Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
10th Edition
ISBN: 9781337374835
Author: CROSS
Publisher: CENGAGE L
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Chapter 1, Problem 1BS
Summary Introduction
Case Summary: A county court in state Illinois is hearing a case on the issue which has not been addressed in the state court before. However, the judgement on the similar factual case was given by the Supreme court of State Iowa.
To Explain: The obligation of Illinois court to follow the decision of the Iowa Supreme Court in the similar case.
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1-1 Binding versus Persuasive Authority. A county court in Illinois is deciding a case inovlving an issue that has never been addressed before in that state's court. The Iowa Supreme Court, however, recently decided a case involving a very similar fact pattern. Is the Illinois court obligated to follow the Iowa Supreme Court decision on the issue? If the United States Supreme Court had decided a similar case, would that decision be binding on the Illinois court? Explain ( See The Common Law Tradition.)
What is the National Conference of Commissioners on Uniform State Laws?
A group of experts who develop laws for states to adopt so that laws on specific subjects will be the same from state to state
An organization made up of representatives from the legislatures in each state that negotiates changes to state laws intended to standardize state laws
A committee of the U.S. Congress whose purpose is to propose how differences in state laws can be resolved
A committee of the American Bar Association whose purpose is to recommend to the U.S. Congress how differences in state laws can be eliminated
What is the legal concept that rulings made by the highest courts must be followed by lower courts in future cases?
Civil law
Model laws
Stare decisis
Restatement of the law
Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true?
If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted.
Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway.
If the plaintiff meets a "clear and convincing" burden of proof, Casey will be found guilty.
The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
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Bundle: The Legal Environment Of Business: Text And Cases, 10th + Mindtap Business Law, 1 Term (6 Months) Printed Access Card
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