PPT-Precedent and

Convergence Why are Different Countries Laws and Skyscrapers More Alike Than Their Foods and Films Saul Levmore July 2014 P uzzles 1 Why doesnt US just copy Dutch health care system 2 Why is law so similar everywhere . 1 Session IC1. National Reports received from: Australia, M. Kirby; Belgium, M. Adams; Brazil, Th. Bustamante; Canada, C. Valcke; Colombia, C. Bernal Pulido; Czech Republic, Zd. K United States Court of AppealsJune 2, 2008Elisabeth A. ShumakerClerk of CourtUNITED STATES COURT OF APPEALSTENTH CIRCUITUNITED STATES OF AMERICA,DARRELL DEAN PROWS, alsoknown as Darrell D. Prows, also :. The ability of judges and courts to make law. The operation of the doctrine of precedent. Reasons for interpretation of statutes by judges. E. ffects of statutory interpretation by judges. Strengths and weaknesses of law-making through the courts. John Bell. jsb48@cam.ac.uk. Stare decisis and precedent. Stare decisis et . quieta. non . movere. Stare decisis = Being obliged to follow a decision you think is wrong. Precedent = Treating previous cases as AUTHORITY reasons for a decision in the present case (strong). Measuring the Legal Importance of. Supreme Court Precedents. James H. Fowler. UCSD. Timothy R. Johnson (Minn.). James F. Spriggs II (. WashU). Sangick Jeon (. Stanford). Paul J. Wahlbeck (GWU). U.S. Supreme Court is Institutionally Weak. 1. The main role of courts. decide . the facts of the case (that is, what happened). decide what law applies. apply the relevant law to the facts. reach a decision.. Online Research Task. You have 10mins. The development of negligence. Interpretations of past decisions. We know that…. Courts create precedent when they make a judgement on a new issue. Decisions of the courts may also be interpreted, clarified or extended in their meaning. The Doctrine and Court Structure. Lesson Objectives. I will be able to define judicial precedent. I will be able to describe the hierarchy of the courts. I will be able to construct a diagram of the court structure. Does the precedent put any constraint at all on how to decide a new case?. Let’s assume that every case has some factor that differentiates it from every other case (remember, factors can be complex).. Negligence: . Remoteness of damage . Learning Objectives. By the end of the session you should be able to:. Explain the test for remoteness.. Explain the thin skull rule.. Remoteness. In order to show legal causation, it must be shown that the loss or damage sustained by the claimant was not too remote.. Law 300, Spring 2016. What is Precedent?. Precedent is the reason-giving force of an earlier case or line of cases on an issue currently before the court at T2.. Holding = Rule of Law. A holding is a rule of law, therefore holdings can serve as the major premise of a legal syllogism—similar to a statute providing the major premise.. precedent. The role of the courts. The main purpose of the courts is to settle disputes and apply existing laws to case that comes before them.. Sometimes they make law in the process of resolving a dispute because:. From the Latin word ‘ire’, ‘. itum. ’ . To go, to pass . IT, IENT. Sedition . Noun. ; . Act or practice aimed a undermining authority; rebellion . The Army general was jailed after being found guilty of spying and . How good are your powers of deduction?. Task:. On your table, you have a number of cards, each of which represents a court in England and Wales.. Can you create the hierarchy of the courts using your knowledge?.