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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.
- Business Law