Yesterday I
continued the reading and this is my outline:
Precedent and
Stare Decisis
1.
The definition
- the different between the civil law and the case law2. The authority of precedent cases in the US legal system.
- Mandatory authority
- Persuasive authority3. How can American attorneys review case law?Precedent and stare decisis are terms meaning that a court must follow the rulings of the court that is above it in the hierarchy. This pretty different from civil law where a court must follow written statutory. What surprising here is a lawyer should do a lot of reading and researching to find the case law that he can use for his client.
Reference
Debra S. Lee, Charles Hall & Susan M. Barone, American Legal
English. The University of Michigan Press ed., 2d ed. 2007. 12.
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