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The Nature of Legal Decision-Making

Executive Summary
This paper will scrutinize the doctrine of judicial precedent and its dependence on the hierarchy of the courts, the written records of cases and the approach of the judges. It will also comprehensively assess the relative importance of these three elements in the current judicial precedence. There will be in-depth discussion on the association between the three criterion and the final impact on the judicial decision making.

Introduction

Notwithstanding the violation of lawmaking on materials that used to lie inside the sphere of the communal regulation, significant capacity orts for the judicial tradition of trailing precedent, exclusive of Continue reading...

Distinguish between the two types of precedent and provide examples of each

There are two kinds of precedents, persuasive precedents and binding precedents. Binding precedents also known as mandatory precedents are precedents that obligate a court to follow its decision. Binding precedents have to be followed by a court; however, there are circumstances where a court can refrain from a binding precedent. When the details of a case are parallel, all inferior courts are obliged to follow ratio decendi of the superior courts. In a binding precedent, if a case has been previously ruled and a same matter is presented in the court, the same precedent should be used (Stephen 123). Continue reading...

Wall2Wall Ltd is a design and luxury interior company, first established in 1980, that is known for creating unique, high quality, wallpapers, paints, and other wall-décor supplies, predominately through Do-It-Yourself stores, intended for people wishing to handle home renovation on their own. The business has a history of significant profitability, however, several specific hardships over the last few years have taken a toll on the company’s bottom line, and have ultimately left the company seeking ways to raise their profitability in the coming fiscal year.
Some, though not all, of that financial hardship has occurred as a Continue reading...

The United States’ usage of the death penalty has long been a controversial policy. Many opponents argue against the ethical issues of the death penalty, while others cite the fact that few Western countries actually still use the death penalty today. However, despite the ethical issues, many states and the federal government still employ the death penalty today. The Unite States policy makers do this because of the federalist system, Supreme Court precedent, and public opinion, despite the fact there is data which suggests the death penalty is an ineffective and outdated policy.
The federalist system of government employed Continue reading...

Introduction

This paper seeks to review and analyze the Doctrine of Promissory Estoppel and its application within the Australian legal jurisdiction. According to this doctrine1, it was formulated with the overriding objective of preventing the inequitable dissemination and application of the common law in Australia. However, the Australian courts have recently expended the interpretation and application of the doctrine to the extent that certain critical considerations that are contained in this doctrine are now deemed to be irrelevant2. In this regard, this paper will seek to understand and analyze the origins of this doctrine within the Australian legal system, and Continue reading...

1. Introduction
Like many contemporary ethical dilemmas, the question of who owns a frozen embryo arises as an unintended consequence of a technological advance. As in vitro fertilization (IVF), developed in 1987, came within the technical and financial reach of more and more couples, the number of frozen embryos stored in fertility clinics skyrocketed. According to the RAND Corporation, as of April 11, 2002, there was a total of 396,526 frozen embryos being stored in the United States. No one is entirely sure how many there are today, but some sources estimate that they number over 500,000 ( Continue reading...

Welfare has remained a contentious and politically divisive issue. American politicians and scholars alike, have continued to engage in dialogue about this issue.
Welfare recipients, due to their impoverished socioeconomic status, often turn to substance abuse as an escape from their day to day lives. This conversely functions as a major barrier to their sociability, work performance, and overall well-being (Pollack et al., 2002, p. 256).
Since the 1970s, Republicans and extreme Conservatives time and again have proposed legislation and a litany of public policies that would grant state governments and institutions the power to mandate and enforce drug Continue reading...

Welfare has remained a contentious and politically divisive issue that American politicians and scholars alike have continued to engage in dialogue about. Welfare recipients, due to their impoverished socioeconomic status, often turn to substance abuse for repose, which conversely functions as a major barrier to their sociability, work performance, and overall well-being (Pollack et al., 2002, p. 256). Since the 1970s, republicans and neoconservatives time and again have proposed legislation and a litany of public policies that grant state governments and institutions the power to mandate and enforce drug tests for welfare recipients. Some state governments have already implemented Continue reading...

Hart and Dworkin’s Theories in the case of Riggs v Palmer

Hart and Dworkin’s Theories
Introduction
There has been a recent revival of Jurisprudence under the stimulation of professors Ronald Dworkin and H.L.A. Hart. It has been long believed in the United States that jurisprudence is esoteric and lack practical significance. The unconscious and conscious decisions made by the practitioners, professors and judges give a reflection of jurisprudential preferences.
However, recognizing what is at stake in a jurisprudential controversy is not easy because such disputes usually leave in obscurity any practical result. To a great extent, the criticism raised over by Professor Dworkin’s on Professor Hart’s positivistic Continue reading...

Native Americans in U.S. History
“From the theft of Native American and Mexican lands in the nineteenth centuryfrom the Trail of Tears to Japanese internment, from the creation of ghettos, barrios, reservations and Chinatowns; to the disproportionate placement of toxic hazards in minority neighborhoods—the racial projects of American society have always been spatial projects as well”—George Lipsitz, 52.

INTRODUCTION

Economic exploitation and dispossession, cultural and physical genocide, coerced mass migration from their sacred, ancestral and nutrient-rich lands to arid climates, stripping indigenous tribes of their state-sanctioned tribal sovereignty, and environmentally racist policies all represent the various mechanisms and Continue reading...