analysis between asbestos and PCG fibres and between cement-based products containing asbestos and those containing PCG fibres insufficient, it reversed the Panel's findings that the
Words: 639 - Pages: 3
