legal Free Legal Advice

[KAPRE33]

helpppppppppp!!!! kelangan ko tulong sa Visual basic sino pede tumulong sa akin??????

[NoX]

or if u are sick of viruses, buy a Mac. or my Apple iBook running on OS X. hehhee

i'll amend this statement...

 

or if u are sick of viruses and have the money, buy a Mac. or my Apple iBook running on OS X.

[bher2]

yuP? anong problem mo abt vb? dotnet ba?

[younghermit]

xxx

Here's the situation to be more specific.

 

R v Clarke is a case that sentenced clarke of theft, injuring with intent and home invasion.

 

Clarke appealed to the Court of Appeal and his appeal was accepted, his sentence became theft and injuring with intent only..

 

Now here's the ques..

R v Clarke is a precedent. As such, indicate whether it is binding or persuasive on the following Courts in a similar case:

 

a) The High Court

The Supreme Court

c) District Courts

d) The Court of Appeal

 

Sorry guys.. super nahihilo lang talgaa ako I sound dumb i know but id rather than not know the answers

From what I can glean from the facts that you stated, R v Clarke is a case that is

decided by the lower court, and affirmed with modification by the Court of Appeals.

Furthermore, R. v Clarke involves the conviction of Clarke of 3 separate crimes namely: theft, injuring with intent and home invasions.

 

Now before I make definite answers I'd like to state some uncertainties that would affect my answers.

First, I don't know the difference between the Supreme Court and the High Court in your example. Here in the Philippines, we only have the Supreme Court so it's up to you to determine the applicability of my answers with respect to the High Court.

 

Second, the wording of the question really is confusing so there is no need for you to be apologetic and say that you "sound dumb." All I can offer you is my honest and educated opinion on the matter(or guess?) since I'm no expert on law (I'm not even a lawyer yet) and more particularly on NZ law.

 

Now, for my answers, I've come to the conclusion that R v Clarke refers NOT to the original case decided by the lower court or district court but to the case decided

by the Court of Appeals because that is the only time the decision in our example achieves finality.

 

Since R. V Clarke is decided by the CA (Court of Appeals), which is not the highest court of the land, it therefore does not have a "binding effect" based on the principle of stare decisis. Hence it is not a binding precedent but can only be persuasive to ALL the courts within the land. The level of persuasiveness however differs as you go higher in the judiciary. The case is most persuasive on the lower courts and the Court of Appeals. It is also persuasive with respect to the Supreme Court until the latter adopts it in a subsequent decision.

[totoybola]

For academic discussion only: assume that the Supreme Court affirms a Court of Appeals decision by way of a minute resolution (the one-paragraph type of decision which does not discuss the facts and/or law involving a case). Now, does that affirmation by the SC have binding effect? Why or why not?

 

Curious lang sa sagot.

[dj_flip03]

BTW. Any idea on how much an original WinXP OS cost?

[KAPRE33]

ganito, meron akong website na me sql database, ngayon nilipat ko sa ibang host, problema yung old host ko gumawa nito eh, nung nilipat ko na ayaw na gumana ng mga pages na gumagamit ng database, hihilo na nga ako eh, just poit out where i should look and i'll go and sniff it out

 

thanks

[thunderboy123]

Pa O.T., Anyone knows a justice of court of appeals for only ten days

[NoX]

so what are you using? asp? .net? what exactly is the problem? give us a clue, man; just saying that it doesn't work doesn't really cut it.

[younghermit]

For academic discussion only: assume that the Supreme Court affirms a Court of Appeals decision by way of a minute resolution (the one-paragraph type of decision which does not discuss the facts and/or law involving a case). Now, does that affirmation by the SC have binding effect? Why or why not?

 

Curious lang sa sagot.

Art VIII Sec. 14 States:

NO DECISION SHALL BE RENDERED BY ANY COURT WITHOUT EXPRESSING THEREIN CLEARLY AND DISTINCTLY THE FACTS AND THE LAW ON WHICH IT IS BASED. xxx

 

Based on the aforementioned provision, the minute resolution should be VOID.

 

In reality however, how are you going to question the HIGHEST COURT of THE LAND? Who is to say that the Supreme Court has committed Grave Abuse of Discretion amounting to lack or excess of jurisdiction? :cry:

[KAPRE33]

sorry I'm using asp.net, inayos ko na yung odbc ko it says test completed successfully... ngayon pag di ni display ko na yung page ko and i'm trying to access the database ayaw nya, the page just does not display it says page can't be displayed. yun ang problema.

 

any help is appreciated anything more you guys need to know please tell me.. thanks

[Wyld]

pano po ba ma delete ang files na me adware?

[Chi-Chi]

Thanks! Gets ko na. The case is therefore persuasive to the lower courts but IF IT WAS decided or sentenced by the supreme court it will be binding to the lower courts.

 

Thanks

[totoybola]

Younghermit,

 

An SC minute resolution is not void.

[totoybola]

Grammar check lang po. Instead of "an SC" dapat "the SC".

[sago]

pano po ba ma delete ang files na me adware?

bka u mean pano madelete ang shareware/apps na meron ads? u could use adware to delete those ads,just go through the menu and most probably you'll remove them.

[menime]

BTW. Any idea on how much an original WinXP OS cost?

for win xp home edition around 3500 to 4000 pesos, win xp pro arpun 8,500 to 9,000 pesos.

[menime]

BTW. Any idea on how much an original WinXP OS cost?

(edited because of typo) for win xp home edition around 3500 to 4000 pesos, win xp pro around 8,500 to 9,000 pesos.

[younghermit]

Younghermit,

 

An SC minute resolution is not void.

why not?

[younghermit]

Thanks! Gets ko na. The case is therefore persuasive to the lower courts but IF IT WAS decided or sentenced by the supreme court it will be binding to the lower courts.

 

Thanks

I'm glad I could help

[younghermit]

1. Anybody know other solutions for spyware other than Ad Aware?

 

2. Other than tweaking the registry, anybody know how to fix the home page url for internet explorer in case a malicious program turns the default 'home page' into a particular site?

 

3. anybody know what this site is: (http://www.windowws.cc/hp.htm?id=80.) WARNING: please don't go there if you dont know what you are doing.

I still got no.2 and no. 3 left unanswered,

Anybody want to try?

[master_b8]

mga bossing ano kaya sira ng pc ko bigla di nadetect yung modem ko after 4 months of use..

[younghermit]

mga bossing ano kaya sira ng pc ko bigla di nadetect yung modem ko after 4 months of use..

What's the brand of your modem? are you using winxp?

 

I had a similar problem last january with my d-link modem. Although I've tried reinstalling the drivers, it still won't work.

 

Try reinstalling the drivers. Check also for viruses.

[green_giant]

just too expensive pirated na lang

[roxysnonie]

mga bossing ano kaya sira ng pc ko bigla di nadetect yung modem ko after 4 months of use..

 

you didnt say if your modem's internal or external modem. and are you running win xp?

 

if internal, maybe the slot where it is inserted got loose, dirty etc. try removing the card cleaning the slot a bit, then place it back in.

 

same goes for external, maybe the connecting cable got frayed or the jacks loose, check and double check, also the power supply.

 

maybe a driver mismatch perhaps? search the web for new drivers(of course using a different pc! )

Edited August 23, 2004 by roxysnonie