The Similar Material Facts For Courts Law Essay - Free Essay Example

Sample details Pages: 3 Words: 943 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Essay any type Did you like this example? According to the case given by the question, we would like to discuss about whether a high court judge are bound to follow the decision made by the judge of Court of Appeal when they are having the similar material facts. As a High Court judge, Mr Justice Peter is bound to follow the decision of Court of Appeal. Under judicial precedent, decisions made by judges previously in similar material facts are binding upon future cases depending on the hierarchy of the court. A judicial precedent is a decision of the court used as a source for future decision making. This is also known as stare decisis and by which precedents are binding and must be followed. A court is bound to follow the decision made by higher court and some courts are followed by their own decision. Once a precedent is set whether or not the decision is correct, it cannot be changed until it is being overruled by a higher court in a later case. The hierarchy of court of Malaysia as shown in Diagram 1 consists of Superior courts and Subordinate courts. Under Superior courts, we have Federal Court, Court of Appeal and High Courts. Federal Court is known as Supreme Court before 1 January 1985. Federal Court is the highest court in Malaysia with appellate and original jurisdiction. Next is the Court of Appeal which established in 1994. It has the jurisdiction to determine appeals from judgements of a High Court or a judge thereof and such other jurisdiction as may be provided for under any federal law.  [1]  Last in the Superior court is High Court which divides into Malaya and Sabah and Sarawak. There are two High Courts with parallel authorization. For the Subordinate courts, it includes sessions courts, the Magistrates courts, the juvenile courts and penghulus court for Malaya. Ratio decidendi is the rule of law contained the decision of the court in a case. The judgement must contain the findings of material facts, statement of law and the decision based on the combine d effect of the findings and statement. On the other hand, obiter dictum is not binding but only persuasive. It consists of two type of obiter dictum: a statement relates to facts which were not found to exist and a statement which does not form the basis of the decision (dissenting judgement). However, it is hard to distinguish between ratio decidendi and obiter dictum under the cases by the judges. For a precedent to be binding, there are two requirements that must be met. Firstly, it must be a ratio decidendi statement. Next, the court must have a superior, or in some cases, equal status to the court which is considering the statement at a later date. In other words, Mr Justice Peter is bound to apply the rule of law stated in the earlier judgement because the requirements are met and the material facts of the case are similar. Besides that, precedents are classified into original precedent and declaratory precedent. Both of them are equally important as sources of law. Ori ginal precedents are rule or law that are newly created or applied. It is use when judge are deciding on a case without a binding precedent and he will decide according to justice, equity and good conscience. For declaratory precedents, there are the existing legal principles that merely declare or apply on the similar case. An example of original judicial precedent is the case of Donoghue v Stevenson.  [2]  Mrs Donoghue friends ordered an ice-cream and ginger beer for her at Wellmeadow Cafà © in Paisley which owned by Francis Minchella. Mrs Donoghue drank most of the ginger beer and found a decomposed snail in her drink. She was then suffered severe shock, later gastroenteritis, mental depression and loss of wages following time off work. Therefore, she sued the manufacturer, David Stevenson under the Duty of Care in tort of negligence. In this case, one of the members of House of Lords, Lord Atkin has formulated what is known as neighbour principle which is about the fores ight of the impact of ones acts on ones neighbours is central to the existence of a duty of care in the law of tort, especially on the then developing nascent tort of negligence. Based on the above case, Dutton v Bognor Regis U.D.C.  [3]  are bound to follow previous decision as both of the cases are about the duty of care. The case is about Plaintiff was the second owner of the house in 1960. In 1963, the walls began to crack, windows could not shut properly, and other defects appeared. Plaintiff was informed that the house was built under unstable foundation. So he sued the council for negligence. He succeeded as a professional person who gives advice as to the safety of buildings owes a duty of care not only to the owner at that time, but to all those who might suffer injury as a result of their subsequent use. Hence, Mr Justice Peter is bound to follow the decision made by the Court of Appeal. This is due to the judicial precedent which is a system where judges are bin ding to the previously decided cases that are in the similar facts by the court of same status or higher depending on the hierarchy of the courts. In this case, Court of appeal and high court is under superior court but court of appeal is one step higher than the High Court. Diagram 1: Federal Court Court of Appeal High Court in Malaysia High Court in Sabah and SarawakSuperior Court Syariah Court Syariah Court Native Court Sessions Court Sessions Court Juvenile Court Magistrates Court Juvenile Court Magistrates Court Subordinate Court Penghulus Court Don’t waste time! 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Operations Management Homework - 843 Words

1. What is the best way to increase value the most, given the following information for one customer? Base Case: Perceived benefits $50 and Price $10.00 Improvement Option A: Perceived benefits $65 and Price $13.00 Improvement Option B: Perceived benefits $65 and Price $12.50 Improvement Option C: Perceived benefits $60 and Price $12.50 We derive the following (using the formula, value = perceived benefits / price (cost) to the customer): * Base Case: value = (50/10) = 5 * Option A: value = (65/13) = 5 * Option B: value = (65/12.50) = 5.20 * Option C: value = (60/12.50) = 4.80 The option B is the best way to increase value the most (but the cost to the customer is higher, and the perceived benefit as well).†¦show more content†¦Use productivity arguments to recommend whether or not to change the current system. †¨ Using the formula: = 50 / 1 = 50 = 90 / 3 = 30 It is better not to change the system, since a single worker can handle 50 cars per hour (taking orders, assembling them and acting as a cashier), on the other hand, 3 workers (one taking orders, the second assembling them, and the third acting as cashier) would handle 30 cars each. 10. 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Genetically Modified Foods Essay Example For Students

Genetically Modified Foods Essay Genetically modifying foods is an imprecise experiment with widespread repercussions that is harmful to practically everyone involved and should be stopped. This relatively modern technology gives scientists the ability to change and swap the DNA make-up of any species. While this may seem like a breakthrough, it causes many problems for people who eat the modified food, for the plants that are changed, for the farmers who typically grow the original plants, and also for the environment. Another reason we should stop altering food is that no long-term tests have been done to see what side affects could occur, and in tests that have shown negative results these results are disregarded by the U.S. The most widely used method of gene splicing, recombinant DNA, uses biochemical scissors called restriction enzymes to cut the strings of DNA, selecting required genes. These are then ferried by a virus or a bacterium that infects the host, smuggling the gene into the plants DNA. In this way scientists have been able to create slow ripening and seedless fruit, crops that grow in unfavourable conditions and are resistant to disease or herbicides and milk from cows given a genetically engineered growth hormone. The benefits of gene technology in terms of food production are enormous. The most common genetically engineered crops contain modifications that make the plants resistant to certain diseases and herbicides, or allow them to produce their own pesticides, thereby eliminating or reducing the need to spray. So-called Bt corn, for example, contains a gene resistant to the harmful mycotoxin fungus and herbicide producers, Monsanto have created a strain of soybeans genetically modified to be unaffected by their product Roundup. The soybean farmer therefore can avoid targeting specific weeds and require just one application of a general weed-killer, reducing costs and agricultural waste run-off. Genetically modified crops are also being adapted to grow in salty, dry or frosty environments, contain edible vaccines, have a longer shelf life and be more nutritious. A group of Swiss and German scientists recently developed a strain of GM rice know as golden rice due to its altered colour. Containing genes that produce a unusually high amount of beta-carotene (vitamin A), this rice could be a solution to the thousands of poor children in Asia who eat little but rice and go blind or die from lack of vitamin A Public reaction to the use of recombinant DNA in genetic engineering however has been mixed. Sliding US export commodities such as genetically modified soybeans and corn have highlighted hardened public opinion and widespread resistance to biotech crops, especially in the European Union. Concerns about GM foods fall into three categories: economics, environmental hazards and human health risks. The latter two have been the subject of hot debate, both in Australia and overseas. Environmental damage from GM crops can be caused through various channels. One of the main concerns has been the possibility of gene transfer to a non-target species, that is crops engineered for herbicide tolerance and weeds cross-breeding, resulting in the transfer of the herbicide resistance to create superweeds. In addition, environmentalists fear that transgenic plants may proliferate rapidly, pollinating natural plants in their surroundings eliminating existing species. Further environmental suspicions include those of unintended harm to other organisms (especially non-target insects) and of the reduced effectiveness of pesticides once insects become tolerant to a crops natural pesticide. Questions have also been raised on the human impact of genetically modified organisms. Critics of recombinant DNA fear that the pathogenic, or disease-producing organisms used in some recombinant DNA experiments might develop extremely infectious forms that could cause worldwide epidemics. Likewise, the unknown effect of foreign genes introduced into GM food crops in terms of human health also presents a controversial issue. Furthermore, there is a possibility that introducing a gene into a plant may create a new allergen or cause an allergic reaction in susceptible individuals. A proposal to incorporate a gene from Brazil nuts into soybeans in order to increase their nutritional value was abandoned when it was found that the genetically engineered soybeans caused an allergic reaction in .