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
3.3.6 Summary of the system of precedent The basis of the system of precedent is the principle of stare decisis and this requires a later court to use the same reasoning as an earlier court where the two cases raise the same legal issues. For example: House of Lords’ decisions are binding on all other courts in the legal system, except the House of Lords itself. The Court of Appeal is bound by previous decisions of the House of Lords. The Court of Appeal generally i
3.3.5 The High Court The High Court is also bound by the decisions of superior courts. Decisions by individual High Court judges are binding on courts inferior in the hierarchy, but such decisions are not binding on other High Court judges, although they are of strong persuasive authority and tend to be followed in practice. It is possible, however, for High Court judges to disagree and for them to reach different conclusions as to the law in a particular area. The question then becomes – how is a later High Co
3.3.4 Divisional courts The legal terminology for these courts is not very straightforward! The High Court is divided into three ‘divisions’, each one dealing with different sorts of cases – the Family Division, the Chancery Division (that deals with property and money cases) and the Queen's Bench Division (that deals with cases involving things like contracts and negligence). Each of these divisions, however, also has the capacity to act as a court to hear appeals from lower courts and, when the judges s
3.3.3 The Court of Appeal The Court of Appeal is always bound by previous decisions of the House of Lords. The Court of Appeal generally is also bound by its own previous decisions. There are, however, a number of exceptions to this general rule. Lord Greene MR listed these exceptions in Young v Bristol Aeroplane Co. Ltd (1944). 3.3.2 The styling of legal cases Activity 8 asks you to read Reading 1 – a short extract from The English Legal System (Slapper and Kelly, 2003) – and identify what you consider are the advantages of allowing the House of Lords to overrule its previous decisions. This extract provides you with examples of instances when the House of Lords has not followed its own previous decisions. This may be the first time you have read the name of a legal case. Case names are written in a particular style. For example, t 3.3.1 Supreme Court of the United Kingdom This is the highest appeal court in the UK and was created by the Constitutional Reform Act 20045. The court became operational on 1 October 2009. Generally permission to appeal must be sought before a case can be brought to the UK Supreme Court. As the highest court of appeal it hears matters which involve points of law of general public importance and concentrates on cases of the greatest public and constitutional importance. Its decisions are binding on all courts lower in the court CIDMEF Libreville 2011 - Session CADMEF : Evaluation des enseignements et des stages.
XVIIIème Journées Universitaires Francophones de Pédagogie des Sciences de la Santé de la CIDMEF. 1.1 Getting an overview Newsmaker Highlight: Florence Eid, President, Arabia Monitor 21L.010 Writing with Shakespeare (MIT) Prokaryotes and eukaryotes 3.1 What the review is about Next steps After completing this unit you may wish to study another OpenLearn Study Unit or find out more about this topic. Here are some suggestions: If you wish 1.4.13 Defining a ‘good death’ Tal-e Malyan Zooarchaeology: Tal-e Malyan Zooarchaeology 5.6 A few final thoughts You will have seen from this section that it is difficult to talk about the heart without also talking about blood and veins and arteries. It is hard to isolate one body system or one body part and describe it by itself, without talking about other parts of the body as well. One of the important points that we would like you to remember about the biology of the human body is that everything is interlinked. An athlete hoping to maximise their performance in a sport has to work on all pa
3ème Congrès International Francophone de Pédagogie des Sciences de la Santé
16 – 19 avril 2011
Faculté de Médecine de Libreville (Gabon). Université des Sciences de la Santé
Titre : CIDMEF Libreville 2011 - Session CADMEFÂ : Evaluation des enseignements et des stages.
Intervenant : Abdelhaq ALAOUI YAZIDI (Marrakech, Maroc)
Résumé : Session
Are you a technophobe? Bluetooth, Ethernet WiFi – are they terms that mean nothing to you? This unit will gently guide you to an understanding of how devices 'talk' to each other and what technologies and processes are involved. You will also look at wired and wireless communication technologies, introducing you to some of the key methods involved.
Florence Eid, President, Arabia Monitor discusses the impact of Arab investment in North Africa.
William Shakespeare didn't go to college. If he time-traveled like Dr. Who, he would be stunned to find his words on a university syllabus. However, he would not be surprised at the way we will be using those words in this class, because the study of rhetoric was essential to all education in his day. At Oxford, William Gager argued that drama allowed undergraduates "to try their voices and confirm their memories, and to frame their speech and conform it to convenient action": in other
This RLO describes the characteristics of eukaryotic and prokaryotic cells.
School governors are responsible for establishing the performance management policy of the school and for reviewing the performance of the headteacher. This unit will guide you through these processes, including the appeals procedure should the headteacher have any concerns. You will also learn the importance of linking performance review to pay review.
Activity 8
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