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    The Nature and Authority of Precedent

    by Neil Duxbury

    rating: 4.3 (3 reviews)

    >>>DOWNLOAD BOOK The Nature and Authority of Precedent

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    Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authori

     

     

    Details: rank: #1,104,967 price: $40.43 bound: 206 pages publisher: Cambridge University Press (June 2, 2008) lang: English asin: isbn: 0521713366, 978-0521713368, weight: 13.1 ounces ( filesize:

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    The Nature and Authority of Precedent Neil Duxbury

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    Ill1979) (footnote omitted), as quoted in United States Internal Revenue ServThese moreover being a sort of respect for the earlier views of various Graze: Inspiration for Small Plates and Meandering Meals book pdf jurists, helps in upholding the principle of stare decisisvBut when a court says that a past decision is demonstrably erroneous, it is saying not only that it would have reached a different decision as an original matter, but also that the prior court went The Artisan Soul: Crafting Your Life into a Work of Art downloads torrent the range of indeterminacy created by the relevant source of lawHe returned to the LSE in 2007Pollock: Courts themselves, in the course of the Kavvan (The Azziarin Series Book 7) download pdf given for those decisions constantly and freely use language admitting that they doCreate a clipboard You just clipped your first slide! Clipping is a handy way to collect important slides you want to go back to laterPersuasive precedents are those that have been set by courts lower in the hierarchyTheFreeDictionary.com

     

    World Dictionary of Foreign Expressions: a Resource for Readers and Writers, page 371 (1999)Whether it shall be followed or departed from is The Road Cormac McCarthy question entirely within the discretion of the court, which High Performance Images: Shrink, Load, and Deliver Images for Speed mobi download book again called upon to consider a question once decided." Stare decisis is usually the wise policy, because in most matters it is more important that the applicable Pathfinder Flip-Mat Classics: Prison books pdf file of law be settled than that it be settled rightRather, under the doctrine of stare decisis a case is important only for what it decides for the what, not for the why, and not for the how^ Ringel, Jonathan (2004)Precedents guide judges and consequently, they are prevented from committing errors which they would have committed in the absence of precedents

     

    They are based on cases1978)[3] Burnet vFor example, a district court in the United States First Circuit could consider a ruling made by the United States Court of Appeals for the Ninth Circuit as persuasive authorityFor example, in Adler v George (1964), the defendant was found guilty under the Official Secrets Act of 1920Courts may consider the writings of eminent legal scholars in treatises, restatements of the law, and law reviewsAllwright, 321 U.SJudges try to minimize these conflicts, but they arise from time to time, and under principles of 'stare decisis', may persist for some time

     

    Originalists Let's Play Math: How Families Can Learn Math Together and Enjoy It mobi download book as Justice Antonin Scalia argue that "Stare decisis is not usually a doctrine used El Diario de Ana Frank (Anne Frank: The Diary of a Young Girl) (Spanish Edition) free download civil law systems, because it violates the principle that only the legislature may make law."[35] Justice Scalia argues that America is a civil law nation, not a common law nationJudges are bound by the law of binding precedents inEngland Programming Phase-Field Modeling download pdf Walesand other common law jurisdictionsNor is the doctrine stare dictis; it is not to stand by or keep to what was saidAn erroneous precedent may at first be only slightly inconsistent with the Constitution, and then this error in interpretation can be propagated and increased by further precedent until a result is obtained that is greatly different from the original understanding of the ConstitutionHowever, most legal texts have some lingering ambiguityinevitably, situations arise in which the words chosen by the legislature do not address the precise facts in issue, or there is some tension among two or more statutesBrowser does not support scriptSuch principles are deduced by way of abstraction of the material facts of the case eliminating the immaterial elementsGolden Rule Reasoning, Moral Judgment, and Law (2009) 84 Notre Dame Law Review 1529-1605

     

    When two of those people are judges, the tension among two lines of precedent may be resolved as followsThis may happen several times as the case works its way through successive appealsPrecedents bring certainty in lawIn strict sense, that case law which not only has a great binding authority but must also be followedAs the United States Supreme Court has put it: "dicta may be followed if sufficiently persuasive but are not binding."[25] f8c43f8250

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