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The doctrine of binding precedent is often known as the doctrine of stare decisis. When a judicial decision sets a precedent, the decision will oblige all ... ... <看更多>
Under s 12z3{ of the Hong Kong Court of Final Appeal ... In the light of the common law doctrine of precedent applicable before the Reunification, we can ... ... <看更多>
#1. 淺談「遵循先例(Stare Decisis)」原則 - 高點法律網
遵循先例原則(stare decisis) 作為英美法律體系重要的法律原則,是同學學習英. 美法相關知識時必然接觸到的法律概念。雖然耳熟能詳,然此原則卻甚少被直. 接視為討論焦點。
#2. Law - City University of Hong Kong
The doctrine of binding precedent is often known as the doctrine of stare decisis. When a judicial decision sets a precedent, the decision will oblige all ...
#3. Basic Law Bulletin No. 5 Part 5
Under s 12z3{ of the Hong Kong Court of Final Appeal ... In the light of the common law doctrine of precedent applicable before the Reunification, we can ...
#4. Precedent and Stare Decisis in Hong Kong: the Case of ...
Stare Decisis ” is a Latin term that means to “to stand by decided cases, to uphold precedents; to maintain former adjudications” (Black 1910). According to the ...
#5. The Sources of Hong Kong Law on JSTOR
Hong Kong has a curious mixture of laws old and new, ... Published by: Hong Kong University Press. Pages: 356 ... 5 Vertical Stare Decisis Within Hong Kong.
#6. Rules of Stare Decisis and Use of Precedent
Many complex rules govern the use of precedent. Lawyers primarily use precedent in their arguments, rather than statutes or the Constitution, ...
#7. What is Stare Decisis? - UOLLB First Class Law Notes
Stare decisis is a legal doctrine that means "let the decision stand." It is a key feature of the common law system, in which legal ...
#8. Legal system exam note - Studocu
Stare Decisis in Hong Kong Court of Final Appeal. ○ Decisions from the CFA are binding on all lower courts. ○ Highest court in the hierarchy of the courts ...
#9. Legal Systems in Hong Kong: Overview - Practical Law
A Q&A guide to the legal system in Hong Kong. ... All lower courts are bound by the precedent of a superior court. The Court of Final Appeal ...
#10. Hong Kong: Law and Practice - Personal Injury - Mondaq
The system of stare decisis prevails where lower courts are bound by the decision of higher courts. Court proceedings are carried out in an ...
#11. Judicial independence remains solid and robust
Even a cursory glance at Hong Kong's legal infrastructure will reveal that ... upon which stare decisis is premised and which, by reflecting ...
#12. stare decisis | Wex | US Law | LII / Legal Information Institute
Stare decisis is the doctrine that courts will adhere to precedent in making their decisions. Stare decisis means “to stand by things decided” in Latin.
#13. HONG KONG - Gall Solicitors
Hong Kong follows the common law system with a combi- nation of statutory laws as well as laws developed through judgments. The system of stare decisis ...
#14. Speech by The Honourable Chief Justice Geoffrey Ma
document that is relevant to Hong Kong – the Basic Law –3 there is ... The doctrine of precedent (stare decisis) is a well-known ...
#15. Bye Tinsley, Hello Patel: Hong Kong Court of Appeal ...
Bye Tinsley, Hello Patel: Hong Kong Court of Appeal Overrules Tinsley ... applying the... stare decisis rule, it would only be logical that ...
#16. Hong Kong Court System Flashcards | Quizlet
Match · Loh Lai Kuen. magistrates court: horisontal stare decisis no, vertical stare decisis; district court is limited to 1 milion and 7 years (there is ...
#17. Stare decisis Definition | Legal Glossary - LexisNexis
The doctrine of stare decisis, or binding precedent, is the principle by which judges are bound by previous judicial decisions especially of superior courts. To ...
#18. CB(1)1770/11-12(02)
Hong Kong by an undertaking with a substantial degree of market ... 2 Under the doctrine of judicial precedent (in Latin, stare decisis), ...
#19. The Emergence of the Doctrine of Stare Decisis in the World ...
2* Anne Scully-Hill, Associate Professor, School of Law, Chinese University, Hong Kong, Email: <[email protected]>; Hans Mahncke, Assistant Professor, ...
#20. Court of First Instance (Hong Kong) - Wikipedia
The Court of First Instance is the lower court of the High Court of Hong Kong, the upper court being the Court of Appeal. Formerly the High Court of Justice ...
#21. A Solicitor v The Law Society Of Hong Kong - VLEX 862804309
The rule of stare decisis in relation to the Court of Appeal must be considered in the context of the judicial system as a whole. Before discussing that rule, ...
#22. Stare Decisis and Certiorari Arrive to Brazil
differences with U.S. law, in particular stare decisis and the writ of certiorari) and from a law ... Hong Kong Law Journal 30: 91. Tan, Eugene KB. 2002.
#23. A solicitor v law society.docx - The decision of the court...
Stare decisis plays a vitalrole by ensuring that there is certainty, continuity, and predictability in judicial decision making.That is why even the CFA ...
#24. Civil Law and Common Law - Villagran Lara Attorneys
... Canada, Australia, Belize, Hong Kong, Trinidad and Tobago, etc. ... according to the doctrine of judicial precedent (stare decisis) the ...
#25. the principle of stare decisis - 英中– Linguee词典
大量翻译例句关于"the principle of stare decisis" – 英中词典以及8百万条中文译文 ... legco.gov.hk ... 2003 and 2005 in the village of Stare Kiejkuty.193 [...].
#26. Understanding Stare Decisis - American Bar Association
To put it simply, stare decisis holds that courts and judges should honor “precedent”—or the decisions, rulings, and opinions from prior cases.
#27. Stare Decisis and Certiroari Arrive to Brazil - CORE
120 Eugene K.B. Tan, Law and Values in Governance: The Singaporean Way, 30 HONG KONG L.J. 91, 96. (2000) (citing Practice Statement (Judicial Precedent) ...
#28. Conservative U.S. justices draw criticism by overruling ...
For the second time in six weeks, the U.S. Supreme Court's conservative majority on Friday overruled a decades-old legal precedent set by ...
#29. Stare decisis (Chapter 8) - Precedent in the World Court
A leading English work says that the 'general orthodox interpretation of stare decisis … is stare rationibus decisis (“keep to the rationes decidendi of ...
#30. Hong Kong Law Journal - Vol. 2 of 1972
Hire and reward: more about pak pais and precedent, 216. Sentencing in child labour cases, 92. Stare decisis in the House of Lords, 209.
#31. The sources of Hong Kong law - The Chinese University of ...
The sources of Hong Kong law -book. ... 5 Vertical stare decisis within Hong Kong 81. 5 Vertical stare decisis within Hong Kong 81.
#32. The Principle of Stare Decisis in Canadian Administrative Law
In section I, I briefly review the development of stare decisis in the common ... for Comparative and Public Law, Faculty of Law, University of Hong Kong.
#33. How Global Is the Common Law? A Comparative Study of ...
This article compares three common law jurisdictions in Asia – Hong Kong, ... Common law courts cite to stare decisis – the principle that a court must ...
#34. The New Doctrine of Precedent in the Hong Kong Court of ...
Abstract. In Solicitor (24/07) v. Law Society of Hong Kong, the Court of Final Appeal ("CFA") redefined ...
#35. Syllabus for Hong Kong Legal System - PCLL Conversion
Doctrine of Stare Decisis. Doctrine of precedent in Hong Kong – Full Court – Pre- and Post-1997 Privy Council Decisions – Status of House of Lords Decisions ...
#36. Malaysia - Shipping & Maritime Update | Stare Decisis
Malaysia - Shipping & Maritime Update | Stare Decisis: When Does It Bind? ... Hong Kong's New Law Providing A Tax Concession For Family ...
#37. A Gordion Knot: Stare Decisis in the Federal Court of Malaysia ...
Some Constitutional, Substantive and Evi- dentiary Aspects of Drug Control Legis- lation: A Comparative Study of the Law of Singapore, Hong Kong and Canada.
#38. Hong Kong Legal System - PCLL Conversion Notes
DEVELOPMENT OF THE HONG KONG LEGAL SYSTEM (1842-1997) ............ 6. A. Background . ... SOURCES OF HONG KONG LAW . ... DOCTRINE OF STARE DECISIS.
#39. judicial precedent in emerging constitutional jurisdictions ...
law — constitutional stare decisis — raises unique considerations. ... the Hong Kong Court of Final Appeal to right to equality as articulated in Secretary ...
#40. Stare decisis, legal certainty and the concept of economic ...
Stare decisis is the doctrine whereby judges and courts rely on previous ... 107 Case 89/81 Hong Kong para 10, Case C-77/01 EDM para 49, ...
#41. Hong Kong law firms should be encouraged to enter the ...
Hong Kong law firms should be encouraged to enter the digital age ... The Latin term for this is stare decisis, or standing by decisions ...
#42. Precedent in investment treaty arbitrations | Global law firm
This article considers what relevance, if any, the doctrine of precedent (stare decisis) has in the context of investor-state arbitrations and whether it ...
#43. SINGAPORE ACADEMY OF LAW ANNUAL LECTURE 2009
Chief Justice of the Hong Kong Special Administrative Region. I. Introduction ... recognised the vital role the doctrine of stare decisis plays in giving.
#44. The sources of Hong Kong law / Peter Wesley-Smith
The theory of stare decisis. 4. The practice of horizontal stare decisis. 5. Vertical stare decisis within Hong Kong; Pt. 2. The Reception of English Law.
#45. Doctrine of precedent: status of the judge or status of the court?
The doctrine of precedent is based on the principle of stare decisis, ... The claimant, a private company incorporated in Hong Kong in 2008, ...
#46. The Sources of Hong Kong Law - Project MUSE
Hong Kong has a curious mixture of laws old and new, written and unwritten, home-grown and ... Vertical Stare Decisis Within Hong Kong; pp.
#47. Common Law: What It Is, How It's Used, and ... - Investopedia
Common law is also practiced in Australia, Canada, Hong Kong, India, ... A precedent, known as stare decisis, is a history of judicial decisions which form ...
#48. SJ's speech at Ceremonial Opening of the Legal Year 2022
... upon which stare decisis is premised and which, by reflecting transparency, ... Maintaining the Hong Kong system under the "one country, ...
#49. Trials: China adopts the “doctrine of precedent” in judgments
The “Doctrine of precedent”, typical of common law systems, acknowledges that ... Covid-19: Hong Kong government adopts the “0+3” scheme.
#50. Stare Decisis and Certiorari Arrive to Brazil
particular stare decisis and the writ of certiorari) and from a law and ... Law and Values in Governance: The Singaporean Way, 30 HONG KONG ...
#51. Stare Decisis: Definition & Meaning | StudySmarter
In this system, the decisions made by the King's judges were used by other judges to rule on similar cases. This judicial system was used to consolidate the ...
#52. BU Law Legal English Program
Stare Decisis. This is the language of the common law, itself a foreign language to lawyers trained in the civil law tradition. JD students have three years to ...
#53. Stare Decisis and Constitutional Supremacy: Will Our Charter ...
King Emperor, [1933] All E.R. Rep. 723, at 726 (P.C.). Page 10. (2012), 58 S.C.L.R. ( ...
#54. Stare Decisis and Common Sense in American Civil and ...
Keywords: stare decisis; common sense; civil law; criminal law; ... the executive (the king in both cases) and the legislative branches of government.
#55. The Sermon Of Saint Anthony To The Fish And Other Texts ...
decisis, the adversarial system) as well as a very handy glossary of ... Indies in the seventeenth century to the reversion of Hong Kong to ...
#56. Stare decisis (856,-666) - ILO Administrative Tribunal
The applicable approach is stare decisis. Reference(s). ILOAT Judgment(s): 3876. Keywords: precedent; res judicata; stare decisis; ...
#57. The influence of stare decisis on judicial decision-making.
stare decisis, under which the decisions of the Supreme Court are binding on all “inferior” courts in Canada. In Woods Manufacturing v. The King, a case ...
#58. Stare Decisis in Montana
Separation of Powers. Finally, stare decisis is branch-respecting. 14 When a state appellate court interprets a statute and the legislature declines the ...
#59. The Hong Kong Legal System - 第 406 頁 - Google 圖書結果
Stefan H. C. Lo, Kevin Kwok-yin Cheng, Wing Hong Chui ... avoidance of, 176–177 in CFA, 164, 168–172 horizontal stare decisis, 166–168 vertical stare ...
#60. The Sources of Hong Kong Law: China's Nestorian Monument and ...
The status of stare decisis Is stare decisis a rule of law, thus giving judges no choice but to accept it and apply it, or does it bear some such label as ...
stare decisis hong kong 在 淺談「遵循先例(Stare Decisis)」原則 - 高點法律網 的相關結果
遵循先例原則(stare decisis) 作為英美法律體系重要的法律原則,是同學學習英. 美法相關知識時必然接觸到的法律概念。雖然耳熟能詳,然此原則卻甚少被直. 接視為討論焦點。 ... <看更多>