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9 Cards in this Set
- Front
- Back
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What is stare decisis?
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feature of decisional law in common law systems that is most important in premitting orderly change
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What are the 3 steps to applying stare decisis?
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1. finding an earlier case
2. deriving a rule 3. applying that rule to case at hand |
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Wat are the methods to ensuring predictability?
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1. statutes
2. administrative rules 3. court decisions |
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adaptability
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stare decisis allows laws to change
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Wat are the methods to ensuring adaptablility?
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1. courts have broad discretion in selecting precedent
2. courts may choose what facts to stress and which to ignore 3. interpretation broadly or narrow 4. courts may distinguish the precedent case 5. appellate courts may overrule a precedent case |
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natural law
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believing that a higher set of laws override the ones put in place by political institutions
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sociological jurisprudence
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law needs to change and keep pace with the evolution of society. each case and legal decisions is viewed as a piece of a much bigger puzzle
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legal realism
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law in action. law must be considered in light of its day to day application. suggest that decision makers mask the true basis for their decision behind rhetoric of law. believe that decisions come from biases and moods of decision makers than formal legal rules
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adversary system
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ultimate truth and justice will prevail if each party to a legal dispute is represented by legal counsel
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