Doctrine of Precedent Essay Example | Topics and Well Written Essays - 2000 words

Doctrine of Precedent - Essay Example This is opposite to the European legal system as it is founded on legal examples and possibilities. The substance of precedent is known as "common law" and it bonds future determinations. When parties are in disagreement in the future and if the nature of the conflict is similar then the common law court bases its decision with the help of Presidential decisions of applicable courts2. The court is bound to follow the reasoning of a past similar disagreement in which the issue was resolved. This principle is called ‘stare decisis’. But if the present disagreement is different from all other previous cases then the judges have the right and responsibility to formulate new law which thus creates a precedent as in Marbury v. Madison, 5 U.S. 137 (1803); "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each". From then on, the new verdict became precedent, and is binding on future courts. The English legal system is based on the common law and the precedents. The doctrine of precedent is defined as ‘The common law principle which binds a judge or a magistrate to follow previous similar decision of higher courts in the same hierarchy; also known as stare decisis’ (Vickery & Pendleton 2006), which implies the decision stands. The doctrine of precedent derives from common law and law of equity, which is ‘English-made’ laws that aims to be fair and treat all equally, so that the decisions by the courts are predictable and consistent in resolving disputes. There are binding and persuasive precedents, of which binding precedents are known as ‘ratio decidendi’ when the final order or ‘res judicata’ by the

Too many americans are completely unconcerned with deing physically Essay

Too many americans are completely unconcerned with deing physically fit - Essay Example Most of the youths spend their leisure time in front of television, computer or in film theatres and hence they experiences immense shortage in physical activities. As per Peter D. Hart Research Associates survey conducted in 1993, â€Å"43% of all adults qualify as "Less Actives," (those who fail to engage in vigorous exercise even two times a week) irrespective of young, old and, better educated or less educated, A majority of the Less Actives are under age 45, and 46% have attended college.† Lack of physical activities may lead to many diseases. For example as per the evidences from the medical science literatures, most of the cardio vascular diseases, high blood pressure diabetics, etc directly linked with physical activities. American heart association urges people to engage in activities like â€Å"Swimming, cycling, jogging, skiing, aerobic dancing, walking or many other  activities can help your heart. According to the latest joint American Heart Association/American College of Sports Medicine guidelines on physical activity, all healthy The percentage of those who engage in some kind of physical activity is less than the percentage of those who engage in no physical activities as far as American people are concerned. Robert Longley (about.com) in his article, have you been working  out? has quoted a new report from the Department of Health and Human Services (HHS) which shows that â€Å"about 1 in 5 American adults engage in a high level of daily physical activity, while about 1 in 4 engage in little or no regular physical activity. â€Å" It is necessary to add physical activities compulsory to the curriculum. In olden days the children often gets enough time for the physical activities at school and college levels. But because of the excess topics in the modern curriculum, students are not getting enough time for physical works either at schools or at