Suppose that a lower court must decide whether it is constitutional for a city to establish different curfew times for minor males and females. To decide the case, the court turns to similar cases on differential curfews that were made by the U.S. Supreme Court and other higher courts. The court then uses these previously decided cases as a legal guide for deciding the case at issue. The use of previously decided cases as a binding precedent for lower court decisions is an example of: Blank______.Multiple choice question.legal realismstare decisisutilitarianismstatutory law
Question
Suppose that a lower court must decide whether it is constitutional for a city to establish different curfew times for minor males and females. To decide the case, the court turns to similar cases on differential curfews that were made by the U.S. Supreme Court and other higher courts. The court then uses these previously decided cases as a legal guide for deciding the case at issue. The use of previously decided cases as a binding precedent for lower court decisions is an example of: Blank______.Multiple choice question.legal realismstare decisisutilitarianismstatutory law
Solution
The use of previously decided cases as a binding precedent for lower court decisions is an example of: stare decisis.
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In common law legal systems, a principle or rule established in a previous legal case that is either binding or provides an example for a court when deciding subsequent cases with similar issues or facts is called precedent.Group of answer choicesTrueFalse
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