Per incuriam
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‘by mistake’. If it is held that a precedent in point and binding was decided per incuriam, then the strict rule of STARE DECISIS does not apply, so the case does not have to be applied. The mistake in the earlier case must be very plain.
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Persuasive
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making you want to do or believe a particular thing;
good at making people agree to do or believe what you want them to
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Plaintiff
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someone who brings a legal case against someone else in a court of law. The person against whom the case is brought is called the defendant .
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Precedent
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A court decision that is cited as an example or analogy to resolve similar questions of law in later cases.
Legal a decision by a court on which future decisions are based
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Principle
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The party who sues in a civil action
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Ratio decedendi
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The legal principle upon which the decision in a specific case is founded.
ratio decidendi is also known as the rationale for a decision.
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Rigidity
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Laws, rules, or systems that are rigid cannot be changed or varied, and are therefore considered to be rather severe.
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Stare decisis
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stah-ray duh-see-sis) n. Latin for "to stand by a decision," the doctrine that a trial court is bound by appellate court decisions (precedents) on a legal question which is raised in the lower court. Reliance on such precedents is required of trial courts until such time as an appellate court changes the rule, for the trial court cannot ignore the precedent (even when the trial judge believes it is "bad law").
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Person
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Achievement
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Effect
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Alfred the Great
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introduced the idea that all crimes were an offence against the king
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crimes are still prosecuted by the government not by private citizens
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Sir William Blackstone
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He wrote his opinions and achievement s on his book "Commentaries on the laws of England"
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It is considered one of the basic of USA and UK law system
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Napoleon Bonaparte
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The French Civil Code was written during his imperial time
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The basic of french law system
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Cicero
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The member of Roman senate and wrote rules about law
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His search developed natural law system
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Sir Edward Coke
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He was the champion of common law and wrote Cokeʼs law reports
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He resisted monarchy
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Clarence Darrow
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One of the leader trade unions
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Developing rights of trade unions
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Lord Denning
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the greatest English judge of modern times
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Denning has been described as the most influential judge of the 20th century, in part because of his changes to the common law and also due to his personalisation of the legal profession.
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Draco
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established first written laws in greece
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Developed greece law system
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Thomas Jefferson
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Author of US Declaration of independence in 1776
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Established free education via taxes
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Justinian
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Established Roman Law
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His work developed modern law system
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1. The robbers entered the home of a famous collector and stole several paintings. This is the third break-in in a week.
2. The police questioned everyone in the house and gathered completely useless evidence.
3. Three high-ranking officials may be sentenced to imprisonment for their involvement in organizing riots and conspiracies to overthrow the government. Five people have been arrested on suspicion of organizing street riots and riots.
4. Police found no fingerprints or murder weapon at the scene. The prosecutor had only circumstantial evidence that was insufficient to prove that the accused had committed the crime.
6. Under the Judicial Procedure Act, the list of previous offenses committed by the defendant is not published until after the members of the jury have determined the defendant's guilt or innocence. As a rule, first-time offenders are punished less severely than repeat offenders.
7. The defendant's attorney had two reliable witnesses ready to give the most important testimony under oath and prove his innocence. However, when the lead witness was sworn in, he refused to speak.
8. The day after his arrest, Judge accused Fletcher of being involved in a street robbery. Fletcher hoped he wouldn't be denied bail.
9. Taking into account the age of the accused, the court decided on his suspended sentence of 6 months.
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