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. What is the average value of a loyal customer (VLC) in a target market segment if the average purchase price is $75 per visit, the frequency of repurchase is six times per year, the contribution margin is 10 percent, and the average customer defection rate is 25 percent? Using the formula: VLC = (P) (RF) (CM) (BLC) VLC = (75) (6) (10%) (1/0.25) VLC = $180.00 The average value of a loyal customer (VLC) is $180.00. 12. What is the average defection rate for grocery store shoppers in a local area of a large city if customers spend $60 per visit, customers shop 52 weeks per year, the grocery store has a 12 percent gross mar- gin, and the value of a loyal customer is estimated at $2,750 per year? 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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 .

Plato The Allegory of the Cave Essay Example

Plato The Allegory of the Cave Paper Plato was a Philosopher who used a story based on people imprisoned in a cave to explain the way in which he thought humans formed ideas based on their senses. The story is known as the Allegory of the Cave and is one of Platos most famous passages. The allegory has different meanings at different levels; therefore there is not just a single moral in this story. Plato believed that there were two worlds, the world of appearance, the world we are in, and another world known as reality a world we were all in before we entered the world of appearance, however we cant remember it. Plato suggests that the body is a kind of prison in which the soul is trapped. The allegory begins with several prisoners tied up and trapped in a cave with little light. Plato uses this to show how he feels the soul is trapped in the body, as if it were imprisoned. The only light comes from a small fire, which is also used as a projector to show images of puppets on a wall in front of where the prisoners are positioned. The prisoners are only aware of one thing in the cave, the shadows created by the puppets. They believe that the shadows are a form of real life; to them they are real images but according to Plato they are very mistaken. The prisoners have lived in the cave all their lives and know no different. We will write a custom essay sample on Plato The Allegory of the Cave specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Plato The Allegory of the Cave specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Plato The Allegory of the Cave specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Plato uses this to show how we build up knowledge based on what we see. As the prisoners have never know any other form of life or even another world they are forced into thinking that there experience is normal, because that is all that their senses have ever experienced. Furthermore, Plato claims that the prisoners would assume that the echoes made by the people came from the shadows of the puppets, and that these echoes would also be taken as reality. As is now evident, the shadows are highly (and deliberately) analogous to everyday beliefs held to be true by the majority of people, which in reality are no more than mere illusions. Plato is here demonstrating, by use of the shadows, what he believes to be the lower level of intellect, i.e. belief, as opposed to the higher level of intellect, i.e. knowledge {or dialect}. On what grounds might Platos understanding of human knowledge be criticised? Platos understanding of human knowledge may be criticised on a number of grounds, the first and most fundamental of which in my opinion, would be the abstractness of his theory of knowledge, specifically, the theory of the forms. Many may argue that the idea of having a non-temporal, non-spatial, universally perfect form for every object in the phenomenal world is, quite plainly, ridiculous, on the grounds that perfect form is only relative to the person or standard judging that form. Take for example, Platos perfect form of beauty. We see numerous examples in everyday life of peoples perceptions, and differences of opinion in matters of beauty; in relation to art, sexual partners, cars, in fact almost anything. The idea that the amount of beauty in the above things can be agreed upon by every single person seems absurd enough, never mind the absurdity of a universal form of beauty being agreed upon. The elitism of Platos understanding may also be criticised, as it may seem immoral to some because of the arrogance portrayed by him. What Plato is actually claiming is that only a tiny minority of people like himself have true understanding, and that the rest are ignorant and wrong. Platos attitude is summed up by his quotation of Homer, to illustrate his point, effectively saying how he would rather be a surf in the house of some landless man than live and think as they do. A further criticism would be that Platos understanding of knowledge has no practical relevance, as it gives no indication or guide as to how to achieve the higher levels of intellect or, more importantly, how to apply his theory to the moral field of making everyday decisions.

Maslows Hierarchy Of Needs Questions 1-4 Essays - Happiness

Maslows Hierarchy Of Needs Questions 1-4 Essays - Happiness Maslows Hierarchy Of Needs Questions 1-4 September 24TH 2015 1.Using your Everyday Encounters textbook as your reference, provide a brief description of Maslows Hierarchy of Needs in your own words. Explain briefly how communication helps us meet our needs (3 pts.). I believe we need communication in everyday life, its how we survive. Maslows hierarchy of needs starts with what I think is important, self-esteem needs are what we need to respect ourselves, to be values and to be respected by others. We strive for self-confidence in everyday life, we want to be better than we were yesterday. Thats how we communicate to ourselves to grow and succeed. 2.Select one of the eight needs on the hierarchy. Provide a definition of that need (3 pt.). The rest of the assignment will focus on this need Self-esteem needs are most important, they are competence, approval and recognition. -Competence is having suitable or sufficient skills, knowledge, and experience -Approval is valuing and respecting ourselves and being valued and respected by others. We communicate through our mind to respect our selves -Recognition is confirmation that another person exists, we do this by non-verbal Behaviours such as a smile or a touch or even verbally by saying things such as Hello nice to meet you. 3.Reflect on a time when you used interpersonal communication in order to meet that need. Explain the situation, who was involved, what you and the other person or people communicated, and how your need was met (6 pts.) When I decided to come out as gay, I had to communicate with my family to let them Who I was. I was so nervous to talk but once I started speaking I was calm. My family sat there and listened then reassured me that it was ok that they love and respect me no matter what. Communicating helped meet my needs by putting self confidence in myself. 4.Consider your future workplace (i.e. addictions) where you will work with clients from different walks of life. Provide an example of a situation in which you will use communication to help someone meet the need you selected (6 pts.). Becoming a counsellor if someone came to me with a situation like mine they were having a hard time coming out to their family, I would tell them about my experience about coming out to my family because I have that knowledge. I then would make sure they are confident in themselves that they would have the approval they need from their parent (example: are they comfortable with other people who are gay) I then would ask the client if they respect them self well enough to be sure that this is what they want. I would make sure he recognises that I am understanding and listening well too him by showing empathy for them. Communication allows your voice to be heard. .

Training Plan ( Training & Devolpment) Assignment

Training Plan ( Training & Devolpment) - Assignment Example Workshop and exercises (Day 2). Workshop served as the summative learning wherein participants were asked at the end of the module to identify gaps in their time management and how to improve them through effective time management. In this exercise, participant’s ability to manage their time effectively using the methods taught was gauged. The exercises will help the administrators of the training to identify training gap. This is beneficial for the training session because it will help ensure that the training objectives will be imbued among the participants. These objectives include a grasp of time management and the ability to manage and control their time and activities properly. Flipchart and power point presentation. For the participants have a visual idea of how to effectively manage their time using the various time management techniques such as time matrix, prioritizing, and goal setting, a power point presentation were used during the lecture and discussion to aid and facilitate understanding about SMART (Specific, Measurable, Achievable, Realistic and Time Bound) goal setting and other methods. This will aid the formative learning process Participant’s grasp of the training were measured in terms of their ability to construct their own Time Matrix, SMART Plans, Order of Priorities and ability to identify the important from non-important activities. The long-term benefit of the training plan may not be immediately felt by the students and administrators of the training. It is expected however that students must be able to have a greater efficacy and efficiency in their activities that will result to higher productivity and better performance in all aspect of lives due to the lessons learned in time management. Ultimately, it is also envisaged that with the ability to control time and manage activities, students will have a more fruitful and successful lives both in

Criminal Law Assignment Essay Example | Topics and Well Written Essays - 2500 words

Criminal Law Assignment - Essay Example The most popular rhetorical questions are, what do you mean by â€Å"reasonable†? â€Å"How do you recognise a reasonable man?† â€Å"Based on what criteria will one judge as to the reasonableness of a person?† reasonable person as the â€Å"ordinary person, is the person you must consider when you are considering the effect which any acts, any conduct, any words, might have to justify the steps which were taken in response thereto, so that an unusually excitable or pugnacious individual, or a drunken one or a man who is sexually impotent is not entitled to rely on provocation which would not have led an ordinary person to have acted in the way which was in fact carried out.2 Long before the enactment of the Homicide Act 1957, the philosophy of the reasonable man had been fairly established. Section 3 of the Homicide Act 1957 provides that where on a charge of murder there is evidence on which the jury find that the person charged was provoked (whether by things done or by things said or both together) to lose his self-control, the question whether the provocation was enough to make a reasonable man to do as he did shall be left to be determined by the jury. Furthermore, in determining that question, the jury shall take into account everything both done and said according to the effect, which, in their opinion, it would have on a reasonable man. In Regina v Smith decided by the House of Lords, section 3 of the 1957 Act was further discussed that where there is evidence on which the jury can find that the defendant was provoked to lose his self-control, (1) the judge is bound to leave that matter to the jury and (2) the jury are to decide the matter by taking into account everything done and said according to the effect which, in their opinion, it would have on a reasonable man. 3 The enactment of the Homicide Law proved to be divisive in the light of the Philosophy of the Reasonable Man. Lord Hoffmann observes, section 3 modified the law in two