Doctrine of Judicial Precedent

Doctrine of Judicial Precedent The Extent the Doctrine of Judicial Precedent Allows for Judicial Law Making, In a legal parlance, judicial precedent is referred to as the tradition of judges who are bound to follow the decisions laid down in previous cases which exhibit similarity of facts. Arguably, stare decisis forms the basic tenet of judicial precedent. Ideally, the principle would mean that in practice the decisions rendered by the superior courts are supposed to bind the lower courts in subsequent cases. As a result, legal scholars have argued that this legal tradition ensures that the law promotes fairness and consistency. A good example of judicial precedent is elaborated in Donoghue v Stevenson[1] where the House of Lords reasoned that consumers were owed a duty of care by manufacturers. Subsequently, the decision laid down, bound the court in Grant v Australian Knitting Mills[2]. For the record, as a source of law, judicial precedent offers judges a reference point in future cases. On the first premise, it is important to note that a binding precedent would occur only where the factual features of the previous case resemble the current one. This decision is whats known as the Ration Decidendi, and should not be confused with the Obiter Dicta, which is persuasive in nature only. Arguably, it is from this point of view that legal scholars have concluded that the doctrine is complex in practice and open to misinterpretation. In the UK court hierarchy, courts at the bottom are bound by judgments entered by the higher courts. At the summit, lies the European Court of Justice (one should take notice that the UK has voted to leave the EU), second in superiority is the House of Lords whose decision mandatorily bounds every court below it. A second tier appeal enables the HOL to redirect law when taken a wrong turning. This is found in The Court of Appeal which possesses two divisions. Arguably, the rulings of the European Court of Justice and the House of Lords bind th ese two divisions. Also, the two divisions, are bound by their own decisions[3], although there is flexibility with respect to how the criminal division handles cases involving persons liberty[4]. The High Court together with the Divisional Courts is supposed to follow the decisions rendered by the House of Lords. However, it is worth noting that the lower courts cannot overturn these rulings, often diminishing the role of judges when in disagreement[5]. Appreciative of the facts discussed above, between the year 1898 and 1966, it was an already established tradition that the House of Lords should mandatorily follow their previous decisions. As a result, this made the law to be very consistent in their applications due to judgments rendered in London Street Tramways v London County Council[6]. Ideally, it was from this observation that Lord Gardiner LC in 1966 delivered a Practice Statement[7], noting that the rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law.[8] Arguably, this opinion by Lord Chancellor illustrates the doctrines limitations and lack of flexibility. A recent example of this can be found in R v R[9] whos decision only reiterated what we already know. However, be that as it may, the doctrine allows a small opportunity for judicial lawmaking through the prism of distinguishing, overruling and reversing. The two techniques appeared to be endorsed by the statements of the Lord Chancellor where he opined that the House of Lords would be permitted to depart from a previous decision when it appears right to do so.[10] This would mean that departing from previous decisions would lessen the rigidity of the principle and expand the scope of judicial precedent as a lawmaking tool. Distinguishing is used in situations where the judge draws a distinction between the current case and a previous case which ordinarily he or she would be bound by, they would then proceed by showing that the facts differ and not suffice to bind them. As a result, the judge departs from being bound by the previous decision thus allowing a new law to be created. The differences in Balfour V Balfour[11] and Merritt v Merritt[12] were so pronounced. Although the two cases pertained a wife and a husband, in Balfour v Balfour it had the characteristic of a domestic arrangement implying that legal intention did not exist. However, in Merrit v Merrit it was clear that the so-called agreement was created after the two had separated, which meant that the agreement was binding legally. Keenly looking through this window, the doctrine allows minimally for judicial lawmaking. Another scenario is overruling, where the judge rules that the judgment rendered in a past case is erroneous. Through the Practice Statement, the House of Lords has the leeway to overrule their decisions. For example, in Davis v Johnson[13] and also in Pepper v Hart[14], the House of Lords opined that parliamentary Hansard could be consulted to decipher the meaning of particular words in a legislation however this is only when so called legislation is riddled with ambiguity or absurdity[15]. Finally, reversing is where the decisions by the lower courts are overturned by a higher court. For example, the High Court rulings or judgments can be overturned by the Court of Appeal. In conclusion, the doctrine of judicial precedent has been mostly referred to as a fetter[16] in the English legal system. As demonstrated, it is this rigidity which has limited its scope to acting as a judicial lawmaking tool. Certainty in law is very critical. However, that being said, rigidity in judicial precedent negatively affects the development of the law. Looking at this perspective, one would agree with Lord Halsbury wisdom that there is more to the law than a mere process of logical deduction.[17] Table of Authorities Balfour v Balfour [1919] 2 KB 571 (CA) Davis v Johnson [1978] AC 264 (HL) Donoghue v Stevenson [1932] AC 562 (HL) Grant v Australian Knitting Mills [1936] AC 85 (PC) London Street Tramways v London County Council [1898] AC 375 (HL) Merrit v Merrit [1970] 1 WLR 1211 (CA) Pepper v Hart [1992] AC 593 (HL) R v R [1992] 1 A.C. 599 (HL) Young v Bristol Aeroplane Co Ltd [1944] KB 718 (CA) Books Barker D and Padfield C, Law (1st edn, Made Simple 2002) Denning A, The Discipline Of Law (1st edn, Butterworths 1979) Walsh-Atkins P, AS UK Government Politics (1st edn, Philip Allan Updates 2010) Wilson S and Storey T, English Legal System (2nd edn, Oxford University Press 2016) Journals McCormick D, Can stare decisis be abolished? (1966) 11 Juridical Review 196 Pickett C, Precedent in the Court of Appeal (1980) 43 Modern Law Review 136 [1] [1932] AC 562 (HL). [2] [1936] AC 85 (PC). [3] As seen in Young v Bristol Aeroplane Co Ltd [1944] KB 718 (CA) 719 (Lord Greene MR). [4] Wilson SR and others, English Legal System (2nd edn, Oxford University Press 2016) 148 [5] Patrick Walsh-Atkins, AS UK Government Politics (1st edn, Philip Allan Updates 2010). [6][1898] AC 375 (HL). [7] Practice Statement (Judicial Precedent) [1966] 1 WLR 1234 [8] Alfred Thompson Denning, The Discipline of Law (1st edn, Butterworths 1979). [9] [1991] 1 AC 599 (HL). [10] Neil MacCormick, Can stare decisis be abolished? (1966) 11 Juridical Review 196. [11] [1919] 2 KB 571 (CA). [12] [1970] 1 WLR 1211 (CA). [13] [1978] AC 264 (HL). [14] [1992] AC 593 (HL). [15] ibid [617] (Lord Griffiths), [621] (Lord Brown Wilkinson). [16] D. L. A Barker and Colin F Padfield, Law (1st edn, Made Simple 2002). [17] McCormick (n 9).

Laboratory Report on the Effect of Acid Rain

1. ProblemAccording to an article, Acid Rain, by Novi Meadows Elementary, acid rain occurs in many parts of the world, no matter the climate difference. It is harmful not only to non-living things but especially to living things. It can affect humans, sea life and forests. This is because when the surroundings become too acidic, some living things die, like fish. Acid rain is formed when the pH, which is the measurement of acidity and basicity, of water is lower than 5.6.In relation with this, the group would like to investigate the effect of acidity on different seed crops by varying the pH level of its surroundings.2. HypothesisThe amount of seed germination will decrease as the surrounding of the seeds gets lower pH level, or becomes more acidic.3. ProcedureThe effect of varying pH levels on the germination of three different seed crops, Triticum aestivum (Wheat), Phaseolus sp. (Mung Bean) and Zea mays (corn) were investigated. Each group counted 25 seeds and placed them in petri dishes. Next, 20ml of solution of desired pH level (1, 3, 5 and 7) were poured into the petri dishes containing the seeds. The seeds were then observed for seven days wherein morphological changes in the seeds were noted. At the end of seven days, the number of seeds germinated in the petri dish was counted and the percentage of seed germination was calculated. The data was then compared with the other groups.4. ResultsTable 1 below shows the data gathered from the experiment. From the table, it canTable 1. Percentage of seed germination of Triticum aestivum (Wheat), Phaseolus sp. (Mung Bean) and Zea mays (corn) in pH levels 1, 3, 5 and 7.pH level Percentage of seed germination Triticum aestivum(Wheat) Phaseolus sp.(Mung Bean) Zea maysbe seen that there was 0% seed germination for Triticum aestivum in pH levels 1, 3 and 5. This is because in highly acidic environments, the cells in the seed are unable to absorb the nutrients it needs to grow. In accordance with that, there was also 0% seed germination at pH level 1 for both Phaseolus sp. and Zea mays.At pH level 3, there was 12% seed germination for Phaseolus sp. and 4% for Zea mays. This means that the seeds of these plants can grow in semi-acidic environments. However, it can also be noted that at a less acidic environment, pH level 5, the percentage of germination for Phaseolus sp. and Zea mays increased to 60% and 12%, respectively. This probably means that the cells of the seeds of the two plants are able to absorb more nutrients in less acidic conditions.On the other hand, at pH 7, the seed germination of Phaseolus sp. and Zea mays decreased to 28% and 0%, respectively. Probably these two plants cannot properly absorb the nutrients needed in a neutral condition. Interestingly, though, it is only at this pH level that Triticum aestivum begins to germinate. This means that it is only at this point that the conditions for seed germination are favorable for the seed.According to the article, Soil Facts †“ It's What We Don't See That Counts, by FrostProof.com, different plants require different pH levels to properly absorb the water and nutrients it needs. This is probably the reason why the maximum percentage of seed germination for each plant was in varying pH levels: 16% at pH 7 for Triticum aestivum, 60% and 12% at pH 5 for Phaseolus sp. and Zea mays, respectively.5. ConclusionFrom the results of the experiment and as stated in the hypothesis, it was concluded that the amount of seed germination will decrease as the acidity of the surrounding increases. In relation to this, acid rain could inhibit the growth of plants especially if its acidity is too high.Works CitedFrostProof.com. â€Å"Soil Facts – It's What We Don't See That Counts.† FrostProof.com. 6 November 2007 Novi Meadows Elementary. â€Å"Acid Rain.† 2002. Oracle Education Foundation: ThinkQuest Library. 6 November 2007

The Integration Of Public Art - 1263 Words

The integration of public art in urban cities has long been a beneficial tool in modifying the way urban life is lived. Art has the power to provoke thought and change, spark controversy, and even prevent crime. Philadelphia has exemplified the dominance of art in an urban city through murals, statues, and various other forms of art. The matter in which these works of art are placed throughout the city contributes greatly to the reception by the public. The presence of artwork in various places gives a neighborhood a welcoming appearance of upkeep and order. A notable example is the works of Isaiah Zagar, who created the Philadelphia Magic Gardens and various murals that plaster South Street and surrounding neighborhoods. The presence of intricate murals makes the neighborhood an inviting place to be, and it doubles as a device for warding off the occurrence of crime. The bond between urban art and its success is highly dependent on location, which ultimately determines the functiona lity and interpretation that the public has on the artwork. Philadelphia Magic Gardens on South Street has become a staple of South Philadelphia that has benefited the area and its inhabitants for years. The plot consists of walls of mosaic glass, bottles, mirrors, spokes, and various discarded material that is constructed beautifully to capture the attention of the viewer. The mission statement of the organization (PMG) states that, â€Å"PMG inspires creativity and community engagement byShow MoreRelatedThe Popular Celebration Of Pi Day1208 Words   |  5 Pagesother uncelebrated subjects may not be regarded so highly. The popular celebration of Pi Day in American schools reflects how increased emphasis on STEM education is linked to the de-emphasis of the visual arts in U.S. public school systems to the detriment of students. 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Tattooing With Gender, Race And Class - Free Essay Example

Sample details Pages: 8 Words: 2398 Downloads: 6 Date added: 2019/05/06 Category Culture Essay Level High school Topics: Tattoo Essay Did you like this example? My research had started on the Scholar Commons of the University of South Florida. I had found this very well put together research publication of a graduate students thesis work by the name of Jocelyn N. Camacho. His article thesis was trying to tell me that most criminals who are men commonly have tattoos and the majority of the men in his survey did indeed have a tattoo. However I believe that surveys and research like this one are very ignorant and judgmental towards people who have tattoos. I didnt apprehend most of these thoughts until after reading these articles that most of the research is judging people who have tattoos. The writers are almost targeting people who have problems and just so happen to have a tattoo and to me that just doesnt seem very right or fair. The reason I feel this way is because the best woman I know who is really good friend of mine has many tattoos that are very neat and artistic, the point is she is a very good person with a huge heart and not to mention she is a very smart young lady who I love a lot. What I am trying to say is the person that I know who has the biggest heart in the world has many tattoos and it doesnt matter what gender or race she is. It makes me feel very uncomfortable to be talking about someones financial class. Upper class, middle class, or lower class; a tattoo will not make a difference on be half of how good or bad they are. It seems like he was just targeting the male inmates and felons with tattoos and to me it really doesnt make much of a difference. Don’t waste time! Our writers will create an original "Tattooing With Gender, Race And Class" essay for you Create order The research from this graduate student was extremely impressive because the student focused on the topic of tattoos specifically on men because the research had found that tattoos today in American culture are without a doubt much more commonly found on men compared to woman which lead him to research and figure out what race of men is tattooing more consistent. I have no idea how this person was able to gather so much data and information but they had used files of people who were in prison which in this case the independent variables in the graduate students first analysis of the effects of a visible tattoo arrestees were male, black, Hispanic, and visible tattoo with felony charge as the dependent variable. Independent variables for this analysis of the tattoo location included three demographic variables such as male, black, and Hispanic; the student looked for visible tattooshead, neck, arm, hand, and all over with felony charges as the dependent variable. Independent variables of this analysis of tattoo types included the three demographic variables of male, black, and Hispanic. While the student observed for the visible tattoos of the four location variables such as religious, patriotic, personal, gang, and other unknowns with felony charge as the dependent variable. The research from this article was just so over whelming to me that I practically couldnt even construe it and fully understand how he got all this information. It all just blew my mind but this research tells me that it somewhat kind of associates with Wendy Heywoods article and research by that tattoos really are more commonly found on men compared to woman and also tattooing is associated a lot more with the lower class of social deviance individuals such as people who break the law and go to jail. I dont know what exactly the researcher was trying to prove with the difference between men with tattoos that are exposed or not showing. To me it really doesnt matter if a male or female have tattoos on their body. I personally dont like to magistrate people who have tattoos because its none of my business and it should have nothing to do with race, gender, or class. Even though I dont have a tattoo on my body, Im never going to judge someone for having one or get one because everybody else has one. This research project has put me in a somewhat awkward and uncomfortable position because its almost forcing me to judge people and Im not that type of person.Pfeifer, Gail M. News Director, Attitudes toward Piercings and Tattoos, AJN, American Journal of Nursing: May 2012, Volume 112, Issue 5, Page 15.Does body modification suggest a lack of professionalism, or is it simply freedom of expression? (Pfeifer, Gail M. 2012, Page 15) I felt that this quote makes an excellent point and about women rights and everybody freedom. Men and woman have the right to whatever we want. I believe in freedom of expression and I cant believe that men would talk down to a woman all over a tattoo. The article was written by Gail Pfeifer in the American Journal of Nursing and it talks precisely about the research from a survey that got responses from about hundred and fifty patients. In the survey the respondents would look or stare at an image on a computer screen of a female or male dressed like a nurse in their scrub uniforms. In this particular research the respondents were given a number of terms with which they must describe the practitioners. This author and researcher tried to show that those men with tattoos never really perceive positively in relation to anything on this topic by relation to these terms. Findings also showed that women with tattoos were just about never perceived anymore positively. The practitioners in this research were surprisingly very reliable, professional, efficient, approachable, and confidence. No proof or evidence in this article had showed men with tattoos were rarely perceived more positively in relation to these terms. Women with tattoos were never perceived more positively versus to comparison to men and women without tattoos. I think that the whole argument against women with a simple tattoo is just plain wrong and I cant believe that men have treated women this way in our past. Its just so silly that people would judge a woman all because she has a tattoo on her arm. I just dont have that mentality and it blows me away that its even a discussion and was a reality. I believe that we humans are living in an extremely judgmental world and I deeply dislike how my fellow men feel that they have the right to just boss woman around the way they do.Hawkes, Di ana, Senn, Charlene Y, Thorn, Chantal. Factors That Influence Attitudes toward Women with Tattoos, May 2010, Volume 50, Issue 9â€Å"10, pp 593â€Å"604 After my own interpretation of this article I can figure out that the independent variables were the size of the tattoo and the placement or visibility of the tattoo which of course were manipulated. In this researchers sample it had said that around twenty three percent of womenand only twelve percent of men had tattoos. These percentages lean towards the entitlements that women may be more than fifty percent of the individuals currently obtaining tattoos but both men and women both had a more negative attitude toward a woman with a visible tattoo versus a woman with an opposite description. According to this analysis and research, participants with more conservative gender attitudes had valued all women more negatively. I feel that future research directions on gender differences need to be offered and researched a little more however I am not sexist against the opposite gender and all these differences dont matter to me in any way shape or form. From what I have read in this article, it indicates that men with tattoos have experienced lots of negative judgments but in the long run still receive a better social acceptance versus woman with tattoos. I would not want to be part of an effort that would control the tattooing of women because I believe in womans rights and I think its very silly to even talk like that and let alone talk about the subject because woman are human beings just like men and they can do whatever they want and whatever they please to do because its a free country. It blows my mind that there was once a no tolerance of women with tattoos and the gro wing trend of tattooing for women. The author of this article feels that it is extremely essential to study the possible guidance of tattooing on peoples perceptions of women with tattoos but I honorably think that those days are over and I believe woman can do what they want neither because I respect their rights nor would I ever look down on them for it. To the three authors understanding, there has been absolutely no empirical research on attitudes in the route of women with tattoos. Why would the general shame of tattoos for women remain even as numerous women went out of their way to acquire tattoos? Tattoos and tattooing have been considered primarily a mans activity and would, therefore, likely be deliberated a gender role violation for women. (Hawkes, Senn, and Thorn. 2010, Page 594) I am not really sure what exactly this assessment from the article means but when I read things like a gender defilement for woman, I just say to myself while nodding my head, How can a man say something like that and how in the first place did we come to the decision of a woman getting a tattoo a gender violation. All I can say is that I think the way this topic was handled was very injudicious and pointless. Discussion: At what age group or class dose tattooing specifically target and why is tattooing so popular for that age group or class? My second research question will be What race or skin color seems to be the dominant group that gets tattoos and what can I find to prove that why this is? Which Gender group do I think based on the scholarly articles dose tattooing seem to be most popular, a man or a Woman? Between the lower, middle, and upper class, which class dose tattooing happen more commonly and based on my research why is it more common in that class? I exceedingly feel that I answered all my research questions by writing this paper and reading the articles but at the same time I really dont feel the same way about the whole topic anymore considering the whole gender thing. I also feel like the two reading from class and the three articles that I found on tattooing with gender, race, and class were all very condemnatory about people with tattoos and just were simply trying to pick out all the bad qualities in a person with tattoos such as being part of the lower class, transsexual diseases, felons and prisoners, and last but not least the gender thing really got me because I cant suppose my fellow humans are so unconscious and would displeasure their own women like they did. In the two article class readings that we went over class, they provided a very straight forward survey of who and what type of people associate themselves with tattoos however I felt that Heywoods survey was a little too judgmental and perhaps a little on the controversial and ignorant side. I know way too many good people who have tattoos on their body and I feel like Heywoods survey was trying to make people with tattoos like their some kind of dirty people who are criminals, potheads, and etc.; I didnt really appreciate that even if she was right and such. I think research like this is just wrong and very inconclusive because what exactly does her or anyone gain from this besides telling a bunch of people who tattoos that they have problems. I didnt see really any positive information that anyone would benefit off of based on what they got from their surveys. I just feel like they did all their research for nothing because just because you have a tattoo on your body doesnt mean youre in grounds to be a bad person and have problems. I would like to see Wendy Heywood and Audrey Porcella do research and surveys on people that dont have any tattoos on their body and see what the results from that would be which I think wouldnt mean anything either. Conclusion: The existing research specifies that there is no one crowd, no one age or gender, no one occupation type, no one personality, and no particular level of social status that get tattoos. In present society where everything is so fast and forwarded, tattoo shapes ones individuality in a bit different way and could be described as a form of self-expression. Tattoo conveys an implication, a story, which is very own and very individualistic. Thats why a completely same image of a tattoo can hold a different implication to its owner and sometime to an audience. The public have their very own motivations for their tattoo, and altered perceptions are attached with it. People are seen to be provoked by something that they individually feel close, or by someone whom they admire or sometime just because of fashion. Several studies over the last couple of years show there is an escalating rate of getting tattoo among the people from all types of ages, occupations, social classes, masculinity and major demonstrations were from high schooladolescents and college undergraduates. Over half 53.4% of those who accompanied the subjects also obtained tattoos. Nearly equal proportions of 96.4% females and 93.8 % of males acquired tattoos prior to age 21. I feel like I learned that these people who were doing these surveys werent really the best people. I didnt really understand the whole point of Heywoods survey and what exactly she was intending on trying to prove. I personally was not blown away or surprised by any of the research that I did or from the two original class readings. I believe that there is so much that is still very unclear to me in this whole research project but most importantly, its very unclear to me that what exactly was the objective of these surveys and what exactly where they tr ying to prove to me and their audience. My new question is did the author like Wendy Heywood do this survey to specifically try to discredit people with tattoos? My second question would be dose Wendy Heywood have a tattoo?