10 - if difference is important possibly a different result great judge discretion Precedent Pros o Similar treatment o Predictability Cons o Bad

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LAW 8/31/10 Precedent Example- Former Montana speed limit o “Reasonable and prudent” Get ticket when going 90 MPH Who decided if 90 mph is reasonable and prudent? Well the judge does. o Argument 1: I was going 80. That is a fact dispute o Argument 2: 90 was reasonable and prudent. This is a law dispute. You get a jury to dicide the facts and judge makes subjective decision. What if found guilty? What if found not guilty? o 90MPH is safe says judge. Despite the facts the jury found. If this is the first case then this becomes precedent. If the judge thinks that 110 mph was reasonable too, that doesn’t matter it isn’t precedent. Precedent only applies to the exact case, you were going 90 not guilty decision, that is the precedent. Precedent Application in practice, no cases are identical if difference is unimportant, the same result
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Unformatted text preview: if difference is important, possibly a different result great judge discretion Precedent Pros o Similar treatment o Predictability Cons o Bad decisions can be repeated o Expense of maintaining records and researching old cases Must judges follow precedent? Generally yes. Unless: o Earlier decision was wrong o Facts of current situation differ (2 degress) o Times and circumstances have changed Summer 2001 “one free bite” decision o Judges are reluctant to not follow precedent Brown v. board of education Court said precedent was wrong Prior case: RR cars o You are allowed to segreagate rail road cars if there are no differences in amenities. Brown: schools Differences in schools v. RRs? What could the court have done What did the court do?...
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This note was uploaded on 09/22/2010 for the course BUSINESS 3000 at Colorado.

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10 - if difference is important possibly a different result great judge discretion Precedent Pros o Similar treatment o Predictability Cons o Bad

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