Explore BrainMass

Explore BrainMass

    Term for adhering to past court decisions and its importance

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    1. What is the legal term for adhering to past court decisions and why is it important?

    2. When do federal courts and state courts both have jurisdiction over an issue?

    3. What is meant by "proximate cause"?

    4. Which subject matter may be patented?

    5. Under what type of contract do both parties have the option to avoid their contractual obligations?

    6. What elements must the plaintiff prove in order to be successful in a negligence lawsuit?

    7. Which doctrine in contract law allows minors to cancel most contracts they have with adults?

    8. What two elements make up an "agency by ratification"?

    9. Under the Revised Model Business Corporation Act, what must be included in a corporation's articles of incorporation?

    10. Which tort is committed if there is a threat of immediate harm or contact, or an action that arouses reasonable apprehension of immediate harm?

    © BrainMass Inc. brainmass.com October 1, 2020, 10:08 pm ad1c9bdddf

    Solution Preview

    1. Stare Decisis is important because in the United States we have common law which is made up of judge made law. These laws, made by judges to apply to facts in different cases, should be followed consistently to uphold a uniform process of punishment in the courts. http://www.nolo.com/definition.cfm/Term/B736961F-D9A2-4F2B-851171321592094E/alpha/S/

    2. State and Federal jurisdiction exists simultaneously a long as federal law applies and Congress does not explicitly make federal jurisdiction exclusive. State courts also have federal jurisdiction over matters when statute allows such jurisdiction.

    3. Proximate cause is an act that leads to injury due to the act in a natural and uninterrupted way. If the act was not performed, the injury would not have happened. It happens as not a direct result of the act but as a result of that act.

    4. A useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may be ...