Stare Decisis and Precedent

Stare Decisis and Precedent - Stare Decisis and Precedent...

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Stare Decisis and Precedent Stare Decisis : A system of using legal precedent Federal Court System : 1) U.S. Court decisions: applicable in all jurisdictions 2) Circuit court decisions: applicable only in that particular circuit 3) District court decisions: applicable only in that particular district State court system 1) Trial court : intermediate court of appeals -> state supreme crt. State Supreme Court decisions can be appealed to the U.S. Supreme Court. U.S. Supreme Court decisions are final Prima Facie Case Cause of action : Right provided by law for a party to sue for remedies when that right is violated Prima facie case : Presenting evidence that fits each requirement of a cause of action Employment-at-will Concepts At-will employment : Employment relationship where there is no contractual obligation to remain in the relationship Exclusions 1) Gov’t employees 2) Employees under a collective bargaining agreement 3) Employees under ind contract w/ employer Title VII of the Civil Rights Act of 1964 Age Discrimination in Employment Act 1967 Americans w/ Disabilities Act 1990 Wrongful termination 1) Employees may seek reinstatement or compensatory and punitive damages for the any losses suffered Exceptions to the At-Will Doctrine 1) Bad faith, malicious or retaliatory termination may serve as a violation of public policy 2) Termination in breach of the implied covenant of good faith and fair dealing 3) Termination in breach of some other implied contract term 4) Termination in violation of the doctrine of promissory estoppels Violation of Public Policy Public Policy : Legal concept intended to ensure that no ind lawfully do that which has a tendency to be injurious to
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