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Author Question: What does it mean when a court decides to distinguish a case? What will be an ideal ... (Read 45 times)

Davideckstein7

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on: Aug 17, 2018
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?


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jessicaduplan

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Reply #1 on: Aug 17, 2018
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.


Davideckstein7

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Reply #2 on: Aug 17, 2018
Thank you!


jessicaduplan

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Reply #3 on: Aug 17, 2018
Always glad to help...


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