Anatomy of a Family Law Case Introduction The legal aspect of the law is a creation of the society that is meant to regulate and control the activities and relations of people. Law creates a guideline of how to do every activity without causing infringements to the other persons. Therefore, just as all other societal institutions, the family setting are incorporated in the law. What is a family? The family setting is one of the oldest institutions in the world. From the time of creation, to date
decidendi of the case i.e. the legal reason for the decision. This is known as binding precedent. Anything else said in the judgement is known as obiter dicta and is merely persuasive precedent i.e. may be followed e.g. sometimes courts will use decisions of
Officer Green ordered him to stop. With Ken almost down the drain, Officer Green fears his escape and then shoots Ken in his lower back. Ken later died from the gunshot wound. His family believe the shooting was unlawful. Relevant Case Law Case name: Tennessee v. Garner (1985) Synopsis: The ruling in the Tennessee v. Garner case involves a police officer that was chasing
Introduction Gobitis and Barnette are two very important cases whose rulings had a big significance on a specific minority and the State. In the Gobitis case the Gobitis kids were expelled from public schools in Minersville School district for refusing to salute the flag. Saluting the flag involved standing and placing your right hand over your heart as you say the pledge of allegiance. It was not done in disrespect but due to their religious belief. The Gobitis’ religion looks down upon saluting
PADMASHREE DR . D.Y. PATIL LAW COLLEGE PIMPRI,PUNE – 411018. MOOT COURT NO. – 2 DATE : 28 JAN . 2013. STUDENT ADVOCATE POKHARKAR CHHAYA BHAUSAHEB B.COM.LL.B.-III ROLL NO . - 16. IN THE COURT OF HIGH COURT OF BANGALORE AT KARNATAKA RAHUL Appellant V/S State of Karnataka Respondent Appearing on behalf of Respondent INDEX SR.NO | PARTICULARS | PAGE NO. | 1. | List of Abbreviations | |
been raised by Judges and relating cases to the use of ‘Stare decisis’ when creating precedents. In addition it will discuss how the developments in the powers of the courts now also allow them to depart from these precedents to an extent. The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier
past as a source of law, where a similar case arises the past decision is used as a guideline. § It is also known as case law. § It is a major source of law both today and historically. § If law on a particular source of law is not found in legislation - law will be found through common law reasoning. § That is to say that if no Act of parliament or Dl to follow then judges look at the past decision of a similar case to find a solution to the case before them §
him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddy’s case which impact liability. Include in the memo your suggested “offer of settlement” to Virginia. Back up your offer using your analysis of the case against Teddy’s. Ms. Pollard
INTEROFFICE MEMORANDUM OF LAW TO: Sara Lee, Attorney FROM: Donna Nasser, Paralegal DATE: October 17, 2008 RE: People v. Sam Kant OFFICE FILE NUMBER: HQ 22467 DOCKET NUMBER: 09HQ9456 STATEMENT OF ASSIGNMENT: Sam Kant has requested that our office represent him in his defense against shoplifting charges. FACTS: Our client, Sam Kant, was arrested for shoplifting at Bilmart, a national department store. At his wife’s request, Mr. Kant went to Bilmart on Wednesday, October 20, 2008
562. Assess the way in which Lords Atkin and Buckmaster use the case law they discuss in at least three instances (eg Langridge v Levy; Winterbottom v Wright; Longmeid v Holliday; George v Skivington; Heaven v Pender; Le Lievre v Gould; etc), with reference to the operation of the doctrine of precedent and the techniques of applying and distinguishing cases. This will require you to do much more than describe the facts of any of the cases involved; we are interested in the legal/judicial techniques