Stare decisis and its application by us courts, Business Law and Ethics

Stare Decisis and Its Application by US Courts

However there is so far no case decided through the US Court of Appeal regarding the application of "stare Decisis" through US Courts.  Hence what we have are the rules that were formulated in 1970 through the then Court of Appeal to the East Africa at the occasion that it was also the Court of Appeal for US.  Conversely it can be assumed such rules that the Court of Appeal for East Africa laid down just for US Courts in the Dodhia v. National & the Grind lays Bank are still binding at the US Courts with the probable exception of the US Court of Appeal also.

These rules are like;

(i) Subordinate courts are bound through the decisions of superior courts.

Such for understand the full implications of this statement that you should have the diagram of the US courts in front of you there.

(ii) A subordinate appeal of court should be bound through a previous decision of its own.

So however subordinate courts of appeal are the High Court and the Resident Magistrate's Court and the Senior Resident Magistrate's Court and the Principal Magistrate's Court and the Senior Principal Magistrate's Court and the Chief Magistrate's Court and First Class District Magistrate's Court.  Conversely these courts are like "subordinate" its means they have higher courts above them. Therefore they are "courts of appeal" hence they hear appeals from the courts under them.

(iii) whereas a matter of the judicial policy and the final court of appeal, although it would normally regard its own  previous decision as binding, there should be free in both  criminal and civil cases to depart from such the previous decision whereas it appears right to do so.

Posted Date: 1/21/2013 7:02:21 AM | Location : United States







Related Discussions:- Stare decisis and its application by us courts, Assignment Help, Ask Question on Stare decisis and its application by us courts, Get Answer, Expert's Help, Stare decisis and its application by us courts Discussions

Write discussion on Stare decisis and its application by us courts
Your posts are moderated
Related Questions
Contracts of Guarantee There the Law of Contract Act, 1961, S.3 (1) provides as follow: Actually "No suit shall be brought whereby to charge the defendant upon any type of

Question 1: ‘There has been considerable development from the time of the Industrial Associations Ordinance 1938 to the present time of the Employment Relations Act 200

Discuss the importance of Media Media are important to agenda setting in two general ways: First by constructing and conveying simplified and often symbolic understandings of p


Insanity and Rejection - Termination of an Offer Insanity Furthermore the unsoundness of mind about either party before acceptance terminates the offer.  Hence the offe

QUESTION 1 Arbitration has proved itself to be a valuable scheme in alternative dispute resolution of conflicts. Discuss the advantages and disadvantages of Arbitration as a su

Question 1: To what extent do you agree with the assertion that Governments are failing and that corporate power is on the rise? Question 2: (a) Critically determine th

Question 1: (a) The Employment Relations Act does not apply to all categories of workers. Describe. (b) What is the main procedure for registration of trade unions? Qu

how do i answer a problem question in law base on the law of contract for final assesment

Differences members and creditors voluntary wind up: main differences between a members' and a creditors' voluntary winding up are that : (a) in a creditors' voluntary win