Essay on Blaw 200 Mid-Term 1&2 Study Guide

1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

As Privy Council held in the case of "Wagon Mound (No 1)" that a party can only be held liable for damage that was reasonably foreseeable, the defendant should not be responsible for losses that are ‘too remote’ from the breach. It is obviously that the university could foresee that Brad have to quit his job to finish the degree and also need to pay for the fees.

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).

Widget Tech Inc. is in need of update the company’s current code of ethics due to growth of the company and the changing workforce. Research has been conducted to revise the current policy and address topics that were previously

The law allows individuals or companies the use of trade secrets if they have been

The (Plaintiff) Johnny Singstealer is seeking the sum of $1 million from the (Defendant) Bobby Bandleader, for alleged copyright abuse of the song “Happy Birthday to You”. The (Plaintiff) Johnny Singstealer is the copyright holder to the said song. The (Defendant) Bobby Bandleader is a Bistro owner who performs the song in an altered version (his own words are used) to his customers on their birthdays and have been doing so for the past twenty years without obtaining any licensing or permission from the copyright holder (Plaintiff) Johnny Singstealer.

Which of the following statements concerning the severance of parties charged with a criminal offense is incorrect?

16) Harry sees an AK-47 automatic assault rifle in a gun shop window. He inquires about the price and is told that it is $2,500. Harry signs a contract promising to pay the $2,500 on Friday, taking possession of the rifle when payment is made. On Thursday, a law is enacted making the ownership, sale, or possession of an automatic rifle illegal. This contract

a. Stare decisis is the legal principle of determining points in law according to precendets set by previous legal cases with similar conditions .

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

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27). By following this doctrine of precedent, stare decisis, judges are bound to follow the ratio decidendi, the reasons given, for the rulings in previous cases from higher up in their jurisdictional hierarchy. Rulings from other jurisdictions can also be used as persuasive force and argument, as can the obiter dicta, the judges’ comments other than those given as the reason for the ruling. In this way Judge made law resolves conflict and injustice by ruling consistently with rulings made in previous, characteristically similar cases. An inconsistent approach to similar situations cannot equate to being fair, just or equitable. In this way the ALS is not biased or prejudice, is applied equally to all, and ensures that the law is based on fairness and justice.

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.

The doctrine of Judicial precedent applies the principles of stare decisis which ‘lets the decision stand’. ‘Whenever a new problem arises in law the final decision forms a rule to be followed in all similar cases, making the law more predictable’ making it easier for people to live within the law.

The doctrine of judicial precedent is based on the principle of stare decisis which means ‘to stand by what has been decided’. It is a common law principle whereby judges are bound to follow previous decisions in cases where the material facts are sufficiently similar and the earlier decision was made in a court above the current one in the court hierarchy. This doctrine of precedent is extremely strong in English law as it ensures fairness and consistency and it highlights the importance of case law in our legal system. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."