Binding Contract between Two Parties

Case law is one area of the law that is constantly developing and changing in reaction to changing perceptions and further court rulings that may supersede previous case laws (Legal dictionary - case law, 2015). Stare Decisis is a common law doctrine based on practicing law by referencing former decisions or cases (Miller, 2014).

When a legislature offers an affirmed legal code, it is then a statutory law. The process of statutory law begins with a proposed bill. Once the bill is passed by congress, it becomes a law. This new statue acts as a primary law and must the followed from then on out. Statutory law differs from common law, which is a law made a judge. "Common law is the system of deciding cases that originated in England and which was latter adopted in the U.S.. Common law is based on precedent instead of statutory laws" (Common Law & Legal Definition). Most common laws are now statues. Stare decisis or 'let the decision stand' is the root of common law. If a court has made its decision on particular case the same ruling will be applied to any similar case that follows. Stare decisis is important because it allows predictability to law. This way, things stay the same, and laws can be more easily applied in cases. However, because new problems are constantly arising, it is also important that the law remain flexible (Beatty, Samuelson, Bredeson 66).

In addition, Case Law Reasoning was used to determine the outcome. Case Law Reasoning is when courts take prior cases, also known as precedents, and apply these cases to guide in the decision making processes. This application of taking prior cases to assist in the conclusion of current cases is known as stare decisis. Because case facts often vary, several cases are usually brought up to expand and make it possible to have a factual determination. In addition, several cases are brought up because moral ideas and the acceptance of such will change over time. Having

The United States of America is a country that was founded on the idea that all citizens would have equal rights and freedoms. For the protection of the people, and to maintain order, law has been developed over time. Rights advocates are constantly pushing the boundaries of what the law should, or should not be. Individual-rights and public-order advocates are in a battle of balance, leaving the justice system to decide what the best solution is for all.

Stare decisis “to let the decision stand” operates in a pyramid-type fashion and is the doctrine that judicial decisions stand as precedent for cases arising in the future. It is a fundamental policy of our law that, except in unusual circumstances, a court’s determination on a point of law will be followed by courts of the same or lower rank in later cases presenting the same legal issue, even though different parties are involved and any years have elapsed.

* Case Law/Precedent/STARE DECISIS – Case Law is the doctrines and principles announced in cases. It governs all areas not covered by statutory law or administrative law and is part of our common law tradition. A Precedent is a decision that furnished an example of authority for deciding subsequent cases involving identical or similar legal principles or facts. For example, when a judge is making a ruling on a case, the judge may refer back to a similar case to see what the previous ruling was to keep the result similar. Stare Decisis is the practice of this process, deciding new cases with reference

Jurisdiction is import for the operation of American courts because it is the basis behind who has the authority to hear certain cases, where those cases must be heard, and. There are three types of jurisdiction that always have to present in order for a court to have power to make any decisions. They are; subject matter jurisdiction, personal jurisdiction, and geographic jurisdiction.

The three types of jurisdiction are In Rem which is the courts power to adjudicate rights of all persons with respects to a particular item of property. The second is In personum which is simply personal jurisdiction, this jurisdiction has power over the person of a particular defendant. Lastly there’s Quasi-in-Rem which is the court has power to determine whether particular individuals own specific property within the courts control. Courts can adjudicate disputes other than ownership based upon the presence of the defendant’s property in the

Personal jurisdiction refers to the ability of a court to exercise its power over a particular defendant or item of property. Personal jurisdiction may be categorized as in personam, in rem, or quasi in rem. The primary restraints on a court’s power to exercise personal jurisdiction are found in the United States Constitution, state statutes, and case law.

In modern American society, there is little thought in how and why the laws came to be. There is a natural assumption that the laws were made to protect the people and society. The law is made under the First Amendment of the Constitution of the United States which give the right to the people to seek its government for redress of any grievances. Utilizing this right, it gives rise to new laws to be enacted and old laws to be amended or repealed, in the ever developing society.

According to Author: Hon. John M. Walker, Jr., Senior Circuit Judge, United States Court of Appeals for the Second Circuit. " The American case system is based on the principle of stare decisis and the idea that like cases should be decided alike" What I take from this passage is the equal rights of decision making from both parties. The judge decide matters depending no external authority designates precedents. Most cases will fall under the stare decisis in some sense.

The last primary source of law is Case Law. Case law is laws created from former cases or existing laws (Sources of Law, 2017). Case law is rules created from court decisions. Case law, also be known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive (U.S. Case Law n.d.). An example of this law would be a civil suit. Case law is rules based on court decisions.

Jurisdiction simply refers to the authority of a court to hear a case. The two main jurisdictional barriers are the geographic location and the topical issue at hand. Geographic location simply addresses the territorial location of the case at hand. For instance, if a misdemeanor such as petty theft occurred in a Tennessee county, it would likely not be heard by a Kentucky district court because the geographical

Lower courts now have the ability to hear cases. This authority, known as jurisdiction, was granted to them by the Supreme Court. Jurisdiction also refers to the territory that a court can exercise its power. This factor also determines its other definition, the ability of a court to hear a case (Legal Information Institute, 2015). There are two components of jurisdiction, personal jurisdiction, and subject matter jurisdiction. Both elements are mandatory for a court to preside over a particular case. This essay defines the two elements giving the requirements of personal jurisdiction in a federal court and further explains the three different types of personal jurisdiction.

According to dictionary.com, jurisdiction is "the right, power, or authority to administer justice by hearing and determining controversies" (dictionary.com, n.d.). An example of jurisdiction would be the courts of limited jurisdiction which is where small cases and criminal disputes that involves small amounts of money is decided. Also, subject-matter jurisdiction and in personam jurisdiction are another type of jurisdiction. According to our textbook, subject-matter jurisdiction is "a court's power to decide the type of dispute involved in the case" (Mallory et al, 2016). In personam jurisdiction is "based on residence, location, or activities of the defendant" (Mallory et al, 2016). So, a state court would have in personam jurisdiction over a defendant who are citizens of the state, who consents to court's authority or who are within states borders when the process is served on them (Mallory et al, 2016).