Thursday, May 21, 2020
Income InequalityÃ¢â¬â¢s affect on Society Income inequality is on the rise and it is evident in most cities throughout the United States. There are individuals with six to seven figure incomes and then there are individuals whose income is just enough to get by. The middle class is not as prominent as the upper and lower class. This should be the other way around. There should not be so many cities with very wealthy neighborhoods right next door to low class, rundown neighborhoods, with little middle class households. Digging deeper, 47.6% of the money in the United States belongs to individuals that receive $98,200 or more (Ã¢â¬Å"Distribution of U.S. family incomeÃ¢â¬ , 101). The middle class should be much more noticeable with the upper and lowerÃ¢â¬ ¦show more contentÃ¢â¬ ¦Putting a band-aid on this issue would not be something that just one person could do, due to checks and balances, because if the president proposes something, chances are it will be beneficial for one s ide and worse for the other. That other side, would most likely oppose it and it would not get past congress. Ã¢â¬Å"Congress has cut taxes on high incomes repeatedlyÃ¢â¬ Robert Lieberman stated Ã¢â¬Å"and has relaxed the tax treatment of capital gains and other invest income, resulting in windfall profits for the wealthiest AmericansÃ¢â¬ (Lieberman). Taxes are taking away the lower classÃ¢â¬â¢ money and making them even poorer, while the automation of industrial jobs are making the rich even richer and taking jobs from the poor. It would be much more logical if a law was put into place restricting the automation of industrial jobs. Although not one person alone can change the income gap, there are little things that could lessen the income inequality and hereby create a larger middle class . Feeding off of this, there are various ways the income gap can be changed. Bill Ryan talks about how due to robots and outsourcing of our blue-collar jobs, there are no real middle clas s jobs anymore. He also mentions that one thing that could be done to limit this is to make some kind of law preventing the outsourcing and the use of robots in middle class jobs.Show MoreRelatedWhy Is Income Inequality an Important Issue for the Chinese Society and Its Future Economic Growth?2192 Words Ã |Ã 9 PagesWhy is income inequality an important issue for the Chinese society and its future economic growth? Introduction Nowadays, China has become the second largest economy in the world. The GDP (gross domestic product) of china was growing at 9.7% per year in average since 1978, which the year of Chinese Ã¢â¬Å"open doorÃ¢â¬ politic founded. China also has become the biggest producer and consumer in many key agricultural and industrial markets and the largest FDI recipient among the developing countries. TheRead MoreEconomic Inequality, Inequality And Inequality952 Words Ã |Ã 4 Pagesthe OECD, the term inequality in the opposite of equity can be defined as evenness or fairness within the social, political, and economic perspectives. Equity forms the core value of both the western democratic tradition and religions. From the concept of equality, inequality can be described as unfair or uneven treatments of the people within the society or unequal distribution of resources, income, and other factors between different sectors in the society. Inequality can be defined asRead MoreWhy The Income Inequality Affects The Health Of People Essay1695 Words Ã |Ã 7 PagesIncome inequality also causes obesity however; we mostly blame individuals for being obese. Being obese can have a serious impact on mental and physical health. it is an illness that is associated with stereotypes. The biggest one is Ã¢â¬Å"if poor people become obese they cannot be not poorÃ¢â¬ . People in this mentality also exclude the structural and social conditions that cause illnesses such as obesity. Social life affects the health of people, especially the socioeconomic level. How much you earn monthlyRead MoreFactors That Determine The Quality Of Health And Wellbeing Essay1666 Words Ã |Ã 7 Pagesand individual factors control the societies health. Income inequality is one of the leading determinant for our health. The effects of income inequality on health maybe understood by examining some social mechanisms, such as public education and healthcare, structural violence, di sruption of social cohesion and social capital; and individual risky behaviors. (Kawachi and Kennedy, 1999) My topic is income inequality and health because access to adequate income have a significant effect on peopleÃ¢â¬â¢sRead MoreIncome Inequality : Not All Live Equal Lives1198 Words Ã |Ã 5 PagesIncome inequality is a major issue throughout society in the United States of America, due to a corrupt and inconsistent economy that is displayed for individuals to suffer through. Those who are rich or poor in the United States of America should not all live equal lives. Yes, rich people benefit the most from income inequality, however they do not participate towards a fair level of taxpaying commitment, in comparison to those individuals who live low or middle class lifestyles. Anger occurs frequentlyRead MoreCorrelation Between Income Inequality And Homicide Rates1276 Words Ã |Ã 6 PagesThis project will analyze the connection between income inequality and homicide rates. The data from Federal Bureau of InvestigationÃ¢â¬â¢s Uniformed Crime Report (UCR) and National Crime Victimiz ation Survey (NCVS) will be analyzed and the areas of highest homicide rates will be found. The income level of each region will be found by using the data from U.S Census Bureau. This project will also discuss why there is a connection between income inequality and crimes. It is predicted that people who liveRead MorePoverty Inequality And Poverty And Inequality875 Words Ã |Ã 4 Pagesdefine both extremely important concepts which are poverty and inequality. Both inequality and poverty have mainly negatives impacts in the society therefore, it is almost a prerequisite to have an understanding of both for the sake of reduce them accurately. The first purpose of the essay is to give a thorough understanding of what poverty and inequality are. The second purpose is to display some similarity between poverty and inequality. Poverty Primarily, a simple definition of povertyRead MoreInequality in Social Classes1668 Words Ã |Ã 7 PagesImagine living in a society full of equality, where everyone would have the same income, house, and social class, in other words a Ã¢â¬ËperfectÃ¢â¬â¢ world, free of competition, greed, classes, and more importantly inequality. Unfortunately, living in classless society falls under the category of a utopia, as long as greed exists in the heart of society, inequality and the division between classes is not going to end. As Mary Douglas once stated, Ã¢â¬Å"Inequality can have a bad downside, but equality, for itsRead MoreIncome And Social Class Inequality1281 Words Ã |Ã 6 PagesINCOME AND SOCIAL CLASS INEQUALITY IN AMERICA This paper will review and analyze the relationship between income inequality and society, and how social class brackets came to exist. We will also cover the factors that contribute to the downward mobility experienced by the middle and lower-class members of society in America. Ã¢â¬Æ' There is a very close relationship that exists between income inequality and social class. Many families experience set-backs as a result of the growing income inequalityRead MoreWhy Does Income Inequality Exists?1442 Words Ã |Ã 6 Pages- - - Ã¢â¬Å"WHY DOES INCOME INEQUALITY EXIST?Ã¢â¬ Submitted to: - Submitted by: - - - - 4. Why does income inequality exist? Income inequality, also known as economic inequality or wealth and income differences typically refers to inequality among individuals and society, but it can also refer to disparity among countries. There are many reasons for this phenomenon to happen within the societies, most of them are often inter-related. However, we could say that the most important
Wednesday, May 6, 2020
Wal mart With around 5000 retail outlets worldwide, operating in more then a dozen countries and with over US$286 billion in annual sales, Wal-Mart is the top retail chain and number one fortune 500 company in the world. Wal-Mart is the top employer in the U.S. with 1.3 million employees, Ã¢â¬Å"the company accounts for 9 cents of every US retail dollar and sells around 20 per cent of the nationÃ¢â¬â¢s groceries and pharmaceuticals.Ã¢â¬ (Times News Network). Wal-MartÃ¢â¬â¢s sheer size gives it unrestrained economic power which allows it to drive down costs in the retail and manufacturing sectors and to enact its own standards with regards to its work force. Facts about Wal-Mart and China * It is important to understand that there is a huge differenceÃ¢â¬ ¦show more contentÃ¢â¬ ¦Many reports have been written documenting the economic and eventual social and environmental degradation which occurs when Wal-Mart Ã¢â¬Å"comes to townÃ¢â¬ . Ã¢â¬Å"Over the course of [a few years after Wal-Mart entered a community], retailers sales of menÃ¢â¬â¢s and boys apparel dropped 44% on average, hardware sales fell by 31%, and lawn and garden sales fell by 26%. In towns without Wal-Marts that are close to towns with Wal-Marts, sales in general merchandise declined immediately after Wal-Mart stores opened. After ten years, sales declined by a cumulative 34%.Ã¢â¬ [Kenneth Stone at Iowa State University, Ã¢â¬Å"Impact of the Wal-Mart Phenomenon on Rural CommunitiesÃ¢â¬ ]. Wal-Mart and India Ã¢â¬ ¢ Wal-Mart is seeking to open its own retail chain throughout India. Ã¢â¬ ¢ Indias $250 billion retail business is the eighth largest in the world and has the potential to grow 7 per cent by 2011. [McKinsey Report] For a company already dominating the world markets, this is an un-passable opportunity. Ã¢â¬ ¢ The owners of Wal-Mart stand to gain enormous profits from this move while IndiaÃ¢â¬â¢s economy will suffer and its workers will be subjugated to the unfair work practices of this Multinational Behemoth SWOT Analysis Wal-Mart Strength * Wal-Mart is a powerful retail brand. It has a reputation for value forShow MoreRelatedSwot Analysis for Walmart1637 Words Ã |Ã 7 PagesSWOT Analysis for Walmart Fay Stewart MGT/521 February 1, 2012 Audrey Ellison A SWOT analysis looks at the strengths and weaknesses of a company and the opportunities and threats. When used in business it can help a company carve a sustainable niche in the market. A SWOT analysis can be a powerful tool that can assist a company in uncovering opportunities that they can exploit. If a company can comprehend their weaknesses they can then manage and eliminate threats that would otherwiseRead MoreSwot Analysis in Walmart669 Words Ã |Ã 3 Pages Walmart Swot Analysis Walmart, which is a multinational retail company is based in the US. It majorly deals with selling groceries and general merchandise. The company has developed a well organized planning method that is used to analyze and evaluate the opportunities and threats, strengths and weaknesses detected in a particular business venture. The method is known as Swot analysis. Despite the strengths approved, there is an existence of certain weaknesses which have been found to be existingRead MoreWalmart Swot Analysis857 Words Ã |Ã 4 PagesGoals identify the companyÃ¢â¬â¢s strengths and weaknesses. Walmart is known as powerful retail brand. It has notoriety for value of cash, comfort, and an extensive variety of items across the board store. Sam Walton s unique vision to run a successful chain of extensive rebate and retail chains has come true. Walmart s most prominent strengths are the customer conception of low costs, their market clout, their capability in data innovation, and their wide store and dissemination netwrok. These strengthsRead MoreWalmart Swot Analysis1539 Words Ã |Ã 7 Pages 3.4 SWOT WalmartÃ¢â¬â¢s supply chain management has proved to be very effective, which has led the company to success. This case study analyzes the companyÃ¢â¬â¢s strengths and weaknesses, and factors in what threats they face, as well as what opportunities that they can exploit. 3.4.1 Strengths Walmart is a very powerful retail brand that represents affordability. Their number one strength is their efficient supply chain network. They offer Ã¢â¬Å"Everyday Low PricesÃ¢â¬ and have a consistent level of inventoryRead MoreWalmart Swot Analysis1266 Words Ã |Ã 6 PagesSWOT ANALYSIS OF WALMART The Ã¢â¬ËFortune 500Ã¢â¬â¢ is a list of top 500 companies, with the highest gross revenue in the United States. The list is complied and published on an annual basis by the Fortune magazine, and it includes both publicly and privately held companies arranged in decreasing order of their gross revenue adjusted for excise taxes. The Fortune 500 list was first was published in 1955, and originally included only manufacturing, mining, and energy industries, but now it has beenRead MoreWalmart Swot Analysis2382 Words Ã |Ã 10 PagesSWOT Analysis Ã¢â¬â Wal-Mart Juan Carlos Escobar BUS 137 20 Principles of Management Dr. Harry J. Caldwell March 21, 2013 SWOT Analysis Ã¢â¬â Wal-Mart In the study of management is very interesting making an analysis exercise of a market company like Wal-Mart which has revenues greater than the Gross Domestic Product (GDP) of many countries. The last fiscal year, ended January 31 2013, Wal-Mart reported revenues of 466,1 US billion (Walmart Inc., 2013). This amount is greater than the last GDP reportedRead MoreSWOT analysis of Walmart5872 Words Ã |Ã 24 PagesPeople think we got big by putting big stores in small towns. Really, we got big by replacing inventory with information. Sam Walton, Founder of Wal-Mart SWOT analysis of Walmart This is Walmart Stores Inc. SWOT analysis for 2013. For more information on how to do SWOT analysis please refer to our article. Company background Name Wal-Mart Stores Inc. Industries served Retail Geographic areas served Worldwide Headquarters Bentonville, US Current CEO Mike Duke Read MoreWalmart Swot Analysis : Walmart Essay984 Words Ã |Ã 4 PagesWALMART ANALYSIS 1 WALMART ANALYSIS 5 Business Process Management Hieu Le Columbia Southern University Walmart Analysis Walmart is the largest supply chain in the world which distributes different products of multiple firms. For the last fifteen years, Walmart has grown significantlyRead MoreSwot Analysis : Walmart Inc.1968 Words Ã |Ã 8 PagesWalmart is a company that most people have heard of; it is one of the largest retail corporations with 11,527 retail units as of 29 February 2016, 4,573 within the United States, 651 SamÃ¢â¬â¢s clubs, and 6,303 Walmart internationals.(Ã¢â¬Å"Our Locations,Ã¢â¬ n.d.) This report aims to take a brief look at the Walmart Corporation; itÃ¢â¬â¢s strengths, weaknesses, opportunity and threats along with an environmental analysis, five forces analysis and a look at strategy formation. Company Background: The History of WalmartRead MoreWalmart Swot Analysis1483 Words Ã |Ã 6 PagesStrength Walmart is the largest retail chain in the world wide and has most of its business resident in the United States. The shares size and corresponding volumes that it needs to purchase to stock its stores gives it the bargaining power to negotiate lower wholesale prices. This translates into being able to deliver low prices to its customers. The company has been in business for several years and has become a trusted brand and a household name. The size of the company has also allowed it to
WEDDINGS IN THE UAE Every nation has its own way of celebrating their festivals or personal occasions. These anniversaries are indeed very essential and important in the culture of every country in the world. Some people have different ways of celebrating their rituals and their dear parties. We will write a custom essay sample on Student of the Year or any similar topic only for you Order Now In the UAE, for example weddings have another different story. Have you ever asked your grandparents about their wedding? Weddings were different in the UAE in the past. In the days before the discovery of oil, the majority of people didnÃ¢â¬â¢t have much money and they lived in smaller towns and villages where everyone knew every other. Unlike today when a wedding is a very expensive party for one day, weddings in the past often lasted for many days and the whole community took part in them. One day I asked my curved back and toothless grandmother about how she got married from my grandfather. Her cracked face smiled and produced a laughing sound . She didnÃ¢â¬â¢t hesitate to answer me with pleasure as I am Some people who are 80 years old now remember when a dowry cost Dh 60 and Dh 40 would pay for a whole wedding. The family of the bride and her women neighbors made the wedding dress in a tent near her house , In the past , these dresses were very colorful and were sewn with a hand . It took several days to sew the brideÃ¢â¬â¢s clothes, so women had a chance to visit. They often sang while they worked. When they the clothes were ready, they perfumed the clothes with incense and then stored the clothes in a wooden trunk. Then as now, henna decorations were very important for a beautiful bride. The groomÃ¢â¬â¢s family prepared the place for the couple to live . The mother of the groom even made a cradle so that when the couple had their first child , the babyÃ¢â¬â¢s bed would be all ready. A tailor made the groomÃ¢â¬â¢s colored kandoora. Even the man wore henna sometimes in the past. Food was as important in the past as it is now. However, in the past, the families got together to make large amounts of rice and meat that were served at the wedding. Since houses were smaller in the past, weddings were often held outdoors in small tents and both men and women attended them. The men danced and the women sang old songs about love and happiness. Wedding traditions change with time. Recently, more people have chosen to have their wedding parties in traditional tents set up near the houses instead of having them at luxury hotels . Some young Emiratis prefer to have their weddings in tents because it makes them feel more committed to heritage and traditions and it helps them save money and feel more private. Tent dealers are very happy with the increase in their business. On tent dealers once said more than 50% of their clients have been UAE nationals who have hire tents for their weddings . Another company said that they charge 25,000 Dhs for tents with full service for 1000 guests. It is a recent habit to have wedding parties in a 5-star hotel. A lot of neighbors and relatives could not attend the wedding if it was in a hotel. How to cite Student of the Year, Essay examples
Sunday, April 26, 2020
Process whereby judges are required to follow the rules of law established in previous cases decide by courts of equal status or higher where the legal principle established is the same and the facts or points of law are sufficiently similar every court is In England and Wales the courts operate a very rigid doctrine of precedent which has the effect that bound by the decisions made by courts above it in the hierarchy and in general courts are bound by their own past decisions. The doctrine of Precedent is the process whereby judges should follow previous decisions in similar cases to help maintain a degree of consistency in the way the law is applied in similar cases. It is based on the maxim Ã¢â¬Å"stare decisisÃ¢â¬ which means stand by what has been decided. donoghue v Stevenson followed in grant v Australian knitting mills. The Ratio Decidendi (reasons for deciding) is the only binding part of a judgeÃ¢â¬â¢s decision but how judges interpret this can vary thus changing the impact it can have on future decisions Other than ratio decidendi there can be other comments by judges,The obiter dicta (things said by the way) here the judge speculate the outcome of the cases had the facts of the case been different. We will write a custom essay sample on Judicial Precedent or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page in the original case it is merely persuasive because it was not strictly relevant to the case before them Apart from the Obiter dicta there are other forms of persuasive precedent which although are not binding can still have an impact on the decisions of judges e. . decisions of courts lower in the hierarchy. An example of this is in RvR (marital rape) where the HoL followed a decision made by the Court of Appeal and effectively created a new crime deciding that rape could be committed in marriage. The court hierarchy plays a big part in deciding which decisions have more weight. Though the rules of precedent are applied rigidly and donÃ¢â¬â¢t appear to allow scope for creativity, there are ways in which the doctrine of precedent can be avoided Ã¢â¬Ëthus allowing judges to create new law. There are four main ways in which courts can avoid precedent: * The HoL use of the practice statement The 1966 Practice Statement allows the HoL to change the law if they believe that an earlier case was wrongly decided. They have the flexibility to refuse to follow an earlier case Ã¢â¬Å"when it appears right to do soÃ¢â¬ , thus extending the power of the Law Lords (at least in theory) to create law. Though it is not used often it can have a major effect throughout the legal system e. g. hen Caldwell overulled Cunninghum to make subjective recklessness the only acceptable recklessness in English Law. * The exceptions in YoungÃ¢â¬â¢s Case for the Court of Appeal The court of Appeal is normally bound by its own previous decisions. This rule comes from the case of Young v Bristol Aero plane Co. Ltd. But that case did allow for 3 exceptions where the Court of Appeal need not follow itÃ¢â¬â¢s own past decisions. Where: 1. There are conflicting decisions in past Court of Appeal case s, the court can choose which one it will follow and which one it will reject 2. There is a decision of the HoL which effectively overrules a Court of Appeal decision; the court of appeal must follow the decision of the HoL. However it is more like an obligation rather than a scope to disregard any decision. 3. The decision was made per incurium ie carelessly or by mistake because a relevant act of Parliament or other regulation has not been considered by the court The first two exceptions do not give the Court of Appeal any power to change or create law; it is only the last exception (per incuriam) that gives a very small degree of flexibility to correct errors. The extra exception for the Court of Appeal(criminal division) The criminal division as well as using the exceptions from YoungÃ¢â¬â¢s case can also refuse to follow a past decision of its own if the law has been Ã¢â¬ËmisappliedÃ¢â¬â¢ or Ã¢â¬ËmisunderstoodÃ¢â¬â¢. This exception is not often used but it does give the court of appeal the power to alter law when it is necessary. * Distinguishing (which can be used by all courts) This is a method which can be used by a judge to avoid following a past decision which he would otherwise have to follow. It means that the judge finds that the material facts of the case he is deciding sufficiently different for him to draw a distinction between the present case and the previous precedent. He is then not bound by the previous case. This way of changing precedent can be used by a judge in at any level of court. a precedent can also be avoided by overruling and reversing. Overruling is a way of correcting mistakes of lower courts. a higher court in a different later case can set aside a legal ruling established in a previous case. reversing is the overturning of a decision of a lower court by a higher court on appeal. Judicial Precedent free essay sample In order for the system of judicial precedent to work, there must be rules for judges to follow to make sure that there is consistency in the law. One way of doing this is to have a system on hierarchy, where decisions (judgements) in the superior courts bind those of the inferior court. Some courts are bound by their own previous decisions. In England and Wales our courts operate a very rigid doctrine of judicial precedent which has the effect that: every court is bound to follow any decision made by a court above it in the hierarchy; and in general, appellate courts are bound by their own past decisions Activity: Which courts come where in the hierarchy? Civil CasesCriminal Cases The European Court of Justice The ECJ is not part of the English court structure. It does not hear national cases. Under Article 234 of the treaty of Rome 1957, an English court may refer a point of European law to the ECJ for interpretation. We will write a custom essay sample on Judicial Precedent or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This interpretation is binding on all courts in the European Union Ã¢â¬â All courts must then follow this point of law. The ECJ is not bound by itself. House of Lords/Supreme Court The Supreme Court is the most senior court in England and Wales. Its decisions bind all other courts in the English legal system. The Supreme Court is not bound by its own past decisions, although it will generally follow them. The House of Lords was replaced by the Supreme Court from 1st October 2009. The Supreme Court will exercise the same jurisdiction as the House of Lords and the Law Lords will take office as Justices of the Supreme Court. Court of Appeal The Court of Appeal is bound by the decisions of the Supreme Court. It is also bound by its own previous decisions. However, the case of Young v Bristol Aeroplane (1944) set out three exceptions when the Court can depart from its own previous decisions. High Court The High Court has two roles. It is a court of first instance and an appeal court. Has 3 divisions Ã¢â¬â Family Division, Chancery Division and the QueenÃ¢â¬â¢s Bench Division Ã¢â¬â each of these three divisions has its own Divisional Court. Lower courts and the High Court itself are bound by decisions made in appeal cases in the Divisional courts of the High Court Ã¢â¬â the Young v Bristol Aeroplane rule still applies though. First instance decisions of he High Court must be followed by the lower courts, but not other High Court judges, although they are highly persuasive. Crown Court, County Court Magistrates Court The inferior courts are not bound by their own decisions, nor do they bind other courts. This is because they do not make precedents; they just apply the precedents set by the higher courts. Activity: Complete the table below outlining the courts and precedent Court Court bound by it Courts it must follow European Court Supreme Court Court of Appeal Divisional Courts High Court Crown Court County Court and MagistratesÃ¢â¬â¢ Court do not create precedent and are bound by all higher courts What is the difference between ratio decidendi and obiter dicta? What does a judgement contain? The judgment is a speech made by the judge giving (4 things): A summary of the facts A review of the legal arguments, i. e. the summary of the relevant law The reasoning for the decision (in appeal and civil cases) : the principles of law used Ã¢â¬â the ratio and obiter The decision itself (also in appeal and civil cases) What does Ratio decidendi mean? Reason for the decision: ratio for short NB not the decision itself but the reason for making it Sir Rupert Cross: Any rule expressly or impliedly treated by the judge as a necessary step in reaching his conclusion It is the ratio that creates/is the precedent for judges in the future to follow It depends on the level of the court making the decision as to whether the ratio has to be followed by a later court (a binding precedent) or whether it merely has to be considered by that court. What does Obiter dicta mean? The remainder of the judgement is called obiter dicta (other things said) and judges in future cases do not have to follow it. Sometimes a judge will speculate on what his decision would have been if the facts had been different. This hypothetical situation is part of the obiter dicta and the legal reasoning put forward in it may be considered in future cases, although as with all obiter statements it is not binding precedent. Types of Precedent There are two types of precedent: Binding persuasive A binding precedent is the part of a judgement that other judges have to follow. The ratio decidendi (reason for deciding) made by a judge high enough in the hierarchy will bind future decisions of other judges. What is a binding precedent? A precedent from an earlier case which must be followed Even if the judge in the later case does not agree with it But the facts in the later case must be sufficiently similar to those in the earlier case And the earlier case must have been decided by a court which was senior/superior to or possibly at the same level as the later court What is a persuasive precedent? A persuasive precedent need not be followed, but it may be helpful to a judge making a decision. If a judge decides to follow a past decision that was not binding, the decision is said to be persuaded. Persuasive precedents include: How precedent works? Follow If the material facts of a case are significantly similar to an existing precedent, the judge should always follow the previous decision. Overrule A superior court may overrule the decision of a court below it and therefore change the law. Pepper v Hart (1992) Reverse A superior court may change the outcome of a case from a lower court based on the same law, e. g. the Crown Court applies the existing law and finds the defendant guilty, whereas the Court of Appeal finds the person not guilty when applying the same law. Distinguish If the facts of a case are significantly different from the facts of an earlier case, the judge does not have to follow the precedent that is already established. Balfour v Balfour (1919) Practice Statements The House of Lords used to be completely bound by its own decisions unless the decision had been made in error. Why do you think that this might have been a problem? What would the consequences of the House of Lords not being able to overrule its own decisions have been? In 1966, the House of Lords passed the Practice Statement, which allows it to change one of its previous decisions when it appears Ã¢â¬Ëright to do soÃ¢â¬â¢, e. g. R v Howe (1987) overruled DPP v Lynch (1973), and R v Shivpuri overruled Anderton v Ryan (1985). Key Facts 1898 House of Lords decides in the case of London Tramways that it is bound to follow its own previous decisions 1966 Issue of the Practice Statement. House of Lords will depart from previous decisions when Ã¢â¬Å"it is right to do soÃ¢â¬ 1968 First use of Practice Statement in Conway v Rimmer (1968) 1980s and 1990s House of Lords shows an increasing willingness to use the Practice Statement to overrule previous decisions In Austin v London Borough of Southwark (2010), the Supreme Court confirmed that the power to use the Practice Statement had been transferred to them. Law Reporting It is essential for judges to research decided cases before they make a decision in case a precedent binds them. Therefore, it is important that all cases are well documented. Law reporting became more comprehensive and systematic when the Incorporated Council of Law Reporting was established in 1865. It is responsible for a series of reports known as the Appeal Cases (AC), which covers cases from the House of Lords, Court of Appeal and all three divisional courts of the High Court. It publishes a weekly law report. There are still private law reports Ã¢â¬â All England Law Reports Ã¢â¬â published by Buttersworth since 1936 Some are published in the media Ã¢â¬â The Times, Guardian, Independent. Journals Ã¢â¬â New Law Journal, Law Society Gazette Records of decisions are also kept online Ã¢â¬â LEXIS, JUSTIS, WestLaw Activity: Finding Law Reports Search at least one website and find a recent law report. You might want to use the following sites. www. lawreports. co. uk Ã¢â¬â the daily notes section gives summaries of recent important cases www. supremecourt. gov. uk Ã¢â¬â this has reports of Supreme Court judgements www. parliament. uk Ã¢â¬â this has reports of the House of Lords judgements for 1996 to 2009 www. bailii. org Ã¢â¬â this has cases for the High Court and the Court of Appeal Please provide a brief summary of the report you have found/researched. What were the facts of the case? Can you find the ratio decidendi? Advantages and Disadvantages Advantages Disadvantages Certainty: Because the courts follow past decisions people know what the law is and how it is likely to be applied in their case; it allows lawyers to advise clients on the likely outcome of their cases Rigidity: The fact that the lower courts have to follow the decisions of higher courts together with the fact that the Court of Appeal has to follow its own decisions can make the law too inflexible so that bad decisions made in the past continue to be followed. There is the added problem that so few cases go to the Supreme Court. Change in the law will only take place if parties have the courage, the persistence and money to appeal their case Consistency and fairness in the law: It is seen as just and fair that similar cases should be decided in a similar way. The law must be consistent. Complexity: Since there are nearly half a million reported cases it is not easy to find all the relevant case law. Another problem is the judgements themselves which are often very long with no clear distinction between comments and the reasons for the decision. This makes it difficult in some cases to extract the ratio decidendi; indeed in DoddÃ¢â¬â¢s Case (1973) the judges in the Court of Appeal were unable to find the ratio in a decision by the House of Lords Precision: As the principles of law are set out in actual cases the law becomes very precise; it is well illustrated and gradually builds up through the different variations of facts in the cases that come before the courts Illogical distinctions: The use of distinguishing to avoid past decisions can lead to Ã¢â¬Å"hair splittingÃ¢â¬ so that some areas of the law have become very complex. The differences between some cases may be very small and appear illogical Flexibility: There is room for the law to change as the Supreme Court can use the practice statement to overrule cases. The use of distinguishing also gives all courts some freedom to avoid decisions and develop the law Slowness of growth: Judges are well aware that some areas of the law are unclear or in need of reform, however they cannot make a decision unless there is a case to be decided. This is one of the criticisms of the need for the Court of Appeal to follow its own previous decisions as only about 50 cases go to the Supreme Court each year. There may be a long wait for a suitable case to be appealed as afar as the Supreme Court Time-saving: Precedent can be considered a useful time-saving device. Where a principle has been established, cases with similar facts are unlikely to go through the lengthy process of litigation Test Yourself 1) The court of appeal has to follow decisions of courts above it in the hierarchy. Which courts are these?
Wednesday, March 18, 2020
Cheyenne Autumn essays Cheyenne Autumn is a film of contrasting viewpoints. On one hand it tries to sympathize with the Native Americans but at the same time it gives little value to their lives. The film shows how unfair they were treated but does so unfairly. It is important to view for our course because it shows how Hollywood can try to portray Native Americans in a light that is much better then the previous portrayals but still miss the mark. The opening scenes are meant to show how proud and noble the Native Americans are as a people. They wait on the government officials until the chief collapses and even then he refuses help. At the same time the two main American Indians carry around a piece pipe with them wherever they go and still speak with the Indian speak that is so prevalent in John Ford movies. The soldiers are made out to be unsavory characters because they show how little they car for the Indians. This is apparent by how the character Tom Archer refers to them as being, ...soldiers from their first slap on their ass. He is saying that they are savages from a young age on and he was trained into being a savage of sorts, a soldier. This seems to be a way of excusing his savagery. The American Indians, fed up with the no show by the government fat cats, decide that it is time they went back to their own land. The land the government has set aside for them is not good for much and they are dissatisfied by their treatment. The filmmakers were showing how the American Indians were being misled and treated poorly from the government. At one point the character, Little Wolf, portrayed by Ricardo Montalban says that the white mans words are poison. He says when he learned to speak the white mans language it was not filled with so much poison. He can speak with wisdom but not with proper English. Cheyenne Autumn is an interesting movie that shows a transitional period in movie making. The filmmakers tri...
Monday, March 2, 2020
How To Make Tree Cookies Ever heard of a tree cookie? Sadly, unless you are a termite, you cant eat them. But you can use them to unlock the past of a tree. From its age to the weather conditions and hazards it faced in its lifetime, tree cookies can be used to better understand trees and their role in the environment. So what is a tree cookie? Tree cookies are cross-sections of trees that are usually around 1/4 to 1/2 inch in thickness. Teachers and ecologists use them to teach students about the layers that make up a tree and to illustrate to students how trees grow and age. Heres how to make your own tree cookies and use them at home or with your students to learn more about trees. Making Tree Cookies Just as with edible cookies, tree cookies are made using a series of steps in a recipe. Start by selecting a tree with a trunk or thick branches that you can cut to reveal the tree rings. Take note of the type of tree it is and where it came from.Cut a log that is about three to six inches in diameter and three to four feet long. (You will cut this down later but it will give you a good section to work with.)Slice the log into Cookies that are 1/4 to 1/2 inch wide.Dry the cookies. Yes you will bake these cookies! Drying the cookies will help prevent mold and fungus from decomposing the wood and will preserve your cookie for many years to come. Set them in the driveway in the sun, or on a drying rack in the yard for several days. Air flow is more important than sunlight, but if you can get both, that would be perfect.Sand the cookies lightly.If these cookies will be used in the classroom, cover with a coating of varnish to help them withstand years of handling. What Can You Learn From A Tree Cookie? Now that you have your tree cookies, what can you do with them? Here are several ways you can use tree cookies at home or in your classroom to teach students about trees. Take a closer look. Start by having your students examine their tree cookies with a hand lens. They can also draw a simple diagram of their cookie, labeling the bark, cambium, phloem, and xylem, tree rings, center, and pith. This image from Britannica Kids provides a good example. Count the rings. First,Ã ask your students to take note of the differences between the rings - some are light colored while others are darker. Light rings indicate fast, spring growth, while dark rings show where the tree grew more slowly in the summertime. Each pair of light and dark rings - called an annual ring - equals one year of growth. Have your students count the pairs to determine the age of the tree.Ã Read your cookie. Now that your students know what they are looking at and what to look for, help them understand what else a tree cookie can reveal to foresters. Does the cookie show wider growth on one side than the other? This could indicate competition from nearby trees, a disturbance on one side of the tree, a windstorm that caused the tree to lean to one side, or simply the presence of sloped ground. Other anomalies that students can look for include scars (from insects, fires, or a machine such as a lawn mower,) or narrow and wide rings that may indicate years of drought or insect damage followed by years of recovery. Do some math.Ã Ask you students to measure the distance from the center of the tree cookie to the outermost edge of the last summer growth ring. Now ask them to measure the distance from the center to the outermost edge of the tenth summer growth ring. Using this information, ask them to calculate the percent of the trees growth that took place in its first ten years. (Hint: Divide the second measurement by the first measurement and multiply by 100.) Play a game. Utah State Universitys Forestry Department has a cool interactive online game that students can play to test their tree cookie reading skills. (And teachers, dont worry, the answers are there too if you need a little help!)
Saturday, February 15, 2020
People in Religion - Essay Example Senior Tibetan monks receive information during meditation which helps them to track down the new Dalai Lama. They have an indication of who is going to be the next Dalai Lama and after verification through their secret set of criteria, they take him away. Familiarity with the same possessions of the previous Dalai Lama is considered a confirmation of the reincarnation. The reincarnation takes place a few years after the death of the previous Dalai Lama. A Dalai Lama has a short lease of life as a childhood before he is taken away from the family and plunged into endless ceremonies and an intensive education (Richardson, 1962). Dalai means ocean and Lama is the Sanskrit equivalent of Guru and hence Dalai Lama means a spiritual teacher (Wikipedia). The present Dalai Lama was educated in Lhasa in a 1000-room palace surrounded by doting monks who educated him in subjects like philosophy, medicine and metaphysics (NYTimes, 2007). Although the present Dalai Lama is defined by his Tibetan identity his roots were firmly anchored in reality (Chopra, 2001). He believes that all human beings have an equal right to happiness and freedom from suffering but money should not be a part of the definition of success and happiness (Dalailama, 2006). The world is undergoing transformation and the Dalai Lama emphasizes that one way of being diligent is to pursue knowledge. The freedom campaign that he is pursuing is based on non-violence. One must always maintain truth because that alone will fill a person with a sense of pride. Dalai Lama is an advocate of non-violence and believes the truth, courage and determination should be the weapons for liberation (CNN, 2001). Dalai Lama is considered the most skilled and successful of all religious leaders; he is tolerant and informed and can enchant anyone at the very first instance but he is intent upon forcibly subjecting the world to its law. Religion and history are not separated from one another in the Tibetan world view, nor