Tuesday, February 18, 2014

Outline.




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 law
    2.  The authority of precedent cases in the US legal system.
  • Mandatory authority
  • Persuasive authority
    3. 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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