What is the Principle of stare decisis?

What is the principle of stare decisis? Under what circumstances is a precedent found to be either (a) binding, (b) distinguishable, or (c) persuasive in Canada? could you please explain with further details and examples. Thank you!

The Philippine Airlines of American parents under the US national space. 

The child was born inside the Philippine Airlines of American parents under the US national space.  The parents are both Chinese and were naturalized as Filipino citizens and their child was born in the Philippines.

Filipino,

3. The child was born in Illinois of an Italian mother and Filipino father.

4. The father is a former American citizen and was naturalized as Filipino and the mother is American citizen.

5. The child was born in a cruise ship that was docked in Japan of a Japanese father and Filipino mother.

 

The Business of restaurant business

Mr. Santos is engaged in the business of restaurant business. In the year 2018, the Regional Director of the Bureau of Internal Revenue issued a letter of authority to the BIR District Officer in order to assess, review and examine the books of account of Mr. Santos. Without any preliminary assessment notice or any final demand issued to Mr. Santos, the BIR immediately ordered the closure. Is the BIR correct in immediately ordering the closure of the business of Mr. Santos? Why?

 

2. Can hotels give out / release the names of their guests or other information to someone? Why or why not? What law protects the guests from this situation

 

3. Round the World Travel Services were engaged by AAA University to tour their students in South Korea on April 15, 2020. However, the national government  issued a travel ban in and out of the country due to Covid-19. Some students are insisting to pursue the tour as all tour inclusions are paid already. But, because of the travel ban, the tour was suspended. Was the impairment of the Right to Travel unconstitutional? Why?

 

4. What are the 4 areas that covers maritime territory? What is the difference between Right of Innocent Passage from Right of Involuntary Entrance?

 

5.

The 2012 Scarborough Shoal standoff was one of the factors that prompted the Philippines to file a case against China. Tensions between the two countries escalated when Chinese surveillance ships prevented Philippine authorities from apprehending Chinese vessels found poaching endangered Philippine marine species at the shoal. Philippines brought the case before the tribunal to dispute China’s claim of “indisputable sovereignty” over almost the entire South China sea through its “nine-dash line” claim. The Arbitral Tribunal decides in favor of the Philippines vs. China case over South China Sea.

Why do you think that the Philippines won the case? What is the importance of UNCLOS to the West Philippine Sea dispute?

 Bongo Dizzy, ‘Voice of the interpreter’, in Nettleford

Bongo Dizzy, ‘Voice of the interpreter’, in Nettleford, R (ed), Mirror, Mirror: Identity, Race and Protest in Jamaica, 1970, Jamaica: Collins and Sangster, p 44. Stated ‘Jamaica today is independent … yet English customs and laws and English instructions still leads us . . . how much voice do we have in saying what laws will pass . . . politics was not the black man’s lot but the white man’s plot.’

Explain the statement above

 

Binding on Brennan J in the High Court of Australia?

Were the rationes decidendi of the following cases cited in the judgment of Waltons v Maher (interstate)  binding on Brennan J in the High Court of Australia?

  • Craine v. Colonial Mutual Fire Insurance Co.Ltd.  [1920] HCA 64; (1920) 28 CLR 305, at pp 327-328;
  • Thompson v. Palmer [1933] HCA 61; (1933) 49 CLR 507, at p 547;
  • Newbon v. City Mutual Life Assurance Society Ltd.  [1935] HCA 33; (1935) 52 CLR 723, at p 734;
  • Grundt v. Great Boulder Pty. Gold Mines Ltd.  [1937] HCA 58; (1937) 59 CLR 641, at pp 657, 674, 676.

 

  • Explain the doctrine of precedent
  • Were they binding on him or not?
  • Including amongst them?
  • strict rules of precedent
  • don’t distinguish facts

The Toronto Six Premier Hockey Federation (formerly WNHL) team

Alexa and Kate were both members of the Toronto Six Premier Hockey Federation (formerly WNHL) team.  Alexa is 25 years old and plays defence.  Kate is 31 and plays right wing.

 

Due to the abysmal salaries paid to players in this league ($15,000 per year for each of these 2 players), both Alexa and Kate have other jobs.

 

Alexa has a degree in psychology, but since graduating has mostly worked as a dog walker/sitter and part time at pet stores.  She usually earns $20-30,000 per year doing this, depending on how much she works.  She is not entitled to benefits.  She has considered going back to college to become a law clerk, but hasn’t applied.  Her marks in high school and university were good enough that she has no concerns that she would not be accepted for that program.  Such a course would cost $15,000 and take 2 years to complete.

Once she graduates, she could likely get a job that pays $50,000 to start.  However, due to cost and time commitment required to complete the college course, as well as the full-time nature of most law clerking jobs, Alexa has not pursued this as she enjoys the flexibility of her current work/hockey training schedule.  Alexa is single and has no interest in ever having children.

 

Kate is a high school gym teacher.  She earns $90,000 per year, plus a pension and benefits.  Amazingly, she manages to do this while still training and playing hockey at the highest level for women.  She is engaged to another teacher at her school and they would like to have children.  She is hoping that she can continue to play hockey during parental leaves from teaching.  Fortunately, with EI and top ups from her employer, she would receive almost her full salary during any parental leave.

 

On December 19, 2021, the Six played the Montreal Force on their home ice (Toronto).  The game was heated, with lots of trash talking on both sides.  By the third period, the Force was leading the game 2-1.  During the last 5 minutes of play the Force’s leading goal-scorer, Therese, was carrying the puck, close to the boards.  As Alexa approached her to take the puck, Therese tripped on a rough patch on the ice, but, due to Alexa’s proximity, thought that Alexa had tripped her.  Alexa then passed the puck down the ice to Kate, who scored a game-tying goal.  During stoppage of play Therese got up and skated over to Force defencewoman, Celine, and the two discussed something.  When the play began again, Kate gained the puck and Celine quickly rushed up behind her and checked her from behind into the boards.  Kate was knocked out and fell to the ice.  As the ref blew the whistle to stop the play, Therese and Alexa skated to that corner and Alexa slashed Celine in the knees.  Therese then stepped in and grabbed Alexa’s stick, causing Alexa to fall awkwardly and break her clavicle.

 

Kate regained consciousness shortly after being removed from the ice but had suffered a bad concussion.  She was unable to teach for the remainder of the school year, but fortunately received short- and long- term disability benefits through the school board.  When she returned to work as a teacher, she required accommodations as she continued to have issues with concentration, screen time and demonstrating some activities to her class.  She is worried about being able to work until her planned retirement age if her symptoms do not resolve.  This would affect her pension entitlement.  She was paid out the remainder of her hockey contract for the year, but her doctors advised her against returning to competitive play until her symptoms completely resolved.  She was offered a minimal buy-out from the league and never returned to professional hockey.  Kate and her fiancée’s wedding plans got pushed back a year as a result of her injuries, so the wedding ended up costing $10,000 more.  Kate had her first child at age 34 and hopes to have a second a few years later.  Having 2 siblings herself, she would have considered having 3 children if she had started earlier.

 

Alexa recovered from her injury in 8 weeks.  Because she had to be in a sling during that time she was unable to drive, walk dogs or work her part-time job at the pet store.  She had accommodations when she returned to working at the pet store, but she was able to work more hours as she had fewer pet-sitting clients.  When she was able to return to dog walking, it took her another year to re-build her clientele to the level it was before the incident.  She took off the remainder of the hockey season, but returned to play the following year without incident.  Because of the slashing, Alexa was suspended for one game without pay, but was otherwise paid the rest of her contract for the 21/22 season.  Alexa continued to play in the PHF until age 35 when she embarked on a career as a law clerk. 2

 

 

Questions to consider for discussion 

 

1. What torts occurred, if any?  Pick one incident and analyse whether a tort occurred.

2. What defences could the parties rely on?  What about mitigating factors?

 

The Tension between information technology and legitimate privacy interests

How does the nation resolve the tension between information technology and legitimate privacy interests? Can the nation truly prevent government from having access to data while enforcing electronic accountability if data is misused? Does making technological choices at the intersection of privacy and civil liberties protection with national security require tradeoffs? How is it possible to strike a balance or weigh the trade-offs between security and freedom? Is it justified to interfere with civil liberties and personal rights for the sake of national security?

 

Provide sources please

Disruptive and noncompliant behaviors

You are an assistant principal at a high school where less than 10% of the students identify themselves as non-white. An African American male student is frequently sent to your office by different teachers because of disruptive and noncompliant behaviors. You have found him to be a likable student, but he has shared with you that he feels his teachers do not understand or like him.

At this point, how do you address the concerns of the teachers? How do you address the concerns of the student in collaboration with the teachers? What other actions do you need to take as the assistant principal?

The Distressed Grandfather (Dummy bookcase)

Case: The Distressed Grandfather (Dummy bookcase) Help me draft 4 Interrogatories, 3 requests for production, and 3 requests for admission that the defendant (Mrs. Small ) will have to answer. Think through what information would be helpful to know about how the defendant might have acted negligently.

 

Donald Drake & his 6-year-old grandson, PhilipDrake was about 30 feet behind Philip, when Philip was hit by a car that seemed to be driving out of controlPhilip has killed instantlyThe driver, Mrs. Wilma Small was unhurt.Mr. Drake suffered a great deal of mental pain and shock.He suffered a heart attack -a lengthy hospital stay1 year later, Mr. Drake still has nightmares and now wants to sue Mrs. Small and have her pay for the hospital bills and for his pain and suffering.

Relief of poverty

Relief of poverty is a charitable purpose that involves helping those who are struggling to make ends meet. This can include providing financial assistance, food, clothing, and other necessities. How does St Vincent DePaul use the power of volunteers as well as various fundraising events to serve those in need?

  1. Disclosure requirements typically mandate that charitable organizations disclose certain information to potential donors, such as how their donations will be used. How do you ensure that potential? donors The St. Vincent de Paul Society understand how their donations will serve the public directly?
  2. Protecting the public from dishonest or misleading methods of fundraising is one of the responsibilities of the attorney general when it comes to upholding the law. The Attorney General is authorized to conduct inquiries into allegations of dishonesty or fraud, to take legal action when necessary, and to negotiate and reach agreements with violators. It is the responsibility of the attorney general to see to it that organizations that engage in fraudulent or misleading tactics are brought to justice and that the public is shielded from the harmful effects of these kinds of activities. How do you ensure that the Greater Milwaukee Chapter of The St. Vincent de Paul Society complies with transparency in fundraising as required by the Wisconsin Attorney General.
  3. Please identify and briefly describe common state regulations regarding St. Vincent de Paul fundraising over the internet.
  4. “How their gifts will be used” in this sentence would mean “how their gifts will be used. One example of this kind of disclosure is the requirement that charitable organizations announce how their donors’ contributions will be utilized. This is an example of a sort of disclosure requirement. It is customary practice to ask charitable organizations to post a bond to demonstrate compliance with bonding laws. This is done to guarantee that the organization will spend the funds in accordance with the criteria outlined by the donor. How does the St. Vincent de Paul Society ensure this?
  5.  Please describe some of the most successful fundraising efforts of The St. Vincent de Paul Society.
  6. Since The St. Vincent de Paul Society is comprised of mainly volunteers; what are your strategies to engage and attract an ample amount of volunteers to serve and carry out the mission of St. Vincent de Paul?
  7. What is the most innovative marketing and fundraising campaigns that St. Vincent de Paul has implemented to date?

This is for Non-Profit Law in the United States