Analyze the use of precedent as binding authority on lower courts

  • 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.

E-Activity

 

  • Using the internet or Strayer databases, research and analyze the doctrine of stare decisis based on the English Common Law System and focus on the ways that it promotes uniformity in the law or undermines the law. Be prepared to discuss.
  • Use www.findlaw.com or Strayer databases to research and analyze both the “Castle Doctrine” and “Stand Your Ground” doctrine in your state, as well as the reasons why each is an affirmative defense for individuals charged with criminal homicide.  Be prepared to discuss.
  • Use the internet or Strayer databases to research and review your state’s court system and jurisdictions, as well as to examine your state’s heirarchy of courts.  Be prepared to discuss.
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