Author Question: Does the majority believe that the doctrine of stare decisis bars a reexamination of the Sinclair ... (Read 92 times)

V@ndy87 · **on:** Jun 24, 2018

Does the majority believe that the doctrine of stare decisis bars a reexamination of the Sinclair decision handed down in 1962?

Question 2

Benry asks his girlfriend, Alina, to drive his car to the repair shop. She drives his car all rightto Las Vegas, where she hits the slots. Alina has committed
a. fraud.
b. embezzlement.
c. larceny.
d. a RICO violation.

juicepod · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

No. The doctrine of stare decisis (from the Latin phrase stare decisis et non quieta movere, which means to adhere to precedents and not unsettle things that are settled) does not bar reexamination of Sinclair. The Court quotes Mr. Justice Frankfurter, tare decisis is a principle of policy and not a mechanical formula of adherence to the latest decision, however recent and questionable, when such adherence involves collision with a prior doctrine more embracing in its scope, intrinsically sounder, and verified by experience.. The Court states that Sinclair is a significant departure from our otherwise consistent emphasis upon the congressional policy to promote the peaceful settlement of labor disputes through arbitration..

Answer to Question 2

.B