Use the jamison case as precedent

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Reference no: EM132205600

Rodriguez is a state court judge in California. In the case of Beltran v. Gasca, a contract dispute, there is no California Supreme Court or court of appeals decision that sets forth a rule that could be applied. However, the Colorado case of Jamison v. Everyone is "very close" on the facts and sets forth a rule of law that could be applied to the Beltran case. What process must Rodriguez follow in considering whether to use the Jamison case as precedent? Rodriguez must wait for the California legislature and the governor to pass a law that addresses the issues raised in the Beltran case. Rodriguez may follow the Colorado case if he believes that it offers the best reasoning for a similar case. Rodriguez must follow the Colorado case if that is the best precedent. Rodriguez is free to decide the case any way he wants, but he may not look at decisions and reasons in similar cases from other states.

Reference no: EM132205600

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