The statement is true as the court reversed itself as the New Jersey court did regarding automobile search being the right decision to prevent crimes.
Stare decisis is Latin for "to hold fast to what has been decided." If a prior court has made a ruling on the same or a closely comparable matter when a court is faced with a legal argument, the court will follow that precedent when making its conclusion.
On September 24, the New Jersey Supreme Court upheld a decision that allowed police to search cars without first obtaining a warrant. No state rule or subjectivity is present in this situation, negating the need for such state-specific judgments. The court made the correct judgment to go in the opposite direction as the New Jersey court did with regard to car searches.
However, as in-state v. Witt, a new jersey supreme court case discussed in class, where a court will reverse itself as the new jersey court did regarding automobile searches stands TRUE.
To know more about the rule of stare decisis, refer to this link:
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Fair discrimination- Discrimination means treating some people differently from others. It isn't always unlawful - after all, people are paid different wages depending on their status and skills. However, there are certain reasons for which your employer can't discriminate against you by law. Discrimination happens when an employer treats one employee less favourably than others. It could mean a female employee being paid less than a male colleague for doing the same job, or an employee from a minority ethnic community being refused the training opportunities offered to other colleagues.
There are specific laws against some types of discrimination (called 'unlawful discrimination'). If your employer treats you less favourably for an unlawful reason, you may be able to take action. If your employer treats you unfairly for any other reason, this is not unlawful discrimination.
There are laws against discrimination on the basis of your:
-gender
-marriage or civil partnership
-gender reassignment
-pregnancy and maternity leave
-sexual orientation
-disability
-race
-colour
-ethnic background
-nationality
-religion or political opinion
-age
Unfair discrimination- Unfair discrimination is when you are treated differently as compared to other categories of people and that your dignity as a human being is impaired by such treatment.
Discrimination is regarded as unfair when it imposes burdens or withholds benefits or opportunities from any person on one of the prohibited grounds listed in the Act, namely: race, gender, sex, pregnancy, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth etc.
It is important to note that the Act does not prohibit discrimination but unfair discrimination.There are certain circumstances where discrimination can be regarded as fair e.g. measures designed to advance persons disadvantaged by the previous system of racial discrimination.
Cases for fair discrimination (read case)- The new amendments to the Employment Equity Act 55 of 1998 (the EEA) assist employers in defending unfair discrimination claims by enabling employers to show that the alleged unfair discrimination is justifiable. Prior to the amendment, an employer was only able to escape liability by showing that the discrimination in question was fair.
Answer:
A. The creation or existence of a compensation agreement does not establish an agency relationship between the giver of compensation and the recipient
Explanation:
An agency cannot be implied between the giver of a compensation and the recipient. An agency can only exist between the individual who wishes to sell a property and his/her designated agent or representative.
Answer:
To write a police report you need to :-
1. Use names and pronounce when you write about yourself or others.
2. Give one sentence idea about the incident (short and simple).
3. Be clear and specific.
4. Do not use heavy language since simple and easy words are better to understand.
5. Gather observable facts.
6. Write it down in a paragraph.
7. Use active voice and bullet points to list the important information about the scene.
Hope this helps, thank you !!
