Lucky Horseshoe Law Case Study

Common law is formed on the basis that courts will make decisions based on past judgments (Letwin, 2011). Cases with similar circumstances will be ruled in the saw way. In most cases the common law will combine with statutory and constitutional law in order to make decisions. Common law bases on the fact that court cases will be primarily ruled on precedent (Aspen Publishers, 2010). The common law is crucial to understanding almost all important

in many of the previous court cases, the rulings have been linked to a Case Law that was made in

A court is a way for society to formally punish wrongdoers or criminals and make decisions. Courts determine behaviors based on society beliefs on what is acceptable behavior and which behavior is not and deserves punishment. Courts also decide on what is fair, just, punishment, how long to enforce a punishment, and innocents. Courts interrupt laws that can have impact on citizens, businesses, private parties, government officials, and many more. The purpose of the court is to upholding the law, protecting individuals, resolving disputes and reinforcing social norms. There are three elements to be considered a court in America. The first is the court must have the proper legal authority to be a court. This is given by constitutions or statues that have been created. The second is courts are found in the judicial branch. There are some exceptions to this but for the most part all courts will fall under the judicial branch. The third is when a court makes a

In legal models, the judge makes a decision based on facts and laws without considering how the decision may impact public policies. They may also utilize previous cases that have similarities to the current case in order to make a decision. This is useful because they may interpret the Constitution from different points of views of other justices or judges which had to make a decision on a past similar case (Video Engager). The only downside to this model is the fact that judges make decisions without

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

It would be impractical for judges to not make law in some situations as both parties in the case would not want the judge to refuse to deal with the case and they would want the matter decided. ‘Judicial decisions are important as a source of law on matters where the government is

The U.S. Supreme Court is the ultimate authority in the American legal system and is the central institution that coordinates laws that affect the American society every day. The Supreme Court has issued verdicts on issues that involves the rights of citizens, including those of women, minorities, elderly, disabled, gays, young people, and many others. These changes have had both positive and adverse outcomes that ostensibly improve the status of the American people and defining the rights of lawbreakers. The Supreme Court rulings have had a profound influence on the actions of citizens and the political direction of this country.

When it comes to policymaking, the Supreme Court decides if laws are constitutional. Actions undertaken by the other branches of government recieve judgement through the power of judicial review. Ideology and judicial philosophies play an important role in judicial decision making, which in the end both informs and influences policy. Judicial decision making can be complex in ways that give certain weight toward factors dependent on the approach that justices take on the interpretation of specific laws and the Constitution.

It is definitely accurate to say that the dramatic changes that have resulted from many court cases is the primary influence of how our society has molded into today.

Legal cases are generally decided upon when a judge applies the law to the facts of the case; however, the Constitution is ambiguous which means it can be comprehended differently. The way the Constitution is translated in today 's society and applied to modern laws is a responsibility that the Supreme Court justices must uptake. Many factors are believed to play a role in how exactly justices finalize and make their decision, which is why political sciences created three different models of judicial decision making. The legal model, attitudinal model, and strategic model help us grasp a better understanding of what may influence the decision making process. As stated earlier, some decisions are based on the law being applied to the facts, and this decision process is explained in the legal model. The legal model also expresses how justices, in addition to using facts and the law, can use information from previous and almost equivalent cases helping them determine their decisions. Unlike the legal model, the attitudinal model explains how justice’s policy preferences can influence their decision. This model shows how legal text of the Constitution could possibly be ignored, and instead the justices’ own opinions, just like politicians, would guide them through the decision making process. According to Unit 8 Video Engager, it is believed that the justices may take this approach due to the fact that they are entitled to a

Police involvement was necessary since security was unable to assist that night; security services are complementary since the guard must service all three of Ms. Miner’s complexes, thus encouraging the use of police with emergency situations. Ms. Miner was uneasy when she learned about the assault and personally emailed the Plaintiff to inquire about her condition and to clarify that damages to the unit be repaired. Yet, Plaintiff responded by placing the blame on her ex-boyfriend for the damage, claiming that he wasn’t a guest (Exhibit 7); nonetheless, Plaintiff reluctantly paid $2500 for repair costs

The judicial branch plays many roles in interpreting the constitution and implementing public policy. As first order, the judicial branch has gain the powers, over the years, to declare laws passed by Congress unconstitutional and pledge them to be null and void. Judges from courts usually are strict constructionist, or they depend solely on personal ideology. If they do not base their court cases off of personal ideology, then they use previous cases which have occurred before. Judges try and find cases previous to those brought up and connect them in a special way. The connection allows them to have similar rulings. Doing so is called stare decisis. This ultimately allows them to refer back to old cases and their rulings, or establish a new

The U.S. Government could use the Commerce Clause against the restaurant to correct the situation. In 1964 the Civil Rights Act was passed, which prevented discrimination against African-Americans. The restaurant was discriminating African-Americans by only allowing them to take their food to go and not being allowed to eat inside the restaurant. Prior to the 1964 Civil Rights Act nothing could have been done as it was left up to the states to deal with these types of issues. Now his type of issue would fall under an Equal Protection violation. The Commerce allows the federal civil rights legislation to regulate restaurants. Because the restaurant was not treating their customers equally the federal government could press charges against

Judicial precedent refers to the sources of law where past decisions made by judges create law for future judges to follow. An example would be the Donoghue vs Stevenson case, where Stevenson had bought ginger beer, and Donoghue had drank it after their been a decomposed snail in it, however their was no charge because she was not in a contract with

The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant