This topic contains a solution. Click here to go to the answer

Author Question: What does it mean when a court decides to distinguish a case? What will be an ideal ... (Read 44 times)

Davideckstein7

  • Hero Member
  • *****
  • Posts: 555
What does it mean when a court decides to distinguish a case?
 
  What will be an ideal response?

Question 2

What is the relationship between precedent and stare decisis?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

jessicaduplan

  • Sr. Member
  • ****
  • Posts: 337
Answer to Question 1

When a previous decision does not apply to the current facts, a court will distinguish the case, saying, in effect, that this case is different and cannot be decided by looking to past rulings. Another way of understanding what it means to distinguish a case is to think of the present set of facts as unique and never before considered by an appellate court.

Answer to Question 2

Most courts adhere to the principle of stare decisis. That is, when a court has handed down a decision on a specific set of facts or legal questions, future court decisions that involve similar facts or questions will defer to the previous decision. In short, stare decisis is simply the practice of adhering to a previous decision or precedent.




jessicaduplan

  • Sr. Member
  • ****
  • Posts: 337

 

Did you know?

According to the National Institute of Environmental Health Sciences, lung disease is the third leading killer in the United States, responsible for one in seven deaths. It is the leading cause of death among infants under the age of one year.

Did you know?

The average older adult in the United States takes five prescription drugs per day. Half of these drugs contain a sedative. Alcohol should therefore be avoided by most senior citizens because of the dangerous interactions between alcohol and sedatives.

Did you know?

Nearly 31 million adults in America have a total cholesterol level that is more than 240 mg per dL.

Did you know?

The average adult has about 21 square feet of skin.

Did you know?

More than 50% of American adults have oral herpes, which is commonly known as "cold sores" or "fever blisters." The herpes virus can be active on the skin surface without showing any signs or causing any symptoms.

For a complete list of videos, visit our video library