Tuesday, February 18, 2020

Assess the hierarchical structure of the court system in England and Essay - 1

Assess the hierarchical structure of the court system in England and Wales. To what extent does the common law doctrine of bindi - Essay Example The England and Welsh courts have a hierarchical structure that is found within both the criminal and civil courts and represents the different levels of authority within the courts. The supreme court of the United Kingdom is considered as the most superior and senior court in the land that is tasked with high ranking litigations and court cases. These courts are tasked with different roles and constitutional functions within the English jurisdiction. Legal systems are guided to a larger extent by judicial precedents and historical rulings on cases which have striking similarity with the cases at hand. Within the English law and precedent, processing of the applicability and quality of a precedential ruling enables the courts to only apply liable legal rulings that bear similarities to their cases. As stated by the doctrine of binding precedents, the rules and legal laws used in arguing the case in reference must be fully studied and used to form an informed basis of whether to apply the precedent or not (Thomas, 2005). In this paper, the legal system of the Wales and England judicial structures will be analysed to provide their roles as enshrined in the English law enactment of the United Kingdom legislative enactment. ... United Kingdom supreme court The United Kingdom Supreme Court is considered as the final court of appeal in the country that is tasked with various roles and responsibilities that has ensured the development of the English law. All cases heard by the court, whether they are appeal in nature must have been referred to it by other courts below it. According to Hondius (2007), the United Kingdom Supreme Court is the ultimate court of appeal in the United Kingdom that is allowed to hear all cases from all the four kingdoms in the union. It thus makes determination of cases brought before it from England, Wales, Scotland and Ireland after the cases have been referred to it by other courts below it. Apart from high profile civil cases, the court is tasked with the determination of high profile cases of public interest and concern which are beyond the jurisdiction of other courts below it. Apart from the general cases considered of great public interest, the court is also tasked with consti tutional interpretation functions especially on cases involving the different kingdoms and their internal governments (Stone, 2009). Appeal courts of England and wales It is considered as the most senior court below the Supreme Court and hears a number of civil cases brought before it by other courts within the land. One of the major roles played by the high court of appeal of England and Wales is the supervision and directional leadership it has over other subordinate courts below (Gillespie, 2007). As a major court within this judicial jurisdiction, the court has three branches tasked with different roles and responsibilities. The Queen’s Bench division, the family division and the chancery division are the

Tuesday, February 4, 2020

Entrance Strategies Essay Example | Topics and Well Written Essays - 750 words

Entrance Strategies - Essay Example is reason, it is assumed that the license has benefits to both members of the agreement; otherwise, they would not be partisan to the license in the first place. In the corporate scene, the licensor usually receives royalty fees due to the permission granted to the licensee. Unlike in the past, an increased number in licensing agreements has been witnessed, especially in the corporate sector. Although different licenses contain different attributes with respect to the nature of the transaction, it is possible to tell an attractive license from one that is not attractive. Acknowledgement of these characteristics is a sure way of ensuring insulation from anticipated loss because of an unfavorable license agreement. Licensing is unattractive to a firm if: Previous knowledge describes competitive advantage as the ability of a firm to overpower its rivals. It is the condition experienced when a firm it is able to combine elements of its production process in an effective way that outperforms the rivals (John, 1996). Propriety technology is a specific process or item that tends to posses some great deal of benefit to the individual owning it. In actual sense, it may involve a special combination mix whose manipulation yields very rewarding results to the owner. As such, the ability to produce a proprietary technology individually yields an asset that can be quantified in terms of value. It is to be noted that, the proprietary technology is transferrable from one individual to another through sale for instance or even licensing making the tool volatile. This is made possible thanks to the ability to separate the technology from the individual who produced it. Therefore the source of the technology reaps benefits inform of royalties in th e case of licensing it out. Now, based on the adequate background information shared, it is clear that proprietary technology is highly valuable given the high regards associated with it. However, the volatility attribute of the same