Purchase Solution

Term for adhering to past court decisions and its importance

Not what you're looking for?

Ask Custom Question

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?

Purchase this Solution
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 ...

Purchase this Solution
Free BrainMass Quizzes
IPOs

This Quiz is compiled of questions that pertain to IPOs (Initial Public Offerings)

Learning Lean

This quiz will help you understand the basic concepts of Lean.

Transformational Leadership

This quiz covers the topic of transformational leadership. Specifically, this quiz covers the theories proposed by James MacGregor Burns and Bernard Bass. Students familiar with transformational leadership should easily be able to answer the questions detailed below.

Production and cost theory

Understanding production and cost phenomena will permit firms to make wise decisions concerning output volume.

Employee Orientation

Test your knowledge of employee orientation with this fun and informative quiz. This quiz is meant for beginner and advanced students as well as professionals already working in the HR field.

View More Free Quizzes
Related BrainMass Solutions

  • Adhering to Forensic Psychology Ethical Guidelines

    For prisoners for example, as longs as the court has determined the importance of a prisoner's participation to a test, or an interview or an activity conducted by the practitioner, the will and consent of the prisoner is not necessary.

  • The Court and case law in reference to constitution

    ideology while citing that their reasoning is for the purpose of adhering to the constitutions original intent.

  • Definition of Self-Objectivity

    This solution defines self-objectivity and describes its' importance to leadership.

  • ethics in the global business environment

    The article summarizes the importance and necessity of adhering to standardized ethical practices by a global firm operating in multiple locations across the world.

  • Importance of Making a Personal Directive

    If you do not have a Personal Directive, your family must apply to the court and REQUEST permission from a judge to allow them to make decisions for you.

  • Modigliani-Miller, distributions, payout policy, planning, forecasting

    Discuss the different ways in which a corporation can distribute cash to its shareholders. Elaborate on signaling with payout policy. Discuss the importance and goals of long-term financial planning.

  • Commerce clause and spending clause

    What are a few cases that are landmark commerce clause decisions that vividly demonstrate the ingenuity and importance of using the commerce clause as a tool for making law? Why are these cases important?

  • Business Decision Analysis

    How will your analysis of this decision help you to make better decisions in the future? 1. Describe the decision, you had and the negative consequences of the decision, and its relative importance to you as the decision maker.

  • Common law vs. civil law

    As long as the case from the past is of the same nature as the case being judged, the judgement in the past becomes relevant to the present, using its results as a source of authority.

View More Related Solutions