The Picture Of The Pictures Essay - 2290 Words

The aim of the pictures is to have low contrast to smooth the skins of the people in the pictures out. We eventually decided to use the spots and individually light each artwork. The rest of the room will be darkened to enable the eye to perceive some forms that are hidden in the background as we can see with the woman sitting in the back of Figure 2. We would hang the photographs simply on the wall like a painting and the disposition of the pictures will help the dialogue between the pieces. Since the room is vaulted, it makes a perfect transition between one photo to the other if the viewer follows the pattern indicated above. Each picture would be framed with a white frame to emphasize the contrast between the black and white picture, but also the contrast with the wall so it can get more attention and focus. In terms of labels, the exhibition team decided to provide captions that might be controversial, while being true to the reality of who took these pictures. We decided not to use the usual captions found in textbooks and exhibitions up to this day since we considered the issue of authorship in Mali during this period. According to Candace Keller, who is an African art historian, Malick Sidibà © didn’t take any pictures after his marriage in 1961 and his work should be credited to his apprentices Sidiki Sidibà © and Amadou Fanà © (Keller 39). As a group, we thought that the best solution would be to replace the name of Malick Sidibà © completely, but this action would bringShow MoreRelatedThe Picture Of A Picture Is Worth A Thousand Words891 Words   |  4 PagesA picture is worth a thousand words, but if the picture itself is of words, it can be worth so much more. When it comes to issues of culture, in order for others to understand, sometimes it is necessary to be equipped with both. It can be hard for white people to grasp the feeling of being different or sticking out purely because of skin color since they are the majority in America. In a society still full of subconscious stereotyping, it becomes difficult for some to understand the problem becauseRead MoreThe Picture On The Right1457 Words   |  6 PagesIf you look at the advertisements in the pictures above, both are from the same company, but they are from a 30 years difference. Both of these pictures do advertise a beautiful women in their Calvin Klein clothing, but the ads say something completely different. If you look at the first picture on the left, and compare it to the second picture on the right you will see the difference immediately. The picture on the left is from 30 years ago and women were not viewed as strong of members of societyRead MoreWhat Is A Pictu re?761 Words   |  4 Pagesall that work for a lunch box?† I questioned while dusting off dirt from the top of it. I start to unlatch the latches being careful not to break them. Pulling the lid open, the first item I see is a picture. Its old with creases like it’s been carried around in someones pocket for years. In the picture a man and a woman stand in front of the cabin in black and white. They look fairly young when the photo was taken, possibly early twenties and pretty happy looking. I place that photo face down on theRead MoreRich Picture2276 Words   |  10 Pagesstock will not be required which will save time and increase efficiency. 5 The picture itself: Rich Picture To summarise the above problem a Rich Picture is illustrated below that will look into the problem areas and assist JTS to confirm the consultant’s understanding of the problem and illustrate fundamentals of the situation and clarify their thinking and decision making. An analysis of the rich picture will help the process of from â€Å"thinking about the problem situation† to â€Å"thinking aboutRead MoreIf a Picture Paints...1025 Words   |  5 Pagesâ€Å"If a Picture Paints...† Before the written word, art played the singular role of portraying history. Whether in the form of cave drawings or sculptures, this art was a tangible representation of the culture, history, and perspectives of the artist and his resulting personal interpretations. As language and writing developed, art never weakened, and illustrations continued to serve as unique perspectives throughout history. In many cases, these illustrations serve as valid representations ofRead MorePicture Of The Holocaust Essay1517 Words   |  7 Pages Picture​ ​the​ ​Holocaust.​ ​Hitler’s​ ​Nazi​ ​Germany​ ​exterminated​ ​around​ ​six million​ ​innocent​ ​Jews​ ​in​ ​what​ ​they​ ​entitled:​ ​â€Å"The​ ​Final​ ​Solution.†Ã¢â‚¬â€¹ ​It​ ​may​ ​appear​ ​to​ ​be​ ​a​ ​horrific event​ ​to​ ​us,​ ​but​ ​isn’t​ ​it​ ​completely​ ​justifiable?​ ​It​ ​was​ ​100%​ ​legal,​ ​and​ ​besides,​ ​Jews​ ​were​ ​deemed â€Å"subhuman​ ​parasites.†Ã¢â‚¬â€¹ ​ The​ ​Holocaust​ ​was​ ​merely​ ​just​ ​an​ ​â€Å"evacuation†Ã¢â‚¬â€¹ ​which​ ​bettered​ ​medical research.​ ​Do​ ​all​ ​of​ ​these ​​points​Read MorePen Picture1723 Words   |  7 PagesPEN PICTURES 1 A smart, well turned out, soft spoken officer____________ exhibits an exemplary demeanour and conduct in any group or situation. He is mature, decisive and accomplishes desired results without supervision. The officer is persevering and shows exceptional resourcefulness in tackling unforeseen events effectively. Is absolutely honest and utterly loyal to the organisation. Has well developed and ripened mental faculties and provides whole hearted co-operation for his colleaguesRead MoreThe Picture Of The Prison887 Words   |  4 PagesThe picture of the prison for as long as I could remember was the place that looked like a medieval castle. The environment depicting the dark and gloomy hallways leading to the multi-level tiers of cells, which housing hundreds of convicted felonies that would never see the light of day. The description is pretty much accurate. The prisons of the late 1800’s and early 1900’s were design that way to allow for unobstructed view of the c ell block and galleries of inmates housed there, using a limitedRead MoreA Picture Of The Shadows1579 Words   |  7 PagesA Picture of the Shadows: A Discussion of How Chiaroscuro Illustrates Remembering and Forgetting in In the Skin of a Lion In the novel, In the Skin of a Lion, Michael Ondaatje uses the motif of chiaroscuro, or the relationship between light and shadow, to illustrate the themes of remembering and forgetting. A motif is a narrative element that reoccurs throughout a narrative, an idea that has a symbolic meaning. As described by H. Porter Abbott, it is not abstract but a concrete idea, which mouldsRead MorePen Picture1715 Words   |  7 PagesPEN PICTURES 1 A smart, well turned out, soft spoken officer____________ exhibits an exemplary demeanour and conduct in any group or situation. He is mature, decisive and accomplishes desired results without supervision. The officer is persevering and shows exceptional resourcefulness in tackling unforeseen events effectively. Is absolutely honest and utterly loyal to the organisation. Has well developed and ripened mental faculties and provides whole hearted co-operation for his colleagues

Hat Task 3 - 1308 Words

Global and Environmental Communicable Disease Effects July 8, 2013 Western Governors University HAT- Task 3 Global and Environmental Communicable Disease Effects Community health nurses face many concerns that can create environmental and global health issues. In history, humans have battled many health epidemics, from as early as the black plague, to polio, and more recent issues of measles, small pox, and HIV/AIDS. Many vaccines have been created and billions of lives have been saved, but there is still many unimmunized. Communities worldwide are at risk for many communicable diseases and should be prepared and knowledgeable about their community’s risks, protocols, and how to keep their community members safe. Measles,†¦show more content†¦At the first possible outbreak of SARS, the nurse will need to follow protocol. The initiation of the protocol begins with an assessment of the patient. A doctor will determine if the patient is possibly infected with SARS by following the physical and epidemiologic criteria. The Center of Disease Control and Prevention mandates reporting to the all cases where the patient has pneumonia of an unknown origin, and could have recently been exposed of the SARS virus [ (Center of Disease Control, 2005) ]. Once the report has been made the community health nurse should have all hospitalized patients with respiratory symptoms questioned on their recent history and possibilities of contact with the virus. Next, the community health nurse needs to educate staff and the community about possible ways to contract SARS, and encourage behaviors such as, frequent hand washing, covering their nose and mouth while coughing or sneezing, and using and properly disposing of tissues for respiratory secretions. [ (Center of Disease Control, 2005) ] Once health care members and the public are educated on the route of transmission they can prevent being exposed. Confirmed infected patients would be transferred to Seattle, where they can be in isolation rooms, patients can be more critically monitored, and research centers can be of benefit toShow MoreRelatedWgu Hat Task 32188 Words    |  9 Pages  Global   Health    EEEeeCommunity   Health   Nursing    EE                Community Health Nursing Environmental   and   Global   Health- ­Ã¢â‚¬ HAT   Task   #3    Lynn   Senfelds    Western   Governor’s   University       Environmental   and   Global   Health    Task   A- ­Ã¢â‚¬ 1    The   Communicable   Disease   Outbreak   of   Avian   Influenza    2               Communicable   diseases   account   forRead MoreKey Findings From Secondary Sources1510 Words   |  7 Pagesall parts of the guide were be relevant to this Hills Hat project, it was nevertheless very comprehensive and encouraged a whole-of-life analysis. †¢ Operations Management, Edition 9, by Jay Heizer and Barry Render (Heizer Render, 2008). This book provided a thorough examination of manufacturing operations and productivity and included a multitude of tools, techniques and worked examples that had some relevant to this project. †¢ Hills Hats documentation was a helpful source of historical informationRead MoreIs Your NY Business Investing In The Right SEO Case Study910 Words   |  4 PagesSEO companies will implement different methods to achieve their targets. However, it is a good idea to first inquire about the process of the SEO firm and also make that they are committed to your project. †¢ To be successful at SEO is not the easiest task in the world and can take anywhere from 4 to 12 months. For every firm there are likely to be several thousand other similar firms in the same line of work trying to get ahead and promote their own website. For example, if you are trying to promoteRead MoreInferences And Implications. The Inferences, Implications1181 Words   |  5 Pagesbefore the project is implemented, the following things need to be checked: 1. Do our project team members agree completely on the project scope? 2. Are team all roles and responsibilities clearly defined and understood? 3. Will the project team meet on a regular basis? 4. Are project tasks defined sufficiently so progress can be tracked? 5. Will progress reports be produced regularly for key stakeholders? 6. Will project issues be documented and tracked? 7. Is there a risk log in place? 8. Is there anRead MoreCyber Attacks : The Black Hat, White Hat And Grey Hat Hacker1412 Words   |  6 PagesSwanson Writing 201 3/8/2015 Hacker Hats When one hears the word hacker, what do they imagine? Most people will likely begin with a mental image of a man sitting behind a computer, typing away into a command line, trying to gain access to some government agency. In reality the term hacker is an umbrella term. There are the main three types of hacker the black hat, white hat, and grey hat hacker. Black hat hackers are the ones everyone imagines when they hear the term hacker; white hat hacker is the securityRead MoreSEO Company Case Study814 Words   |  4 Pagesconsider is the type of methods practiced by the SEO firm. When it comes to SEO there are White Hat technique and then there are Black Hat techniques. Although now most of the SEO firms will be following White Hat techniques, it is likely that some still to use Black Hat techniques. †¢ Google has recently modified the search engine algorithm and hence this makes it harder for SEO firms to follow Black Hat techniques. Furthermore the watchful algorithm of Google also blacklists websites for followingRead MoreAnalysis Of The Union Of Medtronic And Covidien1020 Words   |  5 Pages Florence Leykin Group 4 Assignment #3 Chapter 1 Organization- Medtronic is a company where they want to improve lives by having medical technology. They can create innovations for health systems, hospitals, and healthcare providers so they can help and provide the best care possible to patients and their families around the world. Medtronic is working with health systems to provide and combine our capabilities with their knowledge to help change how the company can work together and to achieveRead MoreEssay on Strategic Management and Strategic Competitiveness1374 Words   |  6 Pages With offices in more than 30 countries, Red Hat, founded in 1993, is the worlds leading provider of open source solutions, using a community-powered approach to provide reliable and high-performing technologies (Red hat company, 2012). The five technologies are cloud, operating system, storage, middleware and virtualization. Globalization and technology have positively impacted Red Hat. Globalization and technology has allowed Red Hat to expand from their office in Raleigh, North CarolinaRead MoreEthical Hacking : A Breach Of Security1457 Words   |  6 Pageshackers and all of them are referred to by a color of hat. We will start with the â€Å"White Hat†. These are generally the ethical hackers someone who for non-malicious reasons will break into their own security system for testing purposes. This classification also includes persons who perform penetration and vulnerability scans and tests under contract for larger companies. Probably one of the better known classifications is that of a â€Å"Black Hat†. A black hat is simply one who is intent on malicious or personalRead MoreEssay On Weather790 Words   |  4 Pagestypes of weather and how each type of weather has unique characteristics. Students will explain that weather data changes to reflect each season. Level and Type: Analyzing Procedural Knowledge Task 1: Performance Assessment: Flip-Book/Slide Show The students will draw two season names out of a hat. In the hat will be names representing each season: winter, spring, summer, and fall. Students will create a flip book, or Google Slide for their particular season. Students can be reminded they know how

Commonwealth Operational Issues Using ERP System †Free Samples

Question: How Commonwealth Focus On The Operational Issues With The Usage Of Best ERP Systems? Answer: Introduction The report focuses on how the accounting information system is able to handle the collection, storage and the processing of the financial and the accounting data that is being used by the different decision makers. The context of AIS is taken with respect to Commonwealth Bank in Australia, where how it has been able to incorporate Xero as the accounting software package which provides the secured data feed solutions for the business. All the small business customers are also required to work on the applications for the data feed where Commonwealth Bank focus on delivering the simple, and the best functionality to make the life of the people easy. The report also focusses on the ERP systems and the structure which relates to managing the resource planning with the improved setup process and secured connection. The company CBA will define how the inefficiency and the errors need to be evaluated with the standards set to meet the accounting forms. For Commonwealth banks, the accounting software is important to handle the payroll management in the system along with the proper analysis of the inventory. Through this, there is a proper access to the small business systems along with handling the data security. The solutions are based on working over the NetBank and Xero systems that hold the reconciliation of the functionalities. Organizational Structure As per the decision of the Managing Director of Commonwealth Bank, the structure is aligned on the development of product and the service delivery. This is important for handling the customer segments with the changed responsibilities for the leadership team (Commbank.com.au., 2017). The structure focus on the customer base, where there are retail banking services where the customers seek the accessible and the affordable banking procedures (Commbank.com.au., 2017). The investments and the insurance services are also based on the third-party support services from the brokers and the agents. The company works on the management of the institutional and the business services that cater for the financial needs of the initiation and the middle market business customers as well. Operational Issues As per the analysis, Commonwealth Bank is facing major issues related to the operational risks, where there are scandals related to the chronic overcharging of the customers at the British banking arm (Commbank.com.au., 2017). The CBA customers are left cashless with degradation in the electronic services which are for the bank customers and the executive teams. The errors riddled online platforms are also driving the customers away. ERP systems There is a need for the company to work and make use of Xero software which helps in handling and balancing the improvement for a proper processing. The secured success and the connection is possible through the transactions that are being done and delivered. The bank feeds also include the improved and the secured connection (Commbank.com.au., 2017). This is mainly through handling the cloud based technology where the ERP of the system works with easy forms of the data transactions along with working on how to handle the savings account. CBA is also able to cater to the needs with the reconciliation of the accounts and then controlling the flow of cash with proper setup of business (Khairi Baridwan, 2015). Here, the demands are depending upon the records and the easy processing of the data. The modules are highlighted with the easy management of the payroll and how the inventory standards are able to make a better place for the in-house systems. Flowchart Here, the procedure of the sales includes the receiving agent, vendor, superintendent, buyer and the customer. Here, there is a need to prepare a proper quote so that the process could be reviewed along with preparing the invoice for making the payment (Bhiani et al, 2014). The process also includes how there is a possibility to receive the orders of the different items and then proceeding with the shipping officer. The review of the quote and the quote acceptance is important for the proper flow of the data. The reviewing is based on the preparation of invoice and how the system is able to handle the evaluation of RFQ (Request for Quote) (Collier, 2015). Possible issues There are different issues which relates to how the functioning and the processing could be done when there are issues related to the system of Xero. The foundation is based on the possibility where the false data need to be evaluated and then linked for the system accounts. The employees ID along with handling the deletion of data for the previous employees is a major issue. Along with this, there is a need to set up the connection to the bank account with the ID so that it is easy for the money to float in the account. Some of the users work on accessing and making use of the network connections for the system, where the software is never able to give a proper access to the rights of the user (Commbank.com.au., 2017). Hence, it is seen that the system of the user is set at a lower pattern. With this, there are issues related to the system storage upgradation, where there is a time wastage in the conversions that all require a proper amount of time for money that comes when there ar e changes in the business principles (Ismail King, 2014). The major focus is on the time and how the expense efficiency could be satisfied with the proper designing of the software. For this, it is important to take note of how to balance any of the unbalanced error and work towards reporting and setting a better business performance. The best solution for the same is to work on the evaluation of the system where the user can easily handle the system of the file on the local driver. Through this, there is a major possibility where the user could also maintain and work towards the setup of the system privacy. This is only possible when there are monthly updates about setting and deleting the data of the files which are irrelevant. Accounting Information System Package The AIS has been launched by IBM which is considered to be able to setup the system dynamics along with working on the proper generation of reports. The working is based on the regulatory and the tax agencies where there is a need to handle the different financial transactions and record keep that is important to work on the real-time applications. AIS is also important to work with the inventory order and how the notifications are processed for the accounting. The sales are made where there are invoice customers and the warehouse to assemble the order and get notified for any receivable. The functionality is based on the flexibility and how the investments are processed for the effective development (Wang et al, 2014). The functioning could be worked on through the Peachtree which includes the expansions and the working on the system integration. The structural standards are based on working with the accounting applications and how the different requirements could be met with the ma jor focus on quickening the processes and handling the processor systems (Bodnar Hopwood, 2013). MYOB includes the company acquiring with the Australian standards set to meet the research and work with the business that is based on the small and the large number of the organization structure. The adaptation is based on the software standards with the reduced paperwork (Wang et al, 2014). Market Size The market size depends on the AIS software requirement, where there are people 1600 approximately who are working on the management. Along with this, there are certain investors and the creditors who are able to proceed with the accounting systems and management. ERP includes the basis where the software packages are defined under the choice of ERP. Hence, for this, the architectural format is based on the larger forms where the setup is through the data that is collected and worked on for the proper storage of the information. The accounting information is also depending upon the fact about how the clerk tends to enter and work on the details related to the invoice with the check on how it is easy to provide with the accounting vendor information (Simkin et al., 2014). The characterization is based on the costs with determining the different ledgers. Here, the purchasing format and the patterns are generated to handle the accounts with effectiveness that is based on working for any of the medium and the small sized companies. The check is on the cloud computing factors. Leaders in the market With the change in the market standards, it is seen that Xero is considered to be one of the leading companies that is able to handle the different transactions. The company is able to work on the different standards of accounting and how the information could be processed through it. It is important to analyze about the different set of factors which is for maintaining the system standards as well as the accounting software. The check is important to maintain the consistency where the company like Commonwealth Bank tend to make use of Xero and the implementation for this is also based on the considerable reliable standards with the ignorance to the system inconsistency. Limitations The check is on how the issues could be evaluated with the system security and the inconsistency factor. The integration is based on the fact how the users are able to take hold of the third party vendors along with easy handling of the fast time to market. With this, the check is also on the limitations which relates to the system of fraud that is to take hold of the other individual forms of recommendations (Wang et al, 2014). Recommendations The company needs to work on the cloud computing with the focus on how the encryption could be done. The flexibility will also work to handle and solve all the issues related to the development of system structure. The challenge is related to the desktop factors and other forms of the associated software which relates to cryptography. The measures are also set for the cloud computing and to handle the competitive edge that will improve the efficiency and the information security factors. The focus is on the needs and how the processes could be reported mainly to deal with the limits of consolidation along with evaluation of the system in a proper manner. With this, all the risk management techniques and the governance is also important to be evaluated. Conclusion Here, the check is on the documentation with the standards required to meet the system patterns. Xero and MYOB has been able to handle the system of the ERP market. Here, the users are also able to work on how to design the input control with the proper functioning so that there is an easy process that could be followed for handling the system transactions. The procedures and the instructions are based on collecting the information, storing and then retrieving the records which are for handling the internal and the external sources. The customer online orders and the procedures are processed to store the information where there is a major need to work on the impacts of different users and the different type of the information. References Bhimani, A. and Willcocks, L., 2014. Digitisation,Big Dataand the transformation of accounting information.Accounting and Business Research,44(4), pp.469-490. Bodnar, G.H. and Hopwood, W.S., 2013.Accounting Information Systems: Pearson New International Edition. Pearson Higher Ed. Collier, P.M., 2015.Accounting for managers: Interpreting accounting information for decision making. John Wiley Sons. Ismail, N.A. and King, M., 2014. Factors influencing the alignment of accounting information systems in small and medium sized Malaysian manufacturing firms.Journal of Information Systems and Small Business,1(1-2), pp.1-20. Commbank.com.au., 2017.Annual reports - Commonwealth Bank Group. [online] Available at: https://www.commbank.com.au/about-us/shareholders/shareholder-information/annual-reports.html. Khairi, M.S. and Baridwan, Z., 2015. An empirical study on organizational acceptance accounting information systems in Sharia banking.The International Journal of Accounting and Business Society,23(1), pp.97-122. Simkin, M.G., Norman, C.S. and Rose, J.M., 2014.Core concepts of accounting information systems. John Wiley Sons. Wang, P., Che, F., Fan, S. and Gu, C., 2014. Ownership governance, institutional pressures and circular economy accounting information disclosure: An institutional theory and corporate governance theory perspective.Chinese Management Studies,8(3), pp.487-501.

Judicial Precedent free essay sample

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 â€Å"stare decisis† 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 judge’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 don’t appear to allow scope for creativity, there are ways in which the doctrine of precedent can be avoided ‘thus 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 â€Å"when it appears right to do so†, 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 Young’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 it’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 Young’s case can also refuse to follow a past decision of its own if the law has been ‘misapplied’ or ‘misunderstood’. 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 – 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 – Family Division, Chancery Division and the Queen’s Bench Division – 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 – 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 Magistrates’ 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 – 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 ‘right to do so’, 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 â€Å"it is right to do so† 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 – All England Law Reports – published by Buttersworth since 1936 Some are published in the media – The Times, Guardian, Independent. Journals – New Law Journal, Law Society Gazette Records of decisions are also kept online – 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 – the daily notes section gives summaries of recent important cases www. supremecourt. gov. uk – this has reports of Supreme Court judgements www. parliament. uk – this has reports of the House of Lords judgements for 1996 to 2009 www. bailii. org – 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 Dodd’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 â€Å"hair splitting† 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?