ARE 18 - ARE 18 1 Common Law=Case Law Precedents...

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ARE 18 1. Common Law=Case Law Precedents Brown/row/gideom a. Based on the English legal system i. Few countries use this system like England does ii. However, colonies of England adopted legal system like India as well as the train system. b. Def: court will try and reach a decision by looking at what other courts have done in the past when they have looked at similar problems/fact patterns/issues. i. Past cases that are used are called Precedents to establish how they will handle the controversy 1. Supreme court makes a 70-120 page decision and 200-300 cases including all other cases that have used the precedents. 2. Precedents a. Ex. Brown V Board of Edu i. Separate but equal education facilities are unconstitutional ii. Ex. Davis decides to separate schools racially, people sue, judge would only have to be a 10 pages because of the precedent of brown vs. board of edu. iii. Earl Warren court (former R gov of CA) decided the case 1. at first it was 6-3 vote, Warren delayed decision because it wasn’t strong enough. b. Ex. Roe vs. Wade- prevents the government from intervening with abortion within first six months c. Ex. Gideon- est requirement of legal representation. d. 3. Stare Decisis – used by every court in every case. the doctrine that rules or principles of law on which a court rested a previous decision are  authoritative in all future cases in which the facts are substantially the same.  a. Def- to stand upon past decisions aka the decision stands. i. Brown V Board was one of the few times that Stare Decisis wasn’t used from Plessy V Furgison. b. 3 things i. stable 1. bc the courts have a strong predisposition what they want to do and be consistent. Unless overwhelmingly convinced for a need of change. ii. Predictable - somewhat 1. legal scholars can look at members of the supreme court and make predictions of what the court will do by looking on the past voting of other previous similar cases. 2. Not 100% predictable though. 3. Ex. Affirmative action case- kleeburg said it was a 5-4 decision, but only correct on 8 of 9 justices, but it threw the
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vote. Sandra Day O’Connor was the hardest to predict, now it is Anthony Kennedy. iii. Resistant to change 1. standing on past decisions says the court wants to resist change. 2. Supreme court has only reversed a few times. Shortest time period was 16 years. 3. supreme court is like a glacier- short view, it doesn’t look like it does much but over time it has done a lot to change the environment. 4. Contracts “k”- General Def (w/exceptions)- an agreement between 2 or more parties in writing or oral (perfectly valid except with real estate) i. While oral contracts are generally valid, they are mistakes. It’s a battle of reputations. ii.
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ARE 18 - ARE 18 1 Common Law=Case Law Precedents...

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