Pathways in Computer Science (captioned)
This video clip illustrates the diverse pathways that students pursue after receiving Bachelors degrees in computer science or computer engineering. (10:28)
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The pupil will have a positive attitude towards Irish and will develop an interest in it. The pupil will enjoy learning in Irish.
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TWC9: Windows 8, Code Formatting Macro, You will love Debugger Canvas

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5 Obtaining descriptive statistics

Activity 4

0 hours 20 minutes

This activity demonstrates how a simple dataset can be used to produce some basic statistics. You will see how the data from a simple experiment can be descri
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Licensed under a Creative Commons Attribution - NonCommercial-ShareAlike 2.0 Licence - see http://creativecommons.org/licenses/by-nc-sa/2.0/uk/ - Original copyright The Open University

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4.1 Introduction

You cannot cite precedents to a judge and ask him or her to follow them if you don't have a good record of all the earlier cases and how they were decided. The operation of binding precedent, therefore, relies on the existence of an extensive reporting service to provide access to previous judicial decisions.

This section will briefly set out where you might locate case reports on particular areas of the law. This is of particular importance to advocates (usually barristers but s
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3.5 Summary of Part B

In Part B you have learned that:

  • the system of precedent requires later courts to use the same reasoning as an earlier court, where two cases raise the same legal issues;

  • the contents of a case report can be divided into two categories:

    • ratio decidendi – the statement of legal principles essential to the decision. The ratio is the binding element of the case


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3.4.3 Summary of binding precedent

In this section you have seen:

  • that not everything in a court case sets a precedent

  • the difference between ratio decidendi (the statement of legal principles material to the decision) and obiter dictum (the discussion of legal principles raised in argument but not material to the decision)

  • that the binding element in a future case is the ratio and that, while the obiter will never be bindin
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3.4.2 Distinguishing

In comparison with the mechanism of overruling, which is rarely used, the main device for avoiding binding precedent is that of distinguishing. As has been previously stated, the ratio decidendi of any case is based upon the material facts of the case. This opens up the possibility that a court may regard the facts of the case before it as significantly different from the facts of a cited precedent, so it will not find itself bound to follow that precedent. Judges use the device of dis
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3.4.1 Overruling

Overruling is the procedure whereby a court higher up in the hierarchy sets aside a legal ruling established in a previous case.

It is strange that, within the system of stare decisis, precedents gain increased authority with the passage of time. As a consequence, courts tend to be reluctant to overrule longstanding authorities even though they may no longer accurately reflect contemporary practices or morals. While old principles are not usually good in dentistry or computer sci
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3.4 Binding precedent

Not everything in a court case sets a precedent. The contents of a case report can be divided into two categories:

  • 1. The reason for the decision – ratio decidendi

  • The ratio decidendi of a case is not the actual decision, like ‘guilty’ or ‘the defendant is liable to pay compensation’. The precedent is set by the rule of law used by the judge or judges in deciding the legal problem raised by the facts
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    Licensed under a Creative Commons Attribution - NonCommercial-ShareAlike 2.0 Licence - see http://creativecommons.org/licenses/by-nc-sa/2.0/uk/ - Original copyright The Open University