Discuss whether, in your opinion, such use is an effective way to ensure uniform application of the law to a case.

LEG 420 DISCUSSION WEEK 1

Discussion question 1

“The Use of Precedent as Binding Authority” Please respond to the following:

  • Analyze the use of precedent as binding authority on lower courts. Discuss whether, in your opinion, such use is an effective way to ensure uniform application of the law to a case. Provide two (2) examples of the related use of precedent to support your rationale.
  • From the first e-Activity, examine both concepts of stare decisis and precedents, and distinguish between the two (2) concepts. Discuss whether these doctrines are persuasive authority or binding authority. Provide two (2) examples of the concepts in use to support your rationale.

Respond to this post 50 to 100 words keep separate from question

Analyze the use of precedent as binding authority on lower courts. Discuss whether, in your opinion, such use is an effective way to ensure uniform application of the law to a case. Provide two (2) examples of the related use of precedent to support your rationale.

     The use of precedent as binding authority on lower courts means that the lower courts are bound to follow an applicable holding of a higher court in the same jurisdiction.  This is an existing law that lower courts are bound to follow.  A lower court may not rule against a binding precedent, even if the lower court feels that the precedent was unjust.  They can only hope that the higher court will reform the rule in question.  The use of “Stare Decisis“, meaning to stand by things decided, is important to follow so that the applicable rule of law used.  However, every case is different and unique and should be treated as so.  Personally, I am on the fence about how effective binding authority is.  I do agree with looking back at previous cases to see what was decided, but I do not think that we should rule solely by reason of precedent.  We should examine all the facts of the case and make a decision based off of what is presented and use precedent to further support our case.

From the first e-Activity, examine both concepts of stare decisis and precedents, and distinguish between the two (2) concepts. Discuss whether these doctrines are persuasive authority or binding authority. Provide two (2) examples of the concepts in use to support your rationale.

Stare Decisis is a Latin term meaning, “to stand by things decided”.  This term is typically used in common law systems to express a notion that prior court decisions must be recognized as precedent.  Precedent is defined as an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.  Binding authority entitles legal superiority over any conflicting state law or constitutional provision. An example of binding authority would be cases, statutes, regulations, and executive orders.  Persuasive authority is a source of law, such as related cases or legal encyclopedias, that the court consults in deciding a case, but do not need to apply in reaching its conclusion.  As an example, the interpretations of federal laws by the federal courts of appeals and district courts within the same jurisdictions, in situations where the state courts are interpreting federal law.  That is, if a state court is hearing a case in which a federal claim is a part of a larger state claim, the state court will generally consider itself bound by the decisions of the U.S. district court of that state and the corresponding federal court of appeal on the federal matter.

-YL

Discussion question 2

“Structure and Hierarchy of Courts in the United States”  Please respond to the following:

  • From the second e-Activity, determine whether or not the “Castle Doctrine” and “Stand Your Ground” doctrine are derived from common law doctrine. Specify at least two (2) instances in the legal system where the principles in question are valuable when it is applied. Provide at least two (2) specific examples of the method in which the principles are applied to support your rationale.
  • From the third e-Activity, compare the structure and hierarchy of courts in your state to those of a neighboring state. Describe the similarities and differences of these state court systems in terms of the process of handling caseloads. Provide two (2) examples of state court systems’ handling of caseloads to support your rationale.

Respond to this post 50 to 100 words keep separate from question

From the second e-Activity, determine whether or not the “Castle Doctrine” and “Stand Your Ground” doctrine are derived from common law doctrine. Specify at least two (2) instances in the legal system where the principles in question are valuable when it is applied. Provide at least two(2) specific examples of the method in which the principles are applied to support your rationale.

Castle Doctrine and Stand Your Ground the person for using force unless it determine that there is probable cause that the force that was used was unlawful.For example of the Trayvon case.Zimmerman/Martin shooting that happened in Sanford, Florida in Spring 2012. Although that shooting happened in Florida, under laws that are specific to that state, Stand Your Ground and castle Doctrine laws are common everywhere. That means that the legal basics of how Stand Your Ground and Castle Doctrine laws work should be clearly understood by anyone who carries a firearm for self defense.

From the third e-Activity, compare the structure and hierachy of courts in your state to those of a neighboring state. Describe the similarities and differences of these state court systems in terms of the process of handling caseloads. Provide two(2) examples of state court systems handling of caseloads to support your rationale.

The hierarchy structure or format differs by state some more than others. For the most part in the tristate area appellate courts are where the laws are established. Whereas trial courts are where majority of civil and criminal cases are handled. I know NY having a different states to see the difference. I chose NJ, NY( tristate area) and NC Its interesting how some states trial court divisions has 2 or 3 departments and others have 6-7 departments. That definitely lets you know the workload of the states with fewer departments handle a variety of different issues within that division North Carolina General Court of Justice. Appellate Division and Trial Division Superior and District Court Division

http://www.nycourts.org/county/

NewYork: New York State Unified Court System

http://wwwnycourts.govNewJersey: I listed a chart regarding this states courts system.

 

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