How Precedents Are Applied in Court and the Rules of Statutory Interpretation free essay sample

Aims and Outcomes I will describe how precedents are applied in court and explain the rules of statutory interpretation. Firstly I will explain what a precedent is. Precedent â€Å"In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts† Example Lets say that a Court establishes that it is illegal for people to smoke or be in possession of Tobacco. The Court has clearly explained, in its decision, why it is illegal according to law to smoke Tobacco. This is Case A. Now, someone is arrested for smoking Tobacco, and is tried in Court for breach of this new law. The Judges in this case, in order to explain why they are holding the person guilty, will refer to Case A, which put down the principles concerning this offence. Case A thus becomes a precedent. A precedent is usually a decision which is so important and so well explained that it clears the fog surrounding certain issues and, in so doing, guides Courts in the future, whenever any dispute arises concerning those issues. Example 2 A court decision that becomes a rule used to makefuture decisions. For example:The government passes a law saying that ugly shirts may no longer be worn, but doesnt specify what ugly means. You wear a lime green shirt and are arrested and found guilty. You appeal the decision. A court decides to write some rules regarding what qualifies as ugly, so that the lower courts and law enforcement have a better idea what is legal. This decision, if applied broadly to the issue, becomes a judicial precedent thatother courts are meant to follow. It is different from a law because the same court or a higher  could decide to change it, setting a new precedent. How precedents are applied in court If a Judge in a magistrate’s court makes up a new law, it can be discarded by a judge from a higher up court, but not vice versa. Also if a judge comes across a case where there may be a relevant previous decision made by either the court they are currently in or another one in the hierarchy they have four possible courses of actions: Follow- If the facts are similar in the case then the judge will chose to follow the precedent in place. Distinguish- If the facts are different then the judge can distinguish between the two cases and doesnt need to follow the original precedent. Overrule If the original precedent was set in a lower court the judge may overrule it if they disagree with it. (As I stated earlier). Reverse- If the decision made by a lower court is appealed to a higher one the higher court may reverse the decision if they think the lower court has misinterpreted the law. Example of a precedent been applied in court. â€Å"A husband had sexual intercourse with his wife without her consent. The married couple had separated, but the husband forced his way into his wifes home and forced her to have intercourse with him. Up until this time the common law rule was that a husband could not be criminally liable for raping his wife, as the womans marriage vows constituted ongoing consent for sexual relations. The judge in R v R 1991 recognised the changed attitudes of society towards the status of women and created judicial precedent which outlined that all non-consensual intercourse was rape, regardless of marital status† Basically before this case it was not illegal for a husband to rape his wife because it was in their marriage vows. So the judge made it law that it is illegal for a husband to rape his wife. Thus preventing husbands in future cases, standing up and saying their not doing anything illegal. Statute law Statute law is law that has been formally written down and recorded in an Act of Parliament. It has three parts, each if which has a role to play in making the law. Statute law differs from common law in the Following ways: It was created by Parliament, not by judges. It is not bound by judicial precedent. It can abolish and replace common law. It is formally recorded in an Act of law. Basically it’s a law made by parliament. Rules of statutory interpretation. The literal rule â€Å"According to this rule the workings of the Act must be interpreted according to its literal and grammatical meaning. † For example in Fisher v Bell (1961) The defendant, a shopkeeper, was prosecuted for displaying an illegal flick-knife for sale. Because it is an offense to offer such an item for sale (Restriction Of Offensive Weapons Act 1951) he was convicted. On appeal, however, it was held that â€Å"offer for sale† has a technical meaning in law, and a shop window display is an Invitation to Treat, not an Offer in contractual terms. The conviction was therefore quashed. The golden rule- â€Å"The golden rule of statutory interpretation  may be applied where  an application of the  literal rule would lead to an absurdity. † For Example in the case of Sigsworth (1935) The court decided that a man who had murdered his mother was not entitled to inherit her estate even though the Administration of Estates Act 1925 said that where a will had not been made the persons estate should go to the next of kin. In this case the next of kin was the persons murderer and this would have been a ridiculous result. The mischief rule The mischief rule of statutory interpretation is the oldest of the rules. The mischief rule  was established in  Heydon (1584) In this rule the courts try to discover what mischief the Act of Parliament was trying to remedy and then interpret the words accordingly. An example of this is Smith v Hughes (1960). A prostitute claimed that she was not soliciting for business even though she was attracting the attention of male passers-by, tapping on the window of a house. The Street Offences Act (1959) made it a criminal offence to solicit for business in a public place or a street. The prostitute argued that since she was not in a public place she was not guilty of an offence. The court found that the mischief that Act had been created to remedy was to try to stop people being solicited in the street and since she was attracting the attention of people in the street she was guilty of an offence. Advantages of these rules. Closes loopholes and allows the law to develop and adapt to changing needs, Recognises Parliament as the supreme law maker. Disadvantages of these rules. Judges can bring their own views, sense of morality and  prejudices to a case. Can be difficult to interpret. .

Transformational acting Essay Example For Students

Transformational acting Essay Transformational acting is a another technique our group choose to utilize as it shows the characters current feelings and raw selves in order to transform who they are and their emotional ranges into that of the characters they portray. In doing so, they function, take action and live the reality and lifestyle of these characters, without having to use the past or imagining the future. Amir, as narrator moves in and out time and instigates the time changes and actor transformations. An example of this is in scene two; Amir begins to tell the story of how he and his family came to be in Australia and in doing so creates the shift in time and enterers/ becomes the character he is telling the story about. He starts the scene off by making the audience believe he is about to narrate the story when all sudden he starts grabbing characters, Stephanie becomes Penny Boulton and Brendan becomes James Boulton and the story goes on to take a and intriguing turn. This is an effective technique as it really engages the audience by keeping them intrigued in the play as it draws them into the story and is an interesting way of acting out the story rather then just narrating it. This was an important technique we choose to utilize as it was throughout the play as a means of telling the story. We will write a custom essay on Transformational acting specifically for you for only $16.38 $13.9/page Order now There where also various techniques in A Beautiful Life that we choose not to utilize. The symbol of the rose being one of them. This was mainly due to the fact that we could not adequately explore and develop this idea of freedom through the use of roses given the amount of time that we have.  A Beautiful Life follows the Brechtian, theatre of cruelty and contemporary theatre performance conventions in order to challenge assumptions rethink beliefs or reaffirm certainties. The Brechtian idea of retelling a story or events to assist the audiences understanding is used in our performance. The ideas of justice, abuse of power and prejudice are important issues the combined story of the protest and the refugee explore to communicate to an Australian audience as means of provoking social change as Brecht conventions indented it to be. An example of this is the way our performance positions the audience to see the Iranians in a sympthetic way. We show cruel, harsh and unfair imprisonment and its conditions forcing the audience to become discussed with what theyve seen and call for social change. Theatre of cruelty is the attack on the scenses and aims at challenging audiences pre conceived ideas and innocent conceptions to create new awareness so as the audience can actively take this movement and change the cause and reasons for this such extortionary theatre, using a minimalist stage, lighting and minimalist costumes. Contemporary Australian Drama is the means in which a story is developed in new ways to assist audiences interpret the ideas and images presented in the theatre. In A Beautiful Life and our play some of the unique techniques used to convey the issues of modern theatre are used, these being: transformational acting, narrator, and non-English language, to convey modern Australian issues of multiculturalism. Our play uses the techniques, conventions, background and the ideas presented in A Beautiful Life to create a small scale version of the combined histories of the refugee musician and the Iranian Embassy protest. We have conveyed the ideas of modern Australian issues regarding multiculturalism, prejudice, injustice and brutality to through an array dramatic forms and techniques. We have accurately conveyed a reflection on the ways in which our Performance reflects the performance style, dramatic techniques and conventions, conveys ideas and develops a response from the audience, and reflects the historical and social background A Beautiful Life presents.

Free Essays on Gulf Oil

Gulf Oil Case Summary Oct 1, 2003 This article dealt with the Gulf Oil takeover. Standard Oil Co. of California's (Socal) opportunity came virtually overnight. The Gulf Corporation, the nation's fifth largest petroleum company, had been under siege from an investor group seeking to Gain control of the company and sell it piecemeal for a quick profit. After warding off a takeover bid, Gulf's Board of Directors chose to offer the company up for sale. George Keller of Standard Oil Company is deciding whether of not to take it over and how much to bid on the stock. Since there are other competitors also interested in the company, Keller has to make a decision on how much to pay fast. Right now they had a very low ratio which would allow them to bid as high as 79 or 80 since they could easily borrow vast amounts of cash from creditors. This gave them an advantage over ARCO. After acquisition they would be able to handle this high debt to capital ratio in the short run, but would have to be reduced it within the next few years. Its interesting how a few months prior the stock was valued at $40 per share. This is probably because if Keller or the other bidders purchased this company, they would double their reserves of high-quality light oil. Gulf Oil spent a lot of funds on exploration and development. Although a time consuming process, this was extremely valuable for the company by increasing their reserves. Keller is contemplating using these finds which total $2 billion in order to lower their debt to capital ratio. I feel this is a bad idea. Although they would have double the reserves, they would possible jeopardize their future and allow other companies to more find oil. If they continue with the exploration and development this would lift the company to a leading position. I feel it would be better to sell off assets in order to lower the debt. Since this merger would double it’s size, they could affor... Free Essays on Gulf Oil Free Essays on Gulf Oil Gulf Oil Case Summary Oct 1, 2003 This article dealt with the Gulf Oil takeover. Standard Oil Co. of California's (Socal) opportunity came virtually overnight. The Gulf Corporation, the nation's fifth largest petroleum company, had been under siege from an investor group seeking to Gain control of the company and sell it piecemeal for a quick profit. After warding off a takeover bid, Gulf's Board of Directors chose to offer the company up for sale. George Keller of Standard Oil Company is deciding whether of not to take it over and how much to bid on the stock. Since there are other competitors also interested in the company, Keller has to make a decision on how much to pay fast. Right now they had a very low ratio which would allow them to bid as high as 79 or 80 since they could easily borrow vast amounts of cash from creditors. This gave them an advantage over ARCO. After acquisition they would be able to handle this high debt to capital ratio in the short run, but would have to be reduced it within the next few years. Its interesting how a few months prior the stock was valued at $40 per share. This is probably because if Keller or the other bidders purchased this company, they would double their reserves of high-quality light oil. Gulf Oil spent a lot of funds on exploration and development. Although a time consuming process, this was extremely valuable for the company by increasing their reserves. Keller is contemplating using these finds which total $2 billion in order to lower their debt to capital ratio. I feel this is a bad idea. Although they would have double the reserves, they would possible jeopardize their future and allow other companies to more find oil. If they continue with the exploration and development this would lift the company to a leading position. I feel it would be better to sell off assets in order to lower the debt. Since this merger would double it’s size, they could affor...

Are modern humans biologically related to Neanderthals Essay

Are modern humans biologically related to Neanderthals - Essay Example The result of the studies shows that the modern humans originated from Africa about 150,000 years ago and were dispersed to other parts of the world where they replaced Neanderthals rather than interbreeding with them. This is clearly evidenced by the discovery of skeletal remains of anatomically modern humans in different parts of the world. Anatomically modern humans were discovered in Africa while distinctively modern humans were discovered in Europe and Asia. The anatomically modern humans existed 150,000 years ago while the distinctive modern populations existed 40,000 years ago. Archaeological evidence also shows that Aurignacian technologies were spread across central, southeastern and Western Europe through the dispersion modern human from Africa. The Aurignacian technologies of modern human emerged directly from the Neanderthal technologies; indicating that the Neanderthals of Asia and Europe associated with new populations from Africa. Another group of the modern human was dispersed along the coastal Mediterranean of Europe. Neanderthal genes disappeared in Europe because there was a direct competition between the Neanderthals and the modern humans in terms space and resources. The modern humans won because they had more complex technology and organization.According to Mellars (2004), there must have been great contact and interaction between modern populations expanding into Europe and the indigenous Neanderthals across Europe. These interactions were mainly behavioral.

Decision Making Term Paper Example | Topics and Well Written Essays - 1250 words

Decision Making - Term Paper Example Although different concepts on the theoretical framework for decision making have emerged, the standard decision-making model used in organizations focus on the rational model involving â€Å"a cognitive process where each step follows in a logical order from the one before†¦ (and) it is based on thinking through and weighing up the alternatives to come up with the best potential result† (decision-making-confidence.com 1). On the other hand, authors Ticha, Hron and Fiedler wrote an article entitled â€Å"Managerial decision making – importance of intuition in the rational process† published in the Agricultural Economics Journal which aimed to determine the role of intuition in the decision making process (Ticha, Hron and Fiedler). In this regard, the purpose of the paper is to choose a real life problem that have either been noted or where one has been a part of and analyze it using one of the theories or ideas discussed in the text or in class. The discours e would analyze the decision making process by linking it to theories and concepts discussed to derive a deeper understanding of both the problem and potential solutions through increased knowledge of administrative behavior in organizations. Organizational Problem One has learned from a friend previously employed in a health care organization of a decision making process that involved both the rational model and intuition. By intuition, Ticha, et al. ... involves the manifested difficulties of nurses managers to comply with their responsibilities that involve not only patient care but complying with documentation and reportorial obligations. According to nurse managers, the need to do some administrative and clerical tasks divide their focus on patient care, causing lower productivity and performance. Other symptoms of confounding problems are exemplified through back-logs in complying with monthly reports on status of medical equipment and supplies under their jurisdiction, performance evaluations of nurses, and scheduling vacation leaves and trainings for nurses. Alternative Courses of Action and Analysis of Options Using the rational model of decision making, since the problem has already been identified, the alternative courses of action were enumerated by department managers for presentation to the Vice President of Nursing and to be forwarded to the President and CEO for approval. The different options presented were as follows : (1) Status quo or do nothing, by forcing the nurse managers to comply with both adminstrative obligations and patient care. The advantage of this option is that there would not be any displacement or changes that could possible be met by resistance and difficulties in implementation. The disadvantage of this alternative is contined backlog in reports that could be significantly detrimental in the long run since the accuracy in information for performance of personnel, inventories of equipment and supplies and scheduling of vacation leaves are lacking, there are strong possibilities for insufficient supplies, demotivated staff and delayed promotions. In addition, patient care, which is of utmost importance would likely suffer as well. (2) Review the responsibilities of the nurse managers

Prison system of the 18th and the early 19th century Essay Example for Free

Prison system of the 18th and the early 19th century Essay In the early 1800s, state prisoner were leased to Florida companies where they were often worked as slave labor. Mart Taber was a young prisoner convicted of stealing a ride on a freight train. He died as a result of the brutal treatment administered by a lumber company boss to whom he was leased. The prison system of the 1800s and the early 1900s was based on cruel and inhumane treatment. Punishment was very tragic. The prisoners were treated as animal and consider less of inhuman because of their lawlessness. They were made to right the wrongs that they have committed either trough physical pain, endure mutilation, torture, mulcted in fines, deprive of liberty, adjudges as slave or even put to death. The American prison as we know began in New York in the early 19th century. Reformation was the goal of the founders of the system. During the colonial period and in the early years of the nation, long-term imprisonment was not a common form of punishment in prison. Instead, execution was the prescribed penalty for a wide range of offenses. People who committed less serious offenses faced public punishment such as pillorying, whipping and maiming. At the beginning of the 19th century, imprisonment had replaced public punishment and execution as a form of punishment for most crimes, except murder and treason. The early places of imprisonment ranged from wood frame houses to copper mine, such as the Connecticut prison in 1790. Then, in the early 19th century two concepts of imprisonment were introduced in New York and Pennsylvania, including what the structures should look like and how they should be operated, Few people had any idea what the structures should look like or how they should be administered. (The Evolution of the New YorkPrison System, Part I. Page1) These institutions were not only meant to be houses of convicted criminals, they also had the objective of reforming inmates into temperate, industrious, hard-working citizens and return them to their societies as new men. Sentences were long enough to allow the prison system its program of reformation. In Pennsylvania, the prison system of reformation was to separate the inmate and provide him with a small room and a exercise area totally isolated from  the human companionship Only in the purity of complete isolation could be the corruption be overcome and the restoration of faith and honesty be attained (The Evolution of the New YorkPrison System, Part I. Page2) After an appropriate period of total isolation and inactivity, the prisoner was allowed to small bits of handicraft work and a Bible in his cell. The inmate was not allowed to see another prisoner. The founders of the prison system believed that isolation was the only way for a prisoner is rehabilitated. Prison system of the 18th and early 19th century left a reasonable quantity of dead prisoners and also physical abuse to the inmate. The crime that any prisoner has committed doesnt justify the cruel and inhumane treatment they receive in jail. If the founders of the prison system from that time of period wouldnt have been so cruel, they would had avoid so many death and people being maltreated. Instead of merciless punishment they should had given them social work as their sentence and should had taken advantage from the prisoners keeping in mind that they are human beings.

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Interest Groups â€Å"Interest groups organization of people sharing common objectives who energetically attempt to influence government policymakers through direct and indirect methods†. J. M. Molins and A. Casademunt, "Pressure Groups and the Articulation of Interests", in West European Politics, No. 4, 1998 This structure is designed so that interest groups would be a device of public influence on politics to generate changes, but would not intimidate the government much. Whether this is still the case or not is a significant question that we should find out. Interest groups play numerous different roles in the American political system, such as depiction, participation, education, and program monitoring. Representation is the purpose that we see most frequently and the function we routinely think of when we think of interest groups. Involvement is another role that interest groups play in our government, which is while they facilitate and support the contribution of their members in the political process. Interest groups also educate, by trying to enlighten both public officials and the public at large concerning matters of significance to them. Interest groups also keep way of how programs are functioning in the field and endeavor to influence government to take action when troubles become obvious when they monitor programs. The conventional interest groups have been organized around several form of economic origin, be it corporate interests, associates, or unions. The number of business-oriented lobbies has developed since the 1960s and continues to grow. Public-interest groups have as well grown extremely since the 1960s. Liberal groups started the trend, but traditional groups are now just as common, though some groups... ...e Role of Local Government and Citizens in the Democratic Process," National Civic Review, vol. 85, no. 3, Fall 1996. March, J.G. & J.P. Olsen (1998): `The Institutional Dynamics of International Political Orders,' 52:4 International Organization 943, Exploration and Contestation in the Study of World Politics, Cambridge, Mass: The MIT Press, pp. 303-329) March, J.G. & J.P. Olsen (2000): `Democracy and Schooling,' in L.M. McDonnell, P.M. Timpane & R. Benjamin (eds), Rediscovering the Democratic process of Education, Lawrence: University of Kansas Press, pp. 148-173 Olsen, J.P. (1997): `Institutional Design in Democratic Contexts,' 5:3 The Journal Of Political Philosophy 203 Rokkan, S. (1999) (edited by P. Flora, with S. Kuhnle & D. Urwin): State Formation, Nation-Building and Mass Politics in Europe: The Theory of Stein Rokkan, Oxford: Oxford University Press