Case Law - Essay Example

Only on StudentShare

Extract of sample
Case Law

Next to appeals court is the Supreme Court in every state jurisdiction who decides on the appeals against the decisions of the Appeals Courts. Above the State Supreme Court is the federal, i.e the U.S. Supreme Court which can hear appeals against the decisions of the State Supreme Court and the decisions of the U.S. Circuit court of Appeals.1
This paper enquires into what extent doctrine of precedent depends on the hierarchy of courts. Otherwise called stare decisis, it enjoins the lower courts to follow their superior courts' decisions in matters of law and in a way it is an implied mandate of superior courts which the lower courts are bound to follow. The idea of following the precedents is to have uniformity in decisions though not at the cost of justice. Besides, the principle of stare decisis enables stability and predictability of law's directions so that one can plan for future actions. Question arises whether the lower court (constrained court) should blindly follow the superior court's (precedent court's) dictum or situations can arise wherein the constrained court can not simply follow the precedent in a unique condition. For example the precedent court faced with facts A, B, and C decides in favour of the plaintiff. In a later case, the constrained court finds fact C is absent and hence whether it can decide for defendant. ...
Download paper


In the U.S., hierarchy of courts comprises of District Courts, Appeals Courts, and Supreme Court in both State and Federal Jurisdictions. District courts, whose main function is to make findings of facts, should follow the precedents of their higher courts namely Appeals Courts and Supreme Court…
Author : mdickens

Related Essays

Law of Contract, Case Law
Mutual assent is manifested in an offer, acceptance, and consideration. An offer is an indication by one party, offeror of a willingness to enter into a contract with another party, offered on some specific terms. A valid offer creates a power exclusively in the hands of the offeree such that all that is needed to form a contract is acceptance. If one or more of the terms are missing from the offer, a court may supply those terms. Acceptance is an unequivocal indication that the offeree agrees....
8 pages (2008 words) Essay
Controlling Case Law
It was her custom to stop home during a break in shifts but little did I know on that fateful day, that that one break would be her last. She was only 18 yrs old but well on her way to becoming an independent woman. Ultimately, the killer was convicted of 3 counts, murder, rape, and assault and sentenced to life in prison. The District Attorney asked me if I wished to request the death penalty for the animal that killed my daughter, but I realized that killing him isn't going to bring back my beautiful girl. Accordingly, I allowed the jurors to decide his destiny. I realized that some things...
5 pages (1255 words) Admission/Application Essay
Case Law: MIKE vs FF LTD
But here the rule related to the ample scope of "caveat emptor "plays an important role in impeding the purchaser in taking the action against the vendor for the disposal of defective constructions....
6 pages (1506 words) Case Study
Statutory and Case Law
The word statute typically refers to a law, e.g., The Patriot Act, passed by a state legislature or the U.S. Congress that commands, prohibits, or declares something. It is sometimes called legislation. State and federal court cases often involve statutory interpretation, and enactment of a statute may well reverse an established case law precedent. Nevertheless, it is easy to overlook the importance of statutes in law school because most law school discussions focus on case law. The tools and techniques used to research statutes are similar to those used to research federal and state...
8 pages (2008 words) Essay
Case Law
The focus of this report will be to examine the two decisions to discover the inconsistencies and assess the reasons for them. The basic issue at stake in both the cases is that of defining the extent of individual liberty and freedoms that may be exercised under the constitutional amendments to the Constitution in the context of the wider moral framework of public morality and codes of behavior....
6 pages (1506 words) Essay
Case Law
American Disability Act (ADA) “applies to disabilities that affect a major life activity, and those areas of coverage are vision, mental and motor skills, ability to care for one’s self and commute to employment”. In the case of Miss Clark, the fact that she is blind has been known to the company for a long time, as she holds the Vice-President position. Even though she is suffering from visual impairment, it did not prevent her from fulfilling her duties and responsibilities as the Vice-President of the company. However, due to her physical disability, the company refused to promote her...
6 pages (1506 words) Case Study
Got a tricky question? Receive an answer from students like you! Try us!