High Profile Case: Roe V. Wade

Decent Essays
The Stare Decisis is a practice of deciding new cases with reference to former decisions, or precedents (Cross & Miller, 2015). This doctrine values the power of precedent and denotes that precedents established by a higher court are binding for all lower courts in the same jurisdiction. Judges need to follow these precedents and once courts has set forth principle of law as being applicable to a certain sets of facts, the principles must be applied in future cases concerning similar facts. (Cross & Miller, 2015).
In this high profile case, Roe v. Wade, a class action brought by a pregnant single woman (Roe) challenging the constitutionality of the Texas laws that prohibited abortion unless the women’s live was in danger.
This case was decided

Related Documents

  • Decent Essays

    Define the following 25 legal terms: 1.HIPAA Privacy Rule _Federal regulations created to implement the privacy requirements within the administrative simplification subtitle of HIPPA of 1996 and safeguard identifiable health information. ________________________ 2.HIPAA Security Rule _Federal regulations created to implement the security requirements within the administrative simplification subtitle of the HIPPA 1996 ________________________ 3.Medical malpractice __A type of action in which the plaintiff must demonstrate that a physician-patient, nurse-patient, therapist-patient, or other healthcare provider-patient relationship existed at the time of the alleged wrongful act.…

    • 629 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Norma McCorvey, a pregnant women that resided in Dallas, Texas, was the first to challenge one of the 19th Century Statutes that was still around during the 1970 's. This case become one of the most widely known court cases, Roe vs. Wade. With the use of the alias, “Jane Roe,” McCorvey sued Henry Wade, which was the Dallas County district attorney, so she could have the option of abortion (Roe vs. Wade, 2011). Texas had a ban on abortions with the exception that the pregnancy did not threaten the life of the women. Although the pregnancy had no threat to McCorvey 's life, she was considered to be a poor single women and was choosing not to bring a child into a world where she knew she could not support it. There was always the option to travel elsewhere to have the abortion with no issue, but as noted before, she was not one to have money.…

    • 718 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The encounter of Roe vs. Wade renewed a cultural divide in American history that has existed for over 150 years. There was a political, social, and religious polarization that existed between the North and South in the United States in the 1860’s, around the issue of slavery. The ruling of this court case in 1973 renewed a cultural divide in our nation and the two main political parties in our country to this day. Overturning Roe vs. Wade has become a centerpiece of the conservative movement in this country. This court case gave the women the right to chose an abortion and the platform of the Pro-life versus the Pro-choice movement.…

    • 121 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Roe Vs Wade Court Case

    • 111 Words
    • 1 Pages

    Over time, the Roe v. Wade court case affected almost every American in one way another. Before the case, there were many years of debates, protesting, and movements. Also, during these years, Norma McCorvey grew into an adult and lived through many difficulties. A third cause that led to the case was the passion that two lawyers from Texas had. An increase of abortions was the most crucial impact the case had.…

    • 111 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Roe vs. Wade Pro-Life Vs. Pro-Choice Roe was a pregnant single woman, brought a class action suit challenging the constitutionality of the Texas abortion laws. This Texas law made it a crime to have an abortion except on medical advice to save the life of the mother. This case is now formally known as Roe vs. Wade. This Texas state law was ruled unconstitutional.…

    • 796 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    They also asked the court to forbid the district attorney from prosecuting anyone else under the Texas abortion law in the future. Texas ruled in favor of Roe on the grounds that the law violated her constitutional rights to privacy. The court ruled that the 9th Amendment and the 14th Amendment of the Constitution guaranteed privacy rights that were broad enough to protect a woman's choice to have an abortion because the district court refused to forbid future prosecutions for abortion. Roe and her attorneys appealed to the US Supreme Court. Wade also appealed the decision.…

    • 617 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Lawrence V. Wade

    • 1313 Words
    • 6 Pages

    Amanda Black Exam Essays Fall Quarter 12/5/2007 Scalia explains his dissenting opinion to the overturning of Lawrence v. Texas by comparing the case to Roe v. Wade in three areas. He looks at stare decisis, fundamental rights, and legal moralism. There are three things that need to be proven before the court can overrule a decision in regards to stare decisis. 1) Its foundations have been eroded by subsequent decisions; 2) it has been subject to substantial and continuing criticism; 3) it has not induced individual or social reliance that counsels against overturning it.…

    • 1313 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The past decisions created by the courts are a legal rule known as the precedent. The stare decisis is a doctrine that compels judges to look at the precedent when making decisions. The stare decisis can be broken, if the issues no longer apply to later cases. Under the stare decisis, the courts are obligated to follow their own court rulings, the higher courts that are in the same court system, and the United States Supreme Court’s decision. However, one state is not expected to follow another states decisions.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Roe V. Wade Case

    • 1141 Words
    • 5 Pages

    Whether or not women should have the right to an abortion is an argument that is on the news a lot nowadays. This argument dates back to the early 1970s and the Roe v. Wade court case. In fact, the Roe v. Wade case is one of the most talked about supreme court cases to date. It took place in Texas, where state law only allowed abortion to save the life of the mother. “Jane Roe”, a pseudonym for the appellant, wanted to have an abortion.…

    • 1141 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    I.Introduction The topic of abortion is currently one of the most controversial issues. The 1973 supreme court ruling of Roe v. Wade allowed for women to legally obtain abortions throughout their entire pregnancy, however, conditions were put into place that allowed for states to regulate abortions during the second and third trimesters of pregnancy. The right to have an abortion is protected under the constitution’s 14th amendment which protects the basic rights of citizens. This ruling has left our country divided in half by those who are for and against abortion. Those who oppose Roe v. Wade are referred to as pro-life and those in agreement are pro-choice.…

    • 712 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Common Law And Islamic Law

    • 1494 Words
    • 6 Pages

    Stare decisis means the use of precedents when making legal decisions. This is found in common law system but not in civil and Islamic law systems (Opolot, 1980). Stare decisis allows judges to look back at past cases and make their judgment based on the outcome of the past case (Darbyshire, 2001). Stare decicis forms a precedent that is to be used from that moment forward (Opolot, 1980). In civil law system judges are not to look back at past cases to render their decisions.…

    • 1494 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    In 1973, the case Roe v. Wade made a huge impact on the future of abortion. The Supreme Court made a historic decision and sanctioned a person’s right to choose whether they want to terminate an unwelcome pregnancy. Women were since allowed to make the decision of whether they wanted an abortion during the beginning of a pregnancy. If a woman waits till a later date, there are restrictions on abortion policies. During the…

    • 2242 Words
    • 9 Pages
    Improved Essays
  • Superior Essays

    Should Judges Make Law

    • 1958 Words
    • 8 Pages

    It is based on the Latin Maxim Stare Decisis, which means to stand by the decided, but only if the facts before the judges are the same or similar. Precedent is a rigid system as a decision by a higher court in an earlier case, must be followed by a lower court in a later, similar case, so there is no scope for judicial creativity. In order for precedent to later, similar case, so there is no scope for judicial creativity. In order for precedent to operate it is necessary for there to be a court hierarchy. The decisions of the higher court bind lower courts and some of the courts are also bound by their own previous…

    • 1958 Words
    • 8 Pages
    Superior Essays
  • Great Essays

    Stare Decisis: Legal Rule

    • 1619 Words
    • 7 Pages

    Stare decisis is a doctrine or strategy of subsequent regulations or principles laid down in previous legal decisions. It is the explanation that maintains that previous decisions which are to be followed by the courts. This strategy dictates that the court must abide or adhere to decided cases. Stare decisis is a legal rule which dictates that courts cannot disrespect the standard.…

    • 1619 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Wade. This case happened in 1973, when Roe V wade ruled unconstitutional to a state law which banned abortion unless it was to save the life of the mother. It began on a lawsuit against Henry wade, which claimed that the texas law violated Roe’s constitutional rights. Roe claimed that although her life wasn’t endangered her pregnancy made it hard to travel out of state since she couldn’t afford it and she had a right to terminate her pregnancy. Although the Texas federal court ruled that the law Abortion…

    • 1632 Words
    • 7 Pages
    Improved Essays