Sports Law - Breahna Karmann HSES 384 Sports Law 5 Sept...

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Breahna Karmann HSES 384 Sports Law 5 Sept 2015 A Binding precedent is the decisions of higher courts that establish the rule of law to be followed in similar cases in lower courts within the same jurisdiction. Persuasive precedent are cases that a court may use but it not required to followed when deciding its cases. So a persuasive precedent is not written as a law and reasoning can persuade the outcome but binding precedent is the law so it must be used for the outcome. An Example of a binding precedent would be the O.J. Simpson case where he was accused of murdering two people. A civil court found him legally responsible for their deaths but he was found not guilty by the criminal courts. An example of persuasive precedent would be R v R, the defendant was living apart from his wife so he forced himself into her parent’s house and raped her. He was found guilty of rape and the judge followed a
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Unformatted text preview: precedent that was previously set by a lower court. One example of how the difference could be applied to my job as a sports agent would be the simple fact that sports don’t always follow the law but they use reasoning. Another example would be if I had an athlete that got suspended for drug abuse but there was no physical proof, they may use a persuasive precedent to prove he shouldn’t play rather than using the actual law, or a binding precedent. A final example would be if I was representing an athlete and he was being trialed for murder, they’re going to use a binding precedent to convict him rather than a persuasive precedent. Lower courts would have to follow what the higher courts say about the case and use the actual law rather than using persuasion as a method if he was guilty or not....
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