Law judecial precedent Essay Example | Topics and Well Written Essays - 2500 words

Law judecial precedent - Essay Example its merits and not on the merits of previously decided cases and on the other hand, the law of judicial precedent is important as part of the courts internal control mechanism. With the law judicial precedent, the courts are bound to follow what principles and interpretations of law have been previously set, thus whimsical and unfounded decisions can be avoided. Moreover, since there are now decided cases that may serve as basis in deciding the case at hand, we will have some ideas as to the possible outcome of the case. On the negative side, the existence of judicial precedent can hinder the delivery of justice. As in the case of R v Kansal (2002), the court considered itself as bound by its decision of the case of R v Lambert (2001) even if it knows that its decisions in that case is flawed. Situations like these presents big dilemma that could have some bearing on people’s perspective about the courts. Can the Court correct its flawed decisions even it is bound by the law of judicial precedent? Yes, the decisions of the Courts are not cast is stones and these decisions may be reversed, overruled or rejected under certain grounds. In the case of Young v Bristol Aeroplane Co Ltd (1944), the Court of Appeals said that it bound by its previous decision. Technically, the court is saying here that we have decided a case similar as this and unless there is a clear showing that the facts of case at bar contradicts that of the previously decided case, it has no choice but to follow the course of it previous decisions. The Court of Appeals in this case also provided three cases where it can overturn its previous decision and these conditions are as follows (1) where there is a conflict between two Court of Appeals decisions (2) where the decision is in conflict with the decisions made by the House of Lords and (3) where decision of the previous case is said to be given a per incuriam (a fin ding of want of care exist), the courts cannot decide the case at bar

Havoc Movie Review Example | Topics and Well Written Essays - 750 words

Havoc - Movie Review Example In such cases, the immigrant is under the power of his/her spouse. Any of the individuals can become dependant on the other individual in any way. In such cases, the independent individual has a greater power dynamic. Power dynamic of an individual is also greater if he/she is more committed to the relationship than the other. Age also matters as the elder members of a relationship have more power dynamic. Therefore, the determinants of power dynamics make one individual dependant on his/her partner. Q.1B These dynamics can be translated into politics. It depends on the person having these dynamics. Like a colonizer, this person can manipulate his/her dynamic to draw the other individual deeper into his/her power. Male units can often be noted boasting about what they do for their family in front of them. The persistent reminder of dependence on her partner has a great psychological effect on the female unit. A colonizer wants to make himself needed and be envied of his power by the people of his colony. In intimate relationships, the dominant partner would not want his/her power to be envied by the other unit but the drive to assert the fact of one's being in power may cajole him to translate his/her dynamic to politics. ... Every person should know his limits and never try to mingle with the people of upper, lower or a completely different class. America's invasion of Afghanistan took a little time but even now it cannot be said that their invasion was successful. It is because the Afghan society is a classless society. They have never craved for other people's possessions and envies are very less in such societies. No ghetto boundaries are created except the ones which have been their even before the invasion i.e. between Americans and Afghans. A colonizer attempts to create these classes so that the people of a particular class can feel inferior or superior to the other class hence making the rule easier. Q.3 Alison and her friends believe that Hector and his friends are very cool and do a lot of drugs whenever they want. Especially after their first encounter, Alison is very impressed with Hector's world and is drawn to him. She saw that he had a gun and a teen-ager has this image in his/her mind tha t it feels great to commit a crime, run away from the police and get away with everything. Alison and her friends were never exposed to Hector's world before and lived in their own ghetto boundary which was away from the South. Similarly, Hector and his friends had lived in their ghetto boundary of the South who did not had to do anything with Alison and her friends. Hector and his friends thought that Alison and her friends showed up repeatedly to quench their sexual craving when they were doing so to fit in Hector's world and mould their lifestyle accordingly. Both groups misunderstood other group's intentions. Hector had been very keen to know what Alison wanted but she was unable to explain it to him.