Give five reasons why a court may choose not to follow ...

[theo]

Give five reasons why a court may choose not to follow precedent.

Question 2

Ralph Dewey is an assistant superintendent in the Maple Leaf school district. Mr. Dewey's job is to award contracts for all facilities management. Dewey awarded an asbestos removal contract to his brother's firm. Discuss the ethical issues. What models could have helped Dewey in his decision-making process?

[spencer.martell]

Answer to Question 1

(1 ) Cases are factually distinguishable.
(2 ) Quality of precedent - may be from another state.
(3 ) Changes in technology - e.g., Sony case in Chapter 1.
(4 ) Moral and/or social values change - e.g., abortion.
(5 ) Changes in society's needs - e.g., searches at airports needed because of increased hijackings.

Answer to Question 2

Ralph has a conflict of interest in awarding the contract to his brother's firm.
Tests: Newspaper Test
Could I discuss this with the superintendent?
Is it balanced?