CHAPTER 12 CASE LAW ANALYSIS
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CHAPTER 12 CHAPTER 12 CASE LAW CASE LAW ANALYSIS ANALYSIS KEY TERMS KEY TERMS
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CHAPTER 12 CASE LAW ANALYSIS. KEY TERMS. PRECEDENT. AN EARLIER COURT DECISION ON AN ISSUE THAT GOVERNS OR GUIDES A SUBSEQUENT COURT IN ITS DETERMINATION OF AN IDENTICAL OR SIMILAR ISSUE BASED ON IDENTICAL OR SIMILAR KEY FACTS. MANDATORY PRECEDENT. - PowerPoint PPT Presentation
Transcript of CHAPTER 12 CASE LAW ANALYSIS
CHAPTER 12 CHAPTER 12 CASE LAW CASE LAW ANALYSISANALYSIS
KEY TERMSKEY TERMS
PRECEDENTPRECEDENTAN EARLIER COURT DECISION AN EARLIER COURT DECISION
ON AN ISSUE THAT GOVERNS ON AN ISSUE THAT GOVERNS OR GUIDES A SUBSEQUENT OR GUIDES A SUBSEQUENT COURT IN ITS DETERMINATION COURT IN ITS DETERMINATION OF AN IDENTICAL OR SIMILAR OF AN IDENTICAL OR SIMILAR ISSUE BASED ON IDENTICAL ISSUE BASED ON IDENTICAL OR SIMILAR KEY FACTSOR SIMILAR KEY FACTS
MANDATORY MANDATORY PRECEDENTPRECEDENT
PRECEDENT FROM A PRECEDENT FROM A HIGHER COURT IN A HIGHER COURT IN A JURISDICTION THAT MUST JURISDICTION THAT MUST BE FOLLOWED BY THE BE FOLLOWED BY THE LOWER COURTS IN THAT LOWER COURTS IN THAT JURISDICTIONJURISDICTION
PERSUASIVE PERSUASIVE PRECEDENTPRECEDENT
PRECEDENT THAT A PRECEDENT THAT A COURT MAY LOOK TO COURT MAY LOOK TO FOR GUIDANCE WHEN FOR GUIDANCE WHEN REACHING A DECISION, REACHING A DECISION, BUT IS NOT BOUND TO BUT IS NOT BOUND TO FOLLOWFOLLOW
STARE DECISISSTARE DECISISA PRINCIPLE THAT REQUIRES A A PRINCIPLE THAT REQUIRES A
COURT TO FOLLOW A PREVIOUS COURT TO FOLLOW A PREVIOUS DECISION OF THAT COURT OR A DECISION OF THAT COURT OR A HIGHER COURT IN A JURISDICTION HIGHER COURT IN A JURISDICTION WHEN THE CURRENT DECISION WHEN THE CURRENT DECISION INVOLVES ISSUES AND FACTS INVOLVES ISSUES AND FACTS SIMILAR TO THOSE IN THE SIMILAR TO THOSE IN THE PREVIOUS DECISIONPREVIOUS DECISION
