...TRAINING SUPPORT PACKAGE (TSP) TSP Number / Title|805-W-0053 / Advanced Rifle Marksmanship 4 (Reflexive Fire - Day & Night)| Effective Date |01 Aug 2009 | Supersedes TSP(s) / Lesson(s) |This Training Support Package (TSP) supersedes all previous versions of this TSP.| TSP Users |All units conducting Warrior Transition Course. | Proponent |The proponent for this document is the U.S. Army Basic Combat Training Center of Excellence. | Improvement Comments |Users are invited to send comments and suggested improvements on DA Form 2028, Recommended Changes to Publications and Blank Forms. Completed forms, or equivalent response, will be mailed or attached to electronic e-mail and transmitted to: Director Basic Combat Training Doctrine and Training Development ATTN: Drill Sergeant Proponent USATC&FJ 4325 Jackson Blvd Fort Jackson, SC 29207- Telephone (Comm): (803) 751-6511 Telephone (DSN): 734-6511 e-mail: james.walthes@jackson.army.mil| Security Clearance / Access | Unclassified | Foreign Disclosure Restrictions|FD6. This product/publication has been reviewed by the product developers in coordination with the US Infantry School foreign disclosure authority. This product is releasable to students from foreign countries on a case-by-case basis.| PrefacePREFACE Purpose|This Training Support Package provides the instructor with a standardized lesson plan for presenting instruction for:| |Task Number Task Title Individual 071-311-2007 Engage Targets...
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...Job Title: | | Job Category: | | Department/Group: | | Job Code/ Req#: | | Location: | | Travel Required: | | Level/Salary Range: | | Position Type: | [i.e.: full-time, part-time, job share, contract, intern] | HR Contact: | | Date posted: | | Will Train Applicant(s): | | Posting Expires: | | External posting URL: | | Internal posting URL: | | Applications Accepted By: | Fax or E-mail:(425) 555-0123 or someone@example.comSubject Line:Attention: [Recruiting or HR Department RE: Job Code/Req# and Title] | Mail:[Recruiting Contact or Hiring Manager][Department, Company Name][P.O. Box][Street or Mailing Address with ZIP Code] | Job Description | Role and Responsibilities[Type a description of the essential roles, responsibilities and activities a candidate can expect to assume in this position, using the Details style. For bullets, use the Bulleted List style: * Coordinate all travel arrangements for the company; research and make flight, hotel and rental car reservations in accordance with company policies and to obtain most economical and efficient travel. Create travel itinerary and schedules in accordance with authorized travel requests. Bulleted list itemFor a numbered list, use the Numbered List style:Numbered list itemNumbered List item]Qualifications and Education Requirements[Type a description of the work experience and educational background that a candidate should have when applying for position. Use the Details, Bulleted List, and/or...
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...The Tempest written during the 1600s by one of the most influential writers of his time, William Shakespeare, takes us deep in to the Renaissance, in which questions of religion and man’s place in the world were the cause of much conflict. There are many insinuations that the character of Prospero is a cover for Shakespeare himself and through the protagonist, Shakespeare voices some of his views about the world he was living in. Along with themes of power, men and control, colonization also seems to be a main focus of Shakespeare throughout The Tempest, as almost every character ponders upon how he would rule the island on which the play is set if he were its king. Dr Faustus was written during the reign of England’s Queen Elizabeth I by Christopher Marlowe. It focuses on the main character, Dr Faustus, selling his soul to the devil in exchange for all the luxuries the world has to offer “twenty-four years of all voluptuousness.” Both plays present men questing for power and have left their mark on the modern world of literature. Shakespeare highlights the dominant themes power and control through the characters of Prospero and Antonio. Throughout the play many of the characters are in constant battle for power and freedom sometimes resulting in them succumbing to malevolent deeds. Prospero personifies the imperialist omnipotent ruler as he enslaves Caliban son of Sycorax and rightful ruler of the island. He uses the informal pronoun and pejorative phrase “thou most lying...
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...Arthur Blank Servant Leadership Brandon Crothers Management 310 9/6/11 Arthur Blank is the owner of the Atlanta Flacons. When I was growing up I use to watch the Falcons on television. My favorite player was Michael Vick because he was fast and a great quarterback. The reason I picked Arthur Blank was because Michael Vick got in trouble with dog fighting and that hurt the Falcons organization. Their reputation got hurt also but, Arthur Blank turned this franchise around and got its name back and brought the organization back to winning again. Arthur Blank is a servant leader because he listens and he put s the people before himself. Arthur Blank was born on September 27, 1942 in New York, New York and he received an accounting degree from Babson College. He worked as an accountant before joining a small pharmaceutical company started by his father. The company got bought by Daylin; So Blank became an executive at Daylin drugstore unit. Blank then moved to the Handy Dan Improvement Centers, this is a division of Daylin, where he met Bernard Marcus. In 1978, both Blank and Marcus were fired by Daylin over disagreements about the small chain's future and they decided to go into the home-improvement business. They looked at four cities to determine where the perfect location for their new home-improvement business. They then settled on Atlanta as the place with the right market and real estate conditions to test their theory that consumers would flock to huge stores...
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...Mahesh Nanwani explains the doctrine of precedent and looks at the methods by which judges can make and amend the law. The doctrine of judicial precedent has been at the heart of the English legal system, being a fashion fiesta for the judges to follow long-standing precedents which, in fact, only slowly evolved and matured from the nineteenth century.[1] Fundamentally, it refers to the hierarchical structure of the English courts within which a decision of a higher court will be binding on a court lower in the hierarchy. The decision contains two types of statements: first, there are ‘ratio decidendi’ statements which are binding and are statements of law applied, and second, there ‘obiter dictum’ statements which are statements made ‘by the way’. Nevertheless, some judges have been criticised for making law via the doctrine of precedent. Subsequently, the question of judges being unconstitutional arises. However, as we shall see, sometimes judges sitting in the House of Lords (the Supreme Court), Privy Council, Court of Appeal and two separate European Courts do indeed make law and state the law. The Supreme Court, formerly the House of Lords, is the highest court in the United Kingdom and is bound by the European Court of Justice for European Union law matters and also by the European Court of Human Rights for issues related to human rights. The House of Lords was also bound by its own decisions as per London Tramways v London County Council [1898] AC 375 [2] until Lord Gardiner...
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...Case note by Silent Assassins State of Gujarat V Mirzapur Moti Kureshi Kassab Jannat and others Court: Hon’ble Supreme Court of India Date: 26 October 2005 Bench: R.C. Lahoti, C.J.I., B.N. Agarwal, Arun Kumar, G.P. Mathur, C.K. Thakker, P.K. Balasubramanyam, JJ and A.K. Mathur. Introduction This is a case challenging certain amendments introduced in section 5 of Bombay animal preservation act, 1954(as applicable to the state of Gujarat). It’s a public interest case based on constitutional law. The Gujarat high court struck down the said provision as ultra-vires to the constitution as opposed to the fundamental rights (article-19) and directive principle. This amendment was introduced to prevent slaughtering of animals without obtaining in writing from the competent authority appointed for the area that the animal is fit for slaughter. Facts The constitutional validity of the above said legislation, that is, the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 was put in issue by four writ petitions filed in the High Court which were heard and disposed of by a common judgment dated April 16, 1998. Two of the writ petitions were filed by individuals who were butchers by profession, and are known as Kureshis. Two writ petitions were filed by the representative bodies of Kureshis. The High Court allowed the writ petitions and struck down the impugned legislation as ultra vires the Constitution. The High Court held that the Amendment...
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... Coursework In Elements of English Law Student registration No: 101019 Introduction This is a precedent from an earlier case, which must be followed even if the judge in the later case does not agree with the legal reasoning. A binding precedent is only created when the facts of the second case are sufficiently similar to the original case and the decisions was made by a court which is senior too, or in some cases the same level as, the court hearing the later case. Precedent that must be applied or followed is known as blinding precedent (alternately metaphorically precedent, mandatory or binding authority, etc.). Under the doctrine of stare decisis, a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under the territory of a regional appeals court. All appellate courts fall under a highest court (sometimes but not always called a "supreme court"). There are 3 principles: • Ratio decidendi • System of law reporting • Court hierarchy Ratio decidendi: The Role of Ratio Decidendi in Judicial Precedent Ratio decidendi plays a very important role in judicial precedent as it is the legal principle underlying...
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...In the English legal system the doctrine of Precedent is based on the Latin maxim Stare decisis. Stare decisis is translated as “to stand by what has been decided and do not unsettle the established”.It is used to support fairness and to provide certainty in the law(Martin, J. 2013).Precedent can only function when the legal reasons of previous cases are known. When a judgment is being announced at the end of a case, a speech is given. This speech includes the reasons behind the decision, a summary of the facts in the case and an explanation of the principles of law the Judge has used to come to the decision he/she has made. The principles are an essential part of the judgment and they are called Ratio decidendi(Martin, J. 2013). The remainder of the judgment being given is called Obiter dicta which translates as “other things said”. A judge will sometimes speculate and use a hypothetical situation had the facts of the current case been different. He uses this to provide legal reasoning which maybe considered in future cases(Martin, J. 2013). An example of Ratio decidendi and Obiter dicta can be found in the in the trial of R v Howe(1987) where the defendant was pleading the pledge of duress. The Ratio decidendi in this case was that the defendant was charged and his plea of duress was dismissed as duress could not be a defence to a charge of murder. The Obiter dicta was even though the victim had not been murdered the plea would have been dismissed as the plea would not...
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...Legal Literacy Jancie Coote October 17, 2014 Student id # 3140525 1. Does the rule of stare decisis apply to findings of fact by a court? Explain why or why not. Which section has the answer to this question? Section XVI –Authority of Judicial Decisions: Rule of Stare Decisis 1-General XVI.1 – 1074 Stare decisis does not apply to findings of fact by court. While decisions rendered from higher or equally authority courts are binding to similar cases there are no two cases that are identical in their facts and findings. It is almost impossible to have two identical cases based on the same facts, therefore stare decisis cannot apply here. 2. What section number has an explanation of how decisions of United States courts are considered in Canada under the principles of stare decisis and precedent? Are they ignored? Explain why or why not. Section XVI –Authority of Judicial Decisions: Rule of Stare Decisis 4-Effect of Decisions in the United States XVI.1 – 1095 When Canadian Statues are similar to United States Statues they can provide assistance in interpretation. Canadians do not ignore decisions made in the United States especially when there is nothing comparable in Canadian Legislation. Just because a decision is rendered in another country it cannot be ignored, further, it would be unwise if the were similar in nature. 3. If a court gives two different good reasons for its decision is one of them obiter dicta? Explain...
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...NATIONAL UNIVERSITY «ODESSA LAW ACADEMY» Department of International Law and International Relations TERM PAPER In Legal Philosophy on topic: «Judicial Precedent» By the 1st year student of the 1st group Of the Faculty of International Legal Relations Supervisor: Prof. National scale ___________ Number of points ______ Assessment ECTS _______ Commission members: ___________ _______________________ ___________ _______________________ ___________ _______________________ ODESSA 2014 THEME: Judicial Precedent PLAN INTRODUCTION …………………………………..…………………………… 3CHAPTER 1. Judicial Precedent: generals 1.1. Definition of judicial precedent ………………………………….…... 51.2. The doctrine of stare decisis ……..………………………….……..… 61.3. Ratio decidendi and Obiter dictum …..………………………….....… 7CHAPTER 2. Types of precedent2.1. Verticality ……………………………………………………………. 102.2. Horizontality ………………………………………………………… 112.3. Binding precedent …………………………………………….……... 122.4. Persuasive precedent ………………………………………………… 15 CHAPTER 3. Avoiding precedent 3.1. Distinguishing …………………..……………………………………. 19 3.2. Overruling ……………………………………………………………. 19 3.3. Reversing ……………………………………………………………... 20 3.4. Per incuriam…………………………………………………………… 20 CONCLUSION …………………………………………………………………... 22LITERATURE …………………………………………………………………... 25 | INTRODUCTION At the present stage of development of Ukraine in the framework of the democratic process, there are the emergence...
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...STARE DECISIS. Formerly, the courts applies earning capacity in fashioning child support awards in limited situations where the record demonstrated that the parent was shirking parental responsibilities by refusing to accept or seek gainful employment. Philbin v. Philbin 19 Cal.App. 3d 115, 96 Cal.Rptr. 408 (1971) With enactment of the Agnos Child Support Standards Act of 1984, the Legislature observed , in former Civil Code section 4720 (a), California has no single standard to promote equitable, adequate child support awards. The current method of setting child support awards has led a substantial variation in these awards among families with similar circumstances and resources. Also, part of the 1984 Agnos Child Support Standards Act was the addition of the language “ the court shall also consider, to the extent consistent with the best interest of the child or children, the earning capacity of either or both parents. To break the complexity of the word earning capacity, in In re Marriage of Regnery, 214 Cal.App. 3d 1367, Cal.Rptr. (1989), the Regnery court announced a three-prong test before the capacity to earn standard may be applied. Capacity to earn composed of (1) ability to work, (2) willingness to work and (3) opportunity to work. However, Appellate courts have encountered that danger and complexity of earning capacity after the case of Regnery. After such complexity, the court recognized that the second element, willingness to work, should be taken for granted...
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...I think that if a state (i.e. country) signs a treaty, then they should enforce that treaty as unified state law. I don’t see a Tenth Amendment issue. I think the Tenth Amendment has no bearing on Congress’s ability to legislate in furtherance of the Treaty Power in Article II, § 2 of the Constitution. Congress has the authority to enact treaty-implementing legislation under the Necessary and Proper Clause, and the fact that they have chosen to codify the Chemical Weapons Convention does not pose a threat to national sovereignty or the principles of federalism. In my opinion, I believe the Supreme Court should honor the notion of stare decisis and uphold Missouri v. Holland. At first, I laughed when I read that Bond argues she used the chemicals for a “peaceful purpose.” But looking at the lower court’s opinion, her argument does not seem to be substantive, but rather procedural. From a substantive stand point, there is no logical way that Bond can argue she attempted to use the weapons “peacefully.” In terms of jurisdiction however, her argument makes slightly more sense. As the lower court noted: “Bond argues that, by looking to the ‘peaceful purpose’ exception, we can employ a ‘common sense interpretation of § 229’ that avoids ‘mak[ing] every malicious use of a household chemical’ — including her own — a federal offense. All we need do is ‘interpret the statute . . . to reach [only the kind of acts] that would violate the Convention if undertaken by a signatory state.’ In...
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...Week 1 Trevor Castleman Bethel University MOD450 Prof. Huss 1/22/15 Enron 1) It is in no way possible to reconcile Kenneth Lay’s statements in regards to Enron’s values and visions with the actual practices of Enron. Executive from the company used the company profits as personal funds. (p.11) It is impossible for Lay to truly believe that the company was in ethical operation as he was aware that Enron was using monumental amounts of credit to keep the company looking profitable.(P.11) Lay should have withheld legal operation and not allowed the company to be used as a person asset by corporate executives. 2) The way bonus’ are structured speak in great volume about a company when set up unethically. The way Enron’s bonus’ were structured so that employees were more concerned with the stock price than the state of the business. To the point that a dropping stock price was so unacceptable that employees were willing to lie, cheat, and steal to keep it on the rise. This meant defrauding investors and eventually collapsing a once profitable and respectable company. This system of a bonus is very corrupting. 3) Technical compliance with the law and ethical obligation are two completely different topics. When looking at the law it never seems to fail that there is some sort of loop hole. It is possible to completely comply with the law yet mislead and lose complete trust of stockholders due to failing to act ethically.(P.11-12) It is not only unacceptable...
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...The doctrine of stare decisis Malaysia is one of the countries that apply English common law system in legal system even after independence. Common law system originated in England use the doctrine of stare decisis in the jurisdictions. Doctrine of stare decisis is a Latin legal term, used in common law to express the notion that prior court decisions must be recognized as precedents, according to case law. Doctrine of stare decisis uses evolving bodies of case precedents and judicial decisions in jurisdictions. More fully, the legal term is "stare decisis et non quieta movere" meaning "stand by decisions and do not move that which is quiet. Stand by the decisions means to stand by what have been decided and the lower court are bound to followed the example of previous cases and judicial decisions of higher court where the material facts of the cases are the same and lower court are not allowed to overruled the decisions or make its own decision. Do not move means the doctrine of stare decisis is rigid and strict application. Lower court must follow the prior decisions of a higher court and lower courts are bound to do so, whether or not the judge in the subsequent case agrees with the precedents in questions. Application of doctrine stare decisis in Malaysia In Malaysia legal system, hierarchy of the court are divided into two; superior court and subordinate court. Federal court, court of appeal and high courts are the superior court and session’s courts, magistrate court...
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...Precedent and the Court Structure The law in the UK is made up of primarily two sources: statute and precedent. Although judges are required to apply statute - interpretation of statute follows common law principles including precedents. Precedents are a concept in common law (England and Wales and other English speaking countries – US, Canada (except Quebec), Gibralter, Hong Kong etc) whereby a previous case if similar (in facts) is used to provide a consistent basis for decisions. Precedents are "binding" on a lower court that is to say they must be followed by a lower court if the decision was made by a higher court. They should also be followed by that court itself. The Latin term Stare Decisis (to maintain what has already been decided) is used to define this. When a judgement is handed down by a judge it is in two parts 1. the ratio decidendi (the reason why) and 2. the orbita dictum (said by the way). The ratio decidendi is binding. The orbita dictum can be cited as persuasive but is not binding. Similarly a lower courts decision can be persuasive to a higher court but is not binding. The general concepts of the above are referred to as "case law" and help to develop and modify the law. Subsequently a great part of the work of a lawyer in a trial is to show how the facts of the particular case differ or resemble other cases to make their points of law in front of the court. In civil law precedent is not followed in the same way and judges theoretically use...
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