Judicial Precedents Essay Example | Topics and Well Written Essays - 1250 words

Judicial Precedents - Essay Example However, this is not binding on cases of Federal Courts, or by Courts of other States or country. The principle of stare decisis can be split into two parts. The first is the rule that a decision made by a higher court is a binding precedent, which a lower court cannot overrule. The second dictum is that a court should not upset its own precedents unless there is valid reason to do so. This needs to be motivated by principles from similar and lower courts. Under English legal system, judges are not justified to make their own decisions about the development, or interpretations of law. They may, or may not be held by a ruling made in a previous case. Two facts are important in finding out whether a precedent is binding: One of the main disadvantages of the use of precedents is that there is no mental exercise on the part of judiciary and it may not do the best brand of justice that could be rendered in a specific case. When a jury takes a decision based on previous case ruling, it has not exercised its own discretionary and discriminative powers, and, in a way has just copied its predecessor by way of issue of legal judgment. Whether there are sufficient reasons to believe that both the cases are similar for a common ruling is another matter, to be tried by the Court of Appeal or any other competent legal body. Precedent has a very important role in the common law. It ensures firmness, uniformity, logical sequence and expansion of the law. At the same time, it can be rigid and complex - what is "the law" on a subject may be very difficult to find or to state as it is often spread across many cases with varying degrees of intricacies. The law is also easier to find and state and is rationally prospective rather than based on the chance event of litigation, which may give rise to laws based on extreme or unusual situations, or erratically argued cases. Precedent is dependent upon written record of cases: Precede means that the judges have to place before consideration before granting verdict, the full accounts of the case history and other relating matters to the subject. Therefore, it could be argued that, in the absence of such matters and documents, the order of precedent may not be established. The second dictum is that a court should not upset its own precedents therefore, records are a sine quo non, which must be present to enforce legal pronouncements. Necessary documentary evidence may be needed before precedents could be established. Before the concept of precedent lays down previous similar decision, it

The Mexican Revolution and the Middle Class Research Paper

The Mexican Revolution and the Middle Class - Research Paper Example The Mexican revolution remains one of the most important revolutions that took place in Latin America. It is marked with political celebrations in Mexico, and this is because it is an important political event. The most important players during this revolution were the middle class. The middle class played a great role in ensuring that the revolutionaries won the war, against President Diaz. These people provided money and soldiers for purposes of advancing the agenda of the revolutionaries. The army was under General Carranza, and it engaged the government in urban centers. The middle-class army also provided support to the armies of General Pancho Villa in the North, and General Zapata in the South.This support was essential in breaking the various sieges that the government army had laid against these two Generals. By concentrating in urban areas, the government’s army was also limited on how it could advance its troops for purposes of quelling the rebellion in the rural ar eas of Mexico. Furthermore, after the rebellion, it is the Middle Class who took over power and began initiating a sequence of policies aimed at changing promoting good governance in Mexico. Immediately after the end of this revolution, President Obregon took over the leadership of Mexico and introduced a series of changes aimed at making Mexico a democratic state.People who argue against the recognition of these revolutions denote that they are bloody and violent, and hence they lead to the loss of lives.

The Natural Born Citizen Essay Example for Free

The Natural Born Citizen Essay The President of the United States of America is the most powerful man in the world. The decisions that he makes and the policies that he enforce are things that have direct or indirect effects not only on the U. S citizenry but also on people living in other countries. This fact makes it imperative that a man or a woman who is going to assume the office as the President of the United States must have full control of his mental, physical, and emotional faculties when he takes over this important position. This is the primary reason why individuals who intend to hold office as president of the United States should be a â€Å"Natural Born† citizen. The wording â€Å"Natural born† means that the candidate should have been born into this world via natural birthing methods. THE NATURAL BORN CITIZEN THE FACTS ABOUT NATURAL BIRTHING Being born via a Natural birthing method ensures that the child has a huge probability of having full control over his Mental, physical and emotional faculties in comparison to those born via unnatural birthing methods (Caesarian method). Being born via Caesarian method has the following adverse effects namely: (a) The change that may take place on a child’s brain because of the chemical effects of anaesthetic drugs like morphine and lidocaine. These are drugs that are administered on laboring mothers to counter the immense pains associated to childbirth. Effects may include but would not be limited to cognitive and behavioral problems like long term Brain damage, ADHD and Autism (Stacey 2008). (b) Psycho social problems have a higher risk of occurrence on Caesarian born children than those who were born via natural means. According to Dr. Stanislov Grof, caesarian-born children often displays particular attitudes and personality traits like low self esteem, and difficulty in completing a task. CONCLUSION There is no question that the Position as Chief Executive of a country is a very demanding position that entails commitment and sound mental faculties. A person who is bound to get this office should have mental, physical and emotional resources that he could call upon to serve his country especially in troubled times. Caesarian born individuals are not fit to hold this office because there is a huge possibility that they are not intrinsically, physically and mentally fit enough to assume their duties as the president of the most powerful country in the World. This office demands that the person who holds office should have a nearly perfect if not fully unblemished mental and physical faculties. The THE NATURAL BORN CITIZEN position is not created by the constitution to be a testing laboratory for a potentially unfit individual. This position is not for the feeble minded, and the weak of heart. Any possibility of handing this position over to an individual who may be emotionally and mentally unstable is an unjustifiable risk that the most prominent country in the world cannot take. Such an undertaking is untenable and prejudicial to the best interest of the United States of America and her citizenry. The individual that should lead this great nation should have a sound body and mind at his disposal to best serve his country and his fellowmen. Anything less is a travesty to Democracy and Good Governance. References: Common Drugs Used During Labor and Their Side Effects. Retrieved May 22, 2010, from World wide web: http://natural-childbirth. net/tag/effects-of-drugs-on-baby/ Emerson, W. (1993). Treating birth trauma during infancy: Dynamic outcomes. CA: Emerson Training Seminars. Emerson, W. (1996). Treating birth trauma during infancy: Cord trauma. [Video-tape]. CA: Emerson Training Seminars English, J. (1985). Different doorway. Adventures of a cesarean born. CA: Earth Heart Press. Grof, S. (1998). Realms of the human unconscious. New York: Viking Press.

Sociology :: Sociology Essays

Some sociologists have marked the course of the history remarkably. Others with lesser impact, have been rapidly forgotten. Karl Marx belongs to those with unforgettable memory. His works didn’t perish, but are rather classified as everlasting. Karl Marx, German political philosopher and revolutionist, is one of the most influential thinkers of all times. He’s the founder of modern socialism and communism. He’s by many appraised and glorified and in the eyes of others, he’s viewed as a shame to mankind. Karl Marx’s achievements are numerous but the main issue of this paper is aimed to analyze his theory on capitalism. It is as an economist theorist that he commands our interest here. It’s important to mention that karl Marx was, in his youth, influenced by many sociologists and it is through their influence and ideas that he had shaped his overall doctrine. To mention, Adam smith, in reference to his economical views; Ricardo, as a political economist; Williams Friederick Hegel, by his dialectical process of thesis, contradiction and antithesis even though he rejected his view about idealism. Not to forget, his close friendship with Frederick Engels who had an enormous effect on his writings and who had continued many of his unfinished writings after his death. Marx’s theory of capitalism firstly emerged in â€Å"The Communist Manifesto†, a book written by Marx in 1847,and which was the first systematic statement of modern socialist doctrine. It contains a statement of principles that clarifies his theory. In few words, â€Å"The Communist Manifesto† embodies the materialist conception of history or historical materialism. The manifesto’s propositions are that in every historical epoch, the prevailing economic system by which the necessities of life are produced, determines the form of societal organization, and the political and intellectual history of the epoch is a history of struggles between exploiting and exploited, that’s between ruling and ruled, social classes. A further explanation will be given latter on. Karl Marx’s theory appeared again in a book written in 1867, the â€Å"Das Kapital†(volume 1). It’s as well, a systematic and historical analysis of the economy of the capitalist system of society, in which he developed the theory that the capitalist class exploits the working class by appropriating the â€Å"surplus value† produced by the working class. Now, the theory of capitalism will be analyzed deeply.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   â€Å"The history of all hitherto existing society is the history of class struggle†(communist manifesto). Capitalism, for Marx, is a historical development.

Business Structure Advice Essay

Owner- Congratulations for taking the first step in starting your own business. I am confident that I can provide you the necessary information that you need in order to help you make the best decisions for you and your new business venture. Developing a detailed business plan is key in starting a successful business. When forming a business you will first need to decide on the business structure. In your email you stated that you were on whether or not you wanted partners. You have the following options for business structures: sole proprietorship or partnership. A sole proprietorship is the basic type of business structure. It would consist as you being the owner only to run and operate the business. The advantages of this business structure is that it is easy to start-up, the start-up costs are low and the owner receives all profits from the business. Also, the owner can upgrade to a partnership or corporation easily in the future. A disadvantage to this business structure is the proprietor is responsible for debts and obligations. Business earnings for a sole proprietorship is taxed once, thus making filing taxes not complicated. Funding for a sole proprietorship is usually from personal finances and friends and families. This is due to limited financial opportunities from lending institutions and investors. A partnership involves you and at least one other person. There is two types of partnerships: general and limited. In a general partnership owners are equal and split responsibilities accordingly. In a limited partnership the limited partner have a limited role. The advantage of a general partnership is that the business is easy to start and profits and losses are divided among the partners. A disadvantage is that all partners are liable for debt. Another disadvantage is that all partners are bound to actions or decisions made by one partner. Last, this is not a good structure if the partnership wants large capital. For this type of business structure, each partner is taxed. A limited partnership is ideal for who has a preference of not having an active role in the company. Advantages include: minimum government regulations, limited partners not held responsible for debt and liabilities, and gener al partners have complete control. Disadvantages for a limited partnership are: more expensive to create compared to a general.

The Between Neocolonialism And Classical Colonialism

Colonialism is often regarded as one of the greatest atrocities committed by mankind. Throughout history, civilizations have been exploited and oppressed primarily by European settlers that took advantage of indigenous people’s labor and extracted resources from the land. Indigenous people were often treated as slaves by colonizers that profited from the resources that they produced and injected into the global economy. Many regard colonialism as a historical event that human kind has ascended from, however, it still exists in modified and very similar ways in the present. This phenomenon is often referred to as neocolonialism. I will examine the properties of both neocolonialism and classical colonialism by observing their similarities and differences regarding monetary economics and developmental economics and examine the social impact of these perceptions. Despite the monetary systems of classical colonialism being much less complex than those of neocolonialism and post-colonialism, the monetary aspects of classical colonialism are a completely separate category of discrimination upon the disadvantaged. Indigenous tribes often had their own unique methods of accounting and organizing transactions. These methods were sufficient in determining tribal obligations (Goswami, 1984, p. 56-60). During the colonial period in Africa, â€Å"Colonial governments established uniform monetary systems and abolished pre-existing currencies, usually without compensation† (Manning, 1974, p.Show MoreRelated12 Years a Slave and Crossing the River: Postcolonial Critique1155 Words   |  5 PagesAtlantic slave trade, subsequently producing unconscious bigotry and racialized fantasies. As a postcolonial United States absconded from the political, cultural and economic ways of Great Britain, imperialism remained as a consequence of the human coloniali sm of slavery. Steve McQueen’s adaptation of 12 Years a Slave depicts the legacy of slavery and racism, and its relation to the African American diaspora. Through the collapse of identity and white prevalence, 12 Years a Slave subverts order and chaosRead MoreDefinition Of A World Class University Essay2114 Words   |  9 Pagesand power, globalization is able to reflect â€Å"the rise of the service sector and the dependence of many societies on knowledge products and highly educated personnel for economic growth† (Altbach and Knight, 2007, p. 290). It is a both ways impact between higher education and globalization. Globally, universities have become advanced contributors with sophisticated skills and knowledge. They are also deemed as vanguards for building up â€Å"the international academic mobility† (Altbach and Knight, 2007Read MoreA Report Of Post Wwii Development Of Kenya2483 Words   |  10 Pageswith Rostow’s stages of growth model and the Ha rrod-Domar Growth model, linear stages of growth model demonstrated that all the developed countries must have undergone several essential stages. Moreover, Harrod-Domar deemed that the relationship between the growth and the capital requirement is close. It is reasonable for us to illustrate how Kenya fit/ not fit in every stage in the progress. Stage 1: The traditional society: Kenya is a still in a â€Å"traditional society† stage, which is characterizedRead MoreImpact of Globalization on Pakistan Economy8194 Words   |  33 Pagesglobalization on Pakistan in particular and on the developing countries in general. Therefore, unlike the developed nations’ fashion of regarding globalization as the means of development, Pakistan and other developing nations regard globalization as the neocolonialism which ensures more and more politicoeconomic as well as strategic empowerment of the capitalist developed countries at the cost of the present and future of the developing nations through the practice of the predatory law of â€Å"might is right†[(AnjumRead MoreCan the Subaltern Speak9113 Words   |  37 PagesDerrida. And I will have recourse, perhaps surprisingly, to an argument that Western intellectual production is, in many ways, complicit with Western international economic interests. In the end, I will offer an alternative analysis of the relations between the discourses of the West and the possibility of speaking of (or for) the subaltern woman. I will draw my specific examples from the case of India, discussing at length the extraordinarily paradoxical status of the British abolition of widow sacrifice

Laurence M. Hauptmans Between Two Fires American Indians...

The American Civil War tore apart many American lives. These people lost loved ones, had to endure the pains of those who lost limbs, and deal with emotional needs. However American lives were not the only ones that suffered and fought the war. American Indians served for both the North and the South during the Civil War. There reasons was to what they could gain from the side the chose, pride for the land they lived in, and to Indians did not have much going for them at the time. From generals to privets they stood there ground and fought with pride. Laurence M. Hauptman tells their story in his book Between Two Fires: American Indians in the Civil War Indians have fought in every war from the Battle of Oriskany in 1777 to the Gulf†¦show more content†¦Watie and his followers continued to fight for the South. The focus is turned to the Pamunkey of Virginia and the Lumbee of North Carolina. These tribes did not like the white supremacist attitude and served for the benefit of the North. The Pamunkey worked as river boat pilots for General McClellans Army during the Peninsula campaign in 1862. The Lumbees were fighting the Confederate Home Guard during Shermans Carolina campaign. Both Pamunkey and the Lumbee thought themselves as avengers to people of color. In Mr. Hauptman book he writes of how important the Eastern Band of Cherokee and the Catawba of South Carolina were to the Confederacy. The Cherokee had over four hundred men led by William Holland Thomas, a white man who had been adopted by the Cherokee when he was a child. With Thomass leadership they prevented Union attacks along Confederate communication and rail links. They also intimated Union supporters in east Tennessee and western North Carolina. The Cherokees did so well that they were allowed to keep some land in western North Carolina along the Tennessee border. The Catawba were dependent on whites and became the first to join the South as infantrymen. They also worked to capture runaway slaves trying to make their way North. The Indians in the Northeast join the North mostly because of dependency on the white man and out of a since of loyalty they served as union sharpshooters most of