Stare decisis

MARITAL RAPE IN INDIA INTRODUCTION Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent. Marital rape could be by the use of force only, a battering rape or a sadistic/obsessive rape. It is a non-consensual act of violent perversion by a husband against the wife where she is physically and sexually abused. The United Nations Population Fund estimates that more than two-thirds of…

Although the argument of Foster was well written, I find his first argument is the least persuasive. No one should be sacrificed for any reason. Sacrificing one person to save four others is not justification to kill because the number does not matter. Also, the cave is not outside the jurisdiction of Newgarth; the law applies to them because they are citizens of Newgarth, and the law may be extended to them even if they were outside the territorial borders of Newgarth (D’Amato, 2010). The…

Ishamel Jaffree lives in Mobile County, Alabama. May 28, 1982 Jaffree filed a complaint because of a daily school prayer said in his children’s school. The prayer was allowed because of an Alabama statute that allowed for a moment of silence for either prayer or silent meditation. Since 1981, Jaffree’s children did not pray and were taunted for it. Jaffree frequently asked for the school to stop. The case went to the District Court and the court decided the First Amendment establishment clause…

Initially, I felt a bit strained, I can only was listening to my classmates to asking a question and keep attention to that. At the time, I noticed he were approachable. Subsequently, I questioned about the statutory law between stare decisis, precedent or case law in actual operation. He said only the decision of the Court of Appeal is binding on the lower court. Thus, the court, where practicable, forms the "opinion of the court", that is, at least the judgment of the majority of…

VITALY TARASOFF et al., Plaintiffs and Appellants, v. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Respondents S.F. No. 23042 Supreme Court of California 17 Cal. 3d 425; 551 P.2d 334; 131 Cal. Rptr. 14; 1976 Cal. LEXIS 297; 83 A.L.R.3d 1166 Superior Court of Alameda County, No. 405694, Robert L. Bostick, Judge. Introduction The plaintiffs are the parents of the deceased Tatiana Tarasoff accused the defendants Gold,Moore, Powelson, Yandell, and the Regents of the…

commissioner Kuhn. This time, the court conceded Baseball’s antitrust exemption is an anomaly since all other professional sports are subject to the antitrust law. Despite this acknowledgement, the court ruled to uphold Baseball exemption, largely due to stare decisis, a respect for the preceding rulings. In each of these instances, Major League Baseball was somehow able to escape the Sherman Antitrust Act that tied down nearly all other…

Common law and the Doctrine of Precedence are vital parts of the Australian legal system that enforces that cases of similar nature are treated in a similar way. This principle has been present within Australian courts since the country’s colonisation in 1788, and has continued to aid courts in the decision of verdicts to the current day. Before the 13th century in England, trials for cases concerning the law were carried out through ways of feudal law, which is the notion that wealthy men…

that may come about. When there is conflict, the court system is tasked with interpreting the statutory law when it is unclear. Once courts make a decision, the ruling then becomes a guide for future, similar cases. According to the doctrine of stare decisis, meaning “stand by decided matters” in Latin, any future court case brought…

When justices on the bench of the United States Supreme Court make their respective decisions on a case, they are faced with two outcomes. The first is that they can decide to overturn a decision from a lower court, deem a federal law unconstitutional, or nullify other federal or state statute. When the Supreme Court changes previous statute or overturns a previous court decision, it is judicial activism. But when the Supreme Court decides to uphold precedent, upholding laws passed by Congress…

Interpreting the Second Amendment In the Bill of Rights, the citizens are given the privilege to own firearms for their personal protection. However, the Second Amendment seemed to take away this right by adding the concept of “organized militia.” In Columbia v. Heller, the court held that individuals could possess firearms without having to be the members of a militia. However, judge Stevens gave a dissent stating that all judgments should be made with the direction of past cases and court…