Answer:
Sis did you really just post your whole exam on here? Chile aneways-
Explanation:
#1- A worker is killed after his employer fails to repair a piece of equipment
#2- Defendant
#3- Penal Code
#4- Prelimunary Hearing
#5- If the juvenile has a criminal record (However, minors who are 15 or 16 years old are automatically tried as adults for certan felonies, so I don't know what your teacher wants)
#6- To solve the underlying social problem causing the behavior
Answer:
The correct answer is C. Ratio Decidendi; Obiter Dicta
Explanation:
<em>Ratio Decidendi</em> and <em>Obiter Dicta</em> are Judicial Precedents in law. Judicial Precedents are used by Judges in the Court of law to decide on a current case. Judges apply previously decided cases to a current case.
<em>Ratio Decidendi </em>means the reason for the decision. This pronouncement is binding which must be strictly followed. As the Judge delivers judgment he lay out the facts of the case and outlines the evidence brought before the court. The judge equally examines the argument of Counsel on both sides and apply previously decided cases to arrive at a conclusion.
<em>Obiter Dicta </em>means a statement by the way. In the course of delivering Judgment, the judge might make few remarks that are necessarily not related to law or the facts in an issue that should not be relied on. <em>Obiter Dicta</em> has a persuasive effect.
A consultant was alleged to be in material breach of a consultancy contract for refusing to supply his services. He responded to a material breach notice by stating that he was willing to perform. However, the Court of Appeal held that this was insufficient to remedy the breach (Bains v Arunvill Capital Limited).(According to the court, actual performance, rather than an indication of a willingness to perform, is required to remedy a material breach of contract.
