The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 1, Problem 3BS
Summary Introduction
Case Summary: The doctrine of stare decisis is one of the most followed common law in English as well as American jurisdiction.
To Explain: Meaning of stare decisis and the reason why this doctrine has been important in the development of legal traditions.
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Students have asked these similar questions
With reference to the English legal system:
a) elaborate on what is meant by common law and its advantages and disadvantages
b) identify the key characteristics of case law (how cases are decided) and explain the doctrine of prece
Does the concept of judicial interpretation of the law mean that judges can make whatever law they wish? And, how can courts remain flexible, if they are required to follow precedent?
In this chapter, we stated that the doctrine of stare
decisis "became a cornerstone of the English and
American judicial systems." What does stare decisis
mean, and why has this doctrine been so fundamental to
the development of our legal tradition? Also, what is the
name commonly given to our legal tradition, as inherited
from the English system?
Chapter 1 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
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Similar questions
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- Discuss why the legal system in the United States ensures that federal law preempts state law. What are the advantages of having one set of laws, such as federal law, above all others? Does this infringe upon the states' rights to govern their citizens? Even if the federal constitution should preempt all other laws, should federal statutes preempt state constitutions? Why/why not?arrow_forwardWhen decisions on legal issues are made by judges, they write their decisions, or setting out reasons.arrow_forwardAn example of a legal object may be : a) an idea you have for a new business venture B) a 21-year old male person C) all natural and juristic persons D) all the abovearrow_forward
- What is the purposive construction of a statute? How does it differ from the literal rule? Briefly, what are the alternatives to suing someone in court to enforce your legal rights, and why would you consider them?arrow_forwardWhat kind of comparisons would be between the structure of the state and federal court systemsarrow_forwardOne of the overriding interest in the study of healthcare law and ethics is to discover where pure legal analysis ends, and subjective judgments of constitutional principles and public policy begin. In the course of one semester, not only have we learned the substantive content and intent of healthcare law and regulation, but how ethical and normative dilemmas arise therefrom. We have seen how courts can be just and efficient in fact-finding, particularly in healthcare cases involving criminal law and torts (e.g., through our IIED workshop and jury verdict). But we have also seen how their decisions can be controversial, provoke public outrage, and raise even more unsettling ethical dilemmas in constitutional interpretation of the most basic of principles and guarantees, such as "life, liberty, and private property free speech", "due process of law", "equal protection of the laws, etc. From abortion to sterilization, from disability to surrogacy, from end-of-life to physician-assisted…arrow_forward
- Describe and critically discuss what is frustration in law using the case Taylor v Caldwell discussing in detail the outcome.arrow_forwardState any two courts in Ghana which are known as lower courts?arrow_forward1. How does a persuasive precedent differ from a binding precedent and are courts always bound by such precedents? a. What are the three main methods in which the doctrine of precedent operates within a legal system?arrow_forward
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