Precedent

legitimacy and authority of a criminal court proceeding, and also contradicts the precedent established in various courts that…

TASK 0NE BY SAM; Judicial precedent is quite a broad doctrine in the English legal system, means a fundamental legal principle or decision made in a higher or lower court in hierarchy, the decisions made may usually influence the future occurrences by either becoming binding or persuasive precedents. The doctrine is highly influenced by three Latin legal terminologies which are; obiter Dicta, ratio decided and stare decisis. In the persuasive precedent where court is not obliged to adhere to…

on the question of what constitutes a public use. By comparing precedent, Justice Stevens of the majority found that New London's plan served the “valid public purpose of economic development, including new jobs and increased tax revenues." (Kelo v. City of New London, Majority Opinion, 13). Justice Stevens emphasized that the Court could not distinguish economic development from the way that the Court defined public use in its precedent because the Court maintained a broad understanding of…

Scots law is a legal system which includes elements of civil law and common law. Scots law is based on several sources of law: the legislation or statute law, a written enactment of legal rules passed by the Parliament; the common law: judicial precedent, institutional writings and custom. Legislation is the primary source of Scots law and it is decided and approved by the parliamentary will. There are three sources of legislation binding in Scots law: - European legislation - UK legislation -…

The “Great Experiment in Democracy” is what the United States of America is often referred to as. From its beginning the United States has been a nation governed by and for the people, becoming the first nation to have the people tell the government what it can do, not vise-versa. What is considered to be among the greatest of feats is what former President Ronald Reagan believed was so special about the orderly transfer of constitutional authority being nothing less than a miracle in the eyes…

decision on Plessy v. Ferguson to 'the field of public education'." This means that the Court thought that it was wrong to separate schools by race and call them equal, because if everyone was equal they wouldn't be separated. This allowed for the precedent to be made that anyone segregating a race would doing wrong on the Constitution. The decision on this case affected the decision on the Plessy v. Ferguson case by saying the case did in fact contradict the Fourteenth Amendment and no one is…

Is the notion of legal precedent molded by local interests? Barbara Yngvesson, in her essay entitled Inventing Law in Local Settings: Rethinking Popular Legal Culture, asserts that the foundation of justice and communal identity rests with the American court system. Though all members of the judiciary body remain “unbiased,” this idea suggests an overpowering force behind local petitions which are, thus, used as vehicles to deliver justice and identity. Linda Greenhouse, author of Becoming…

constitutionality of Congress being able to regulate recreational marijuana under the Controlled Substance Act of 1970, as well as the use of the Commerce Clause, is something that the court system needs to intensely scrutinize. Looking back at the precedents that have been set throughout the history of the Supreme Court, such as “Wickard V. Filburn (1942),” “Gonzalez V. Raich (2005),” “Gibbons V. Ogden (1824),” among others is a great way to gain a…

The term stare decisis means, “Let the decision stand”, or in other words a doctrine that establishes precedent. For once a legal issue is settled, stare decisis suggests that any following cases presenting the same question shall follow the preceding ruling of the case that set the initial precedent. Honoring stare decisis provides the Supreme Court greater legitimacy because it maintains the, “fundamental principle of jurisprudence that promotes certainty in the law and uniformity in the…

In Federalist 78, Alexander Hamilton stated, “No legislative act, therefore, to the Constitution, can be valid.” The framers established the Constitution in Article VI Clause 2 to be the “supreme Law of the Land.” No other bill or statute can contradict with the Constitution. Through judicial review, the Supreme Court can compare a bill passed by Congress with the Constitution itself to decide if it is Constitutional. If the act is not in accordance with the Constitution, the Supreme Court has…