Consider the doctrine of judicial precedent in the law of England and Essay

Consider the doctrine of judicial precedent in the law of England and Wales, having particular regard to its advantages and disadvantages. Cite relevant case law examples in support of your answer - Essay Example The majority of those who support precedent tend to overlook the justice seeking benefit provided by this concept, and are inclined to praise its practical value (Bader & Cleveland, 2011, p. 35). As such, precedent is the intersection of law and justice. The principal value of precedent arises not from its capacity to commit judges to some specific course of action. This value is due to its capability to generate constraint, while permitting a certain amount of discretion. The common law rests on a strong rebuttable presumption that earlier decisions are to be followed (Waddams, 2009, p. 132). It does not require an inviolable presumption in this regard. The contention that stare decisis leads to a rebuttable presumption has been deemed to be incomplete in some quarters. This is due to the fact that there is no indication regarding the strength of the presumption. Moreover, there is an absence of precision regarding the circumstances and reasons for being rebutted (Waddams, 2009, p. 133). This enables citizens to conduct their affairs in a manner that is certain and predictable under the law. Speculative traders could benefit significantly as they would be in a position to determine the stance to be adopted. For instance, the French Civil Code was aimed at protecting French citizens from the prejudicial behaviour of the courts of the Old Regime. Similarly, the fear and chaos prior to and during World War II, was to some extent due to the destruction of certainty and consistency of the law (Luyulei, 2011). For every conceivable situation, precedent has the capacity to provide an analogy. In conjunction with the flexibility possessed by the doctrines of distinguishing and ratio decidendi, the courts are enabled to make incremental adjustments to the law, in order to satisfy the requirements of justice (Luyulei, 2011). Due to precedence, a case builds upon the other, and the law experiences logical development. Moreover,

Final Exam Study Guide Essay Example for Free

Final Exam Study Guide Essay Explain and discuss the following topics in light of the course readings and class lecture/discussion. Answers will be graded primarily on the depth and thoroughness of response – please develop your answers so that they reflect an understanding of the readings and class lecture/discussions. You will be given five questions, out of which four will need to be answered. 1. Using Christifideles Laici chapter 2, describe the important features of the mystery of Church communion. 2. What do we learn from CCC 234, 221 and 260 about the mystery of Church communion? 3. What does Christifideles Laici chapter 3 contribute to a proper understanding of the dignity of every human person and the relation of this truth to all human rights? 4. Chapter four of Christifideles Laici addresses the unique evangelistic contributions that various groups of the lay faithful make within the vineyard. Describe two of these groups and Blessed John Paul II’s insights into their unique work in the world. 5. Compare and contrast two of the definitions of â€Å"catechesis† which were examined in class. Be sure to state the exact wording of these definitions and provide an analysis of their emphases. 6. Msgr. Kelly describes four frameworks through which we understand modern catechetics. Be prepared to explain any of these frameworks. 7. The Guide for Catechists reflects specifically on four characteristics of the spirituality that is particular to catechists. Be prepared to discuss thoroughly any of these four characteristics. Why are these characteristics vital to the catechist’s spiritual life?

The Loss of a President :: essays papers

The Loss of a President On November 22, 1963 at 12:30 P.M., the 35th President of the United States, John F. Kennedy, was shot and killed while riding through the streets of Dallas, Texas in an open limousine with wife Jackie Kennedy, and Governor John Connally. This single event in history has created more controversy than any other. Still today, more than 27 years after the shooting, there is still speculation as to who killed John F. Kennedy. Today, so many possible theories remain, it is hard to determine what actually happened. Today many people believe that it was Lee Harvey Oswald that killed JFK. They believe that he was just a â€Å"lone nut† acting out of his own feelings, and he was not influenced by anyone else. Many others believe there was a conspiracy set up by the CIA to kill President Kennedy, and others believe that it was Communist Russians. In my paper I will try to explain some of the theories as clear as possible, and let you decide for yourself what you believe happened November 22, 1963. If Lee Harvey Oswald was not the assassin as thought, who else would possibly want the president dead? The Mafia Anti-Castro Cubans The CIA Communist Russians. When John F. Kennedy became president, he had many great ambitions. He wanted to pull more troops out of Vietnam and lessen the war effort, cut back on organized crime, end the Cuban Missile Crisis, and limit the power of the CIA. With these ambitions it is no surprise he made so many new enemies, some even being in the US government itself. Many of these new enemies he had found were very powerful, and would stop at nothing to see his new ways come to an end, even if it meant killing him. Shortly after the incident, the government founded the Warren Commission, and a government investigation began on the assassination. The Warren Commission was a group made of â€Å"outstanding citizens† to "ascertain, evaluate and report upon the facts relating to the assassination ... and the subsequent violent death of the man charged with the assassination Lee Harvey Oswald.† The Commission was instructed by the government to examine evidence brought forth to them by the FBI (Federal Bureau of Investigation), or and any other organization or person. With the examination of the evidence, the Commission was then to make a decision on exactly what occurred that day. In under a week the Commission was able to come to the conclusion that Lee

Atomic bombing of Hiroshima and Nagasaki Essay

On August 6 1945 the first atomic bomb was dropped on Hiroshima and the second one was dropped at Nagasaki on 9th August 1945. The atomic bomb pelted on Japan was initially intended to force the Germans into submission but after the Germany surrendered, Japan was left as the threat to world peace. (John F. P. 56) The Hiroshima Bomb which was uranium based killed 100,000 Japanese and left several thousands dying slowing as a result of radiation. After three days, another atomic bomb was dropped at Nagasaki city, which left around 50,000 dead (P. M. S, Blackett 70) The justification for these mass killings was that it would end the war faster and thereby making it unnecessary to invade Japan. According to Byres, such an invasion could save a million people and therefore it was desirable. Was the atomic Bombing of Hiroshima and Nagasaki Genocide Yes indeed it was. My opinion is based on the following premises: First, by August 1945 the Japan military was in a desperate state. The Naval blockade of the Allies had taken away a fleet of ships with military supplies and weapons from Japan military, without these the Japan Military was weak and could not survive for long. (Matin Z. ) According to a detailed opinion survey of the leaders of Japan who survived the atrocities, Japan would have inevitably surrendered probably before November 1945 without the threat of an atomic bomb or even without Russia threatening to join the war against Japan. (Gar Alperovitz, 34) Yet the American leaders knew all this information that had been successfully deciphered from the code and messages sent by Japanese military. The American leaders were well aware that Japanese authority had communicated to its Moscow ambassador to start negations for ending the war with the allies and the all-powerful Japanese emptor had indicated intentions of considering peace settlement by June 1945. Even after the American intelligence informed this message to president Truman, he did not change his mind about launching a bomb attack on Japan. (Gar Alperovitz, 37) After all the Japanese had only one condition for them to surrender; that is the Emperor who was a holy symbol to the Japanese should remain in power even after the end of the war. This was a small condition for America to sacrifice against the lives and property that lay at stake if a bomb was launched on Japan. (Gar Alperovitz, 38) The statement by President Truman that the world should note that the first bomb was launched on Hiroshima Military base to avoid the killings of civilian was sarcastic since all most all of those killed in the bombings of the two cities were civilian, according to a report by U. S strategic Bombing survey. Both innocent children and women were killed rather than the military personnel, which amounts to the infringement against human rights and a genocide of the highest order. (M. Susan Lindee 13) The destruction of the two cities is condemned not only by Japanese and other outsiders but by high rank military and conservative leaders from America itself as well. Former president Herbert Hoover himself wrote that the indiscriminate killing of young children and women â€Å"revolted his soul†. Former President Eisenhower had even advised the secretary of war against using an atomic bomb on Japan during a certain meeting. These and many more leaders as well as civilian Americans have continued to criticize the action taken by General Grove and are on the view that that the military attack was unnecessary and exaggerated. (Matin Z. ) An ambitious and domineering Admiral Purnell who suggested that it would take two bombs to coerce the Japanese to surrender by and large carried out the idea of a second atomic bomb being dropped on Nagasaki. Grove was well aware that two atomic bombs were in the making and saw good opportunity to actualize his own schemes. The decision to drop a second bomb at Nagasaki was not even made in Washington but it was made on Tinian Island. Grove was in an unusual hurry to make sure that the second atomic bomb was dropped before anybody else could decide otherwise. http://www. dannen. com/decision/handy. html Moreover, the second bomb primary target was Kokura but when the attack plane arrived there, the city was covered by a mass of cloud. Instead of the pilot turning back, and aborting the mission, they still went ahead and decided to attack Nagasaki, a town that was highly populated with civilians. http://www. dannen. com/decision/handy. html There are also well-supported views that Hiroshima bombing was a test. The bomb dropped there had been uranium, which had never been tested before. It was quite inhuman and high level of barbarism that the test was to be done at the expense of many lives. (Matin Z. ) American planes also distributed thousands of leaflets alerting the Japanese that unless they surrendered unconditionally the towns of Akita, Fukushima, Urawa, Iwakumi, Yawata Miyakorojo, Otaru, Imabaru and Saga,would be attacked by bombs. However these leaflets did not mention Hiroshima, Nagasaki, Nugata and Kokura. (Matin Z) So it is clearly evident that the American leaders who were responsible for attack did not intend to forewarn the civilians so that they could evacuate before the time of attack. The killings that resulted are not only high abuse of human rights against innocent civilians but also a cowardly act against a subdued enemy. (Matin Z. ) Both innocent women and children were not spared by this obliteration of Hiroshima and Nagasaki. (M. Susan Lindee 13). In fact the Manhattan scientists who were working on the bomb were shocked when they were later informed that Japan had always been the target and not a deterrent to the German invasion. (M. Susan Lindee 13) The Military policy committee chaired by General Grove realized that Japan was a more convenient target for the bomb than Germany. This means that the bombing of Japan was not so much as a result of their aggressive activities but because they were convenient targets of testing some newly acquired weapons! (Martin J. S. 234) Furthermore Americans wanted to take control of Japan before Russia could control it. The Russians leaders had planned to invade Japan on 8 August 1945. So the coincidental bombing of Hiroshima two days before the planned date when Russia intended to invade Japan was suspicious. There is a wide specification that America attacked Japan to gain its control before Russia could achieve the same. However the intention of the second bomb that was pelted on Nagasaki is not very clear. (Matin Z. ) However President Truman cannot be blamed so much for the bomb attack on the two cities when he took over in April 12, 1945 after Roosevelt’s death, General Grove made it appear to President Truman as if Japan was always the Target for the bombs. http://www. dannen. com/decision/hst-jl25. html Grove was reluctant to discuss about the Manhattan Project with the chief of staff since he knew that he was opposed to the bombing of Japan. The General Marshal was of the view that the bomb could be used against military targets such as Naval establishments but not on cities. However General Grove overlooked all these well meaning advices to fulfill his self interest at the cost of hundred thousands of Japanese lives and a lot of property. (Matin Z. ) Conclusion The past cannot be erased but can serve as invaluable lesson and prepare us for the future. Even though the bombing of Hiroshima and Nagasaki speeded up Japans decision to stop the war, it was not the major consideration that the Japanese leaders used. Therefore the use of the atomic bomb was excessive act since other strategies could have worked to coerce Japan to stop the war. After all, the Japanese were ready to surrender on condition that their emperor would still remain in authority. The bombings of Japan cities were not only immoral but they were a crime and genocide to the full extent. Works Cited Harry S.Truman, Diary, July 25, 1945: Retrieved on 9th April 2008 from http://www. dannen. com/decision/hst-jl25. html Gar Alperovitz: The Decision to Use the Atomic Bomb: Random House, 1995. 34-38 Hogan, Michael J. : Hiroshima in History and Memory. Cambridge University Press: 1996 M. Susan Lindee: Suffering Made Real: American Science and the Survivors at Hiroshima. University Of Chicago Press (1994) 12-14 Matin Zuberi: Atomic Bombing Of Hiroshima and Nagasaki (Journal): Retrieved on 9th April 2008 from http://www. ciaonet. org/olj/sa/sa_aug01zum01. html Martin J. Sherwin: A World Destroyed: Hiroshima and its Legacies, 2nd edition, Stanford University Press, (2003) 233-234. Official Bombing Order, July 25, 1945: Retrieved on 9th April 2008 from http://www. dannen. com/decision/handy. html Ogura, Toyofumi: Letters from the End of the World: A Firsthand Account of the Bombing of Hiroshima. Kodansha International Ltd 1948. P. M. S, Blackett: The Atomic Bomb: New York: Holt, Rinehart & Winston, 1976. (66-70) John Francis Purcell, Best-Kept Secret: The Story of the Atomic Bomb. New York: Vanguard, 1963. 56-57

Application Architecture Essay

Strayer University: Piscataway In designing and building a payroll program for a large organization with offices spread across the country, which possesses quite a few changelings to overcome and must be done in a particular manner. Thus having the right application architecture is important where the design is concerned. Because the company has one large data center that each office connects to via a wide area network (WAN), hence the appropriate architecture for this solution would have to consist of a WAN diagram to be used in management of this project, along with system documentation, and information technology architecture documents to provide a visual representation of the network. A wide area networks (WANs) usually covers a large, physical area. And many WANs cover entire buildings, cities, states, or regions, thus the primary purpose of the WAN is to link together all the local area networks, of these other offices spread across the country. The Payroll program being used in this case study has been cent ered on having the proper application architecture that would be effective for the solution being deployed. It would take into consideration where each piece of equipment needs to be deployed and where its physical location should be sited and which is most effective for the organization. Thus an effective system would combine elements into an architecture, or design, that is flexible, cost-effective, technically sound, and able to support the information needs of the business. There would be a logical design of the payroll system into a physical structure, which would include hardware, software, network support, and processing methods. Therefore an Enterprise Resource Planning (ERP)Â  would have to be established in order to determine the strategies for using IT resources in the new payroll application. There would also be a supply chain management (SCM) and initial Cost and TCO (Total Cost of Ownership), and this will come into effect when the final design stage is completed, and where certain decisions will be made that will have a major impact on the initial costs and TCO for the payr oll system. Cost estimates should also not be overlooked when final decisions are being made. There would also be consideration for scalability in reference to the new system ability to expand, change or downsize easily to meet the changing need of a business enterprise, if the need arises in the future. Besides all of this it would be important in implementing systems that are volume-rated, such as transaction processing systems that would have more than what it was designed to handle. Below is a global payroll core application which determines the organizational structure for payroll processing. This diagram shows the hierarchy of components in the organizational structure. Some software applications will include procedures for web integration, which would require an information system with applications. Thus a Web-centric architecture would avoid many of the connectivity and compatibility problems that typically arise when it comes online and users/employees start accessing it through the web. With the new system being put into place other legacy systems may need to be integrated with the new applications. Thus the interfacing of both would have to be consistent with the requirements to analyze different types of data formats and compatibility. Those implementing the new payroll system should know if the new application eventually will replace the legacy system. Potential ethical issues that could arise in connection with the new architecture are fundamentally associated with the emerging of the development of the new system. Where the concern would be the right away that the new payroll application has on the jobs that it may affect negatively and may replace the person/employees that use to do certain aspects of the legacy system. The idea that the new system would replace humans in many jobs, within the business may result in widespread job loss. To fully grasp the issues involved with computer ethics, it is important to consider the history of the organization being discussed for deployment of this solution. References Herold, R. (2010, June 22) Introduction to computer ethics. http://www.infosectoday.com/Articles/Intro_Computer_Ethics.htm Oracle: PeopleSoft Enterprise Global Payroll (n.d) Introducing the Core Application Architecture. http://docs.oracle.com/cd/E20215_01/hr91pbr1/eng/psbooks/hgpy/chapter.htm?File=hgpy/htm/hgpy04.htm