Stare Decisis
Legal Precedent and the Legal System
The principle of stare decisis is a legal principle that suggests that courts rule consistently with case precedent or cases that have been previously decided. The doctrine originated from the comm Continue Reading...
Stare decisis, from the Latin meaning "to stand by that which is decided," is a judicial doctrine, which provides that precedent decisions are to be followed by the courts ('Lectric). The doctrine of stare decisis has developed in common-law legal sy Continue Reading...
U.S. Courts
Until Bob Woodward wrote his book, The Bretheren: Inside the Supreme Court (Woodward, 1996), the inner workings of the United States Supreme Court were considered off-limits. For nearly two hundred years no one had the courage to investi Continue Reading...
But what about Bush v. Gore? Can this case be considered as anything more than a national embarrassment and one that, on its own, created a precedent for the alleged electioneering abused four years later?
Bartley contends that Bush v. Gore was a Continue Reading...
It also illustrates how many of the same human rights that the U.S. Supreme Court has interpreted and applied are protected by others in a similar way." (Youm, 2007)
It is noted that Louis Henkin stated of the U.S. constitutional system and interna Continue Reading...
Law in Resolving Disputes among Private Citizens
Today, the common law as understood in the United States means the body of rules and principles that have been established over the centuries through countless judicial decisions that set precedents Continue Reading...
Tribe refers to what Ronald Dworkin says later in the book. Dworkin holds that everyone is an originalist now but that they are not seeking what the lawmakers expected but what they meant to say in their law, suggesting perhaps that they may not be Continue Reading...
The pro-life sections were deeply disappointed as they had considered Casey as an ideal opportunity for the Court to overturn Roe.
Legal Reaction to the Case
The legal fraternity realized that the U.S. Supreme Court was loathe to re-visit its prev Continue Reading...
Thurgood Marshall and Clarence Thomas
Ever since Clarence Thomas, a conservative, replaced Thurgood Marshall, a liberal, on the United States Supreme Court in 1991, there has been constant comparison between the two African-American justices.
Just Continue Reading...
U.S. Laws
Americans have been gathering together to make laws since the colonial times. This process is continued today in order to maintain a well-regulated society. Even though specific procedures for creating law have developed over time, democr Continue Reading...
American Government: Judicial Branch1. In order for a court to hear a case, it must have jurisdiction. What is jurisdiction? Distinguish between original jurisdiction and appellate jurisdiction.The term jurisdiction is used to refer to the legal auth Continue Reading...
Legal Research Method
The American legal system comprises trial courts, appellate courts, and supreme courts. Generally, trial courts hear cases first; appellate courts hear appeals filed by litigants who are unsuccessful at the trial court level; a Continue Reading...
Business Law
The Relationship Between Ethics & Law in Business
Business is a generic term that refers to enterprise relationships between a provider of either a good or service and the client/customer or to another business. Business transactio Continue Reading...
In principle, Dworkin argues that the truth is always knowable for any given factual circumstances; the difficulty is that the human intellect is imperfect. In the same way, there is a finite number of individual particles of sand on the earth at an Continue Reading...
cheap genomic sequencing has widespread and unforeseen cultural, political, and societal implications that have only just begun to reverberate through the human population at large. Genomic sequencing not only reveals some of the causes and connecti Continue Reading...
U.S. And Supreme Court
Contrast the U.S. Circuit Courts with the U.S. Supreme Court in terms of their authority to strike down an act of congress or of the states?
The United State Supreme Court is the highest judicial body of the U.S. The Circuit Continue Reading...
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Taft speaking for the court found that the above statute was an invasion of executive power (Myers v. United States). Therefore Myers could not get compensation.
In the case of Humpreys Executor v. U.S. The deceased plaintiff in the case also bro Continue Reading...