baseball is constrained in essentially the same way as all sports leagues would be if properly treated as single firms for section 1 purposes"). 7. Compare Lawrence A. Marshall‚ "Let Congress Do It": The Case for an Absolute Rule of Statutory Stare Decisis‚ 88 MICH. L. REV. 177‚ 229 (1989)‚ with William N. Eskridge‚ Jr.‚ Overruling Statutory Precedents‚ 76 GEO. L.J. 1361 (1988); and William N. Eskridge‚ Jr.‚ Interpreting Legislative Inaction‚ 87 MICH. L. REV. 67‚ 106 (1987). See also Berger‚ supra
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Meritor Savings Bank‚ FSB v. Vinson‚ 477 U.S. 57‚ 72 (1986)‚ “common-law principles may not be transferable in all their particulars to Title VII.” 4. We are bound to honor Meritor on this point not merely because of the high value placed on stare decisis in statutory interpretation‚ supra‚ at 13—14‚ but for a further reason as well. With the amendments enacted by the Civil Rights Act of 1991‚ Congress both expanded the monetary relief available under Title VII to include compensatory and punitive
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judicial precedent is based on the principle of stare decisis which means that like cases should be treated alike. The general rule is that all courts are bound to follow decisions made by courts higher than themselves in the hierarchy and appellate courts are usually bound by their own previous decisions. This is known as the principle of stare rationibus decidendis; usually referred to as stare decisis. It translates simply as ‘Let the decision stand’. Stare rationibus decidendis is the more accurate
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While the Judicial Branch holds an enormous deal of power and possesses an extremely influential grip on governmental processes that occur in both national and state levels‚ the system of checks and balances assures that it is not a monarchial power while also allowing it some level of power. Judicial review‚ the belief that the Judicial Branch possesses the ability to control and veto decisions made by the Executive and Legislative branches‚ is one such power that the Judiciary contains in the system
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LEGAL SYSTEMS What is a legal system It is an operating set of legal institutions‚ procedures and rules regulating a given society From a law perspective: restricted to where the ’sovereign’ commands different laws for different groups of the population From a non state perspective: includes the system of courts and judges supported by the state as well as non legal forms of normative ordering. Normative ordering - e.g. Written codes‚ security forces‚ tribunals etc which replicate the structure
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it. Thus the term of “stare decisis” comes in‚ whereby it means in accordance to Professor Gall “to stand by decisions and not to disturb settled manners”2. This latin describes what the English common law is all about‚ being that judges is bound by the previous judges’ decisions. Upon discussing the term of stare decisis in common law‚ it is then needs to be discussed on the matters of its advantages and disadvantages. The disadvantages of the doctrine of stare decisis itself is that it will
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Global Perspectives Basement CJA/484 Lori Madison Globalization has caused massive opportunities for criminals to extend their business. Since the Cold War the global governance has failed to keep up with the pace of economic globalization. Economic globalization has opened up to trade‚ finance‚ travel‚ and communications. This is good for the United States as far as the economy is concerned. The criminal justice system has more crimes to deal with that expand beyond their borders because of
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what the law is‚ a common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past‚ the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If‚ however‚ the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression")‚ judges have the authority and duty to make law by creating precedent.[4] Thereafter‚ the new decision
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subsequent similar cases. Legal precedent led to the common law doctrine known as stare decisis. This basically means that once a court has set a legal precedent for a particular case‚ a similar or like case must prompt the identical response from the same court or lower courts in that jurisdiction. “Therefore‚ judges are obligated to follow the precedents established in prior decisions based on the two aspects of stare decisis: 1. Decisions made by a higher court are binding on lower courts 2. A court
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options: True False Question 5 (3 points) The U.S. legal system guarantees a jury trial in all lawsuits. Question 5 options: True False Top of Form Question 6 (3 points) Which of the following is false about the doctrine of stare decisis? Question 6 options: It makes the laws more equitable. It allows the court to make a faster decision. It makes it difficult to predict the result in a given case. It makes the law more uniform. Question 7 (3 points) The law defining
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