Question: T/F When a court decides a case before it, the doctrine of stare decisis is the general rule, but distinguishing the case on the facts

T/F

When a court decides a case before it, the doctrine of stare decisis is the general rule, but distinguishing the case on the facts or overruling existing precedent are options for the court in the right case.

Step by Step Solution

There are 3 Steps involved in it

1 Expert Approved Answer

Step: 1 Unlock blur-text-image

Question Has Been Solved by an Expert!

Get step-by-step solutions from verified subject matter experts

Step: 2 Unlock

Step: 3 Unlock

Students Have Also Explored These Related Finance Questions!

These are all T/F: 1. The Natural Law School of jurisprudence holds that an established law should only be applied if the law leads to a moral result. 2. When a court decides a case before it, the...

5/10/2016 JOHNSON v. UNITED STATES | FindLaw Not a Legal Professional? Visit our consumer site Register | LogIn CASES & CODES PRACTICE MANAGEMENT JOBS & CAREERS LEGAL NEWS Forms FindLaw Caselaw...

Unit1 1) The court's decision in Brown v. Board of Education had what effect on the decision made in Plessy v. Ferguson? a. It showed that precedent can be overruled and is not binding in every...

The Canadian Legal System In this unit, we study how laws would be promulgated and how decisions are made. As a business person, it is important to understand: The background and philosophy of the...

1. In what ways is knowing and understanding the law important to businesspersons? 2. What are the major sources of law in our legal system? Explain each. 3. What is common law and how does it work?...

Which of the following statements if false? . Substantive law rights will not be decided by a court if procedural law is not followed. B. Civil law involves disputes between private entities. c....

Assume that you are the judge in the following case. In this quiz, you will write out, in free form, your legal reasoning for deciding whether or not the grocery store in this case is liable for...

The title of a case in a state trial court is O'Neal v. Smith. a. Who is the plaintiff and who is the defendant? b. After the case is concluded in the trial court, O'Neal files an appeal.Who is the...

How does the doctrine of stare decisis help in creating stability in a legal system? Group of answer choices by ensuring that witnesses of a case will be protected by the State by ensuring that the...

Choose the FALSE statement: O While most civil (noncriminal) trials are heard before a state court, criminal trials are only heard before a federal court. OA precedent favoring the other side in a...

Let T = (V, E) be a binary tree. In Fig. 12.29 we find the subtree of T rooted at vertex p. (The dashed line coming into vertex p indicates that there is more to the tree T than what appears in the...

We classify Three Possible Long-Run Average Cost Curves for a Multiplant Firm; given the following three cost curves/ quantity, classify the type of those long-run average cost Cost per unit st Cost...

ick the correct statement related to average accounting rate of return ( AAR ) from below. Multiple Choice The average accounting rate of return considers the time value of money. The average...

Provide a general critique of the survey. Focus on overall structure and format, not specific questions. List three things that are done well and three things that are not done well. For the three...

Reflect critically on your use of literature in previous assignments. To what extent have you relied on ideas derived from other places (usually textbooks)?

Why is it important to analyse the credentials of authors that you read and cite? a To ensure only academically qualified sources are used. b In case your tutor asks you a question about your...

Which of the following is an academic database? a People Management b European Journal of Training and Development c Ingenta Connect d www.acas.org.uk