Professional Documents
Culture Documents
Activity - April 18, 2024 - Doctrines v2
Activity - April 18, 2024 - Doctrines v2
The Globe Doctrine emphasizes the employees' right to choose their bargaining
representative. In determining the appropriate group for collective bargaining, the
doctrine prioritizes the express will or desire of the employees. This is typically
achieved through a referendum or secret ballot, allowing them to decide which union (if
any) they want to join or form.
This doctrine promotes judicial efficiency and consistency. Once a legal issue has
been decided by a higher court in a specific case, lower courts within the same
jurisdiction must generally follow that precedent for subsequent proceedings within
the same case. It prevents endless relitigation of the same issue.
Failure to properly advise a suspect of these rights can lead to the exclusion of their
confession or statements as evidence in court.
The Plain View Doctrine allows law enforcement to seize evidence in plain view without
a warrant under specific conditions:
This principle aims to uphold fairness and impartiality. It prohibits individuals from
taking actions or holding positions where their personal interests could conflict with their
professional duties or obligations. This could involve representing both sides of a legal
dispute or using insider information for personal gain.
This principle, meaning "equal fault," applies in some situations where both parties are
involved in wrongdoing. It may bar either party from suing the other to recover damages
if their wrongdoing is of equal weight. The idea is to discourage parties from seeking
legal recourse when they themself have engaged in similar misconduct.
This principle holds one party liable for the actions of another. Common scenarios
include:
Employers being liable for the negligence of their employees while acting within
the scope of their employment.
Parents being liable for the torts (wrongful acts) committed by their minor
children.
This doctrine applies in situations where someone holds money or property for the
benefit of another (the beneficiary). The holder becomes a trustee, with a legal
obligation to manage the assets in the best interests of the beneficiary. The trust fund
doctrine ensures these assets are protected and used for their intended purpose.