Unformatted text preview: o Problem: could not help in situations where economic remedies did not right the wrong • Equity: Branch of law dedicated to finding remedies when non are available • Restatements: summarizations of common law used by most states. Published by the American law institute o Source of analysis, but have no legal weight • Doc of Stare Decisis o Def: the practice of deciding new cases with reference to former decisions or precedents Under doc judges are obligated to follow precedents in their jurisdiction o 2 aspects: 1 decisions made by higher courts are binding to lower ones 2 courts should not overturn precedents unless there is a compelling reason to do so • Precedent: o Def: A decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts Each case is recorded in a volume called a recorder o...
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This document was uploaded on 12/12/2011.
- Fall '09