LEB 323 Study Guide - Midterm Guide: Precedent
29 Nov 2017
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Mandatory authority: authority originating in courts above the trial court in the appellate chain, example: state trial judge in texas will follow rulings of the. Texas supreme court if there are precedents in the ruling: texas supreme court will follow the holdings of the u. s supreme. Court: a judge that does not follow mandatory authority risks reversal of his/her ruling, judges will follow it even if they disagree. These types of scenarios are called persuasive authority. Common law can change if the judge feels it does not fit the needs of society any more: change can be abrupt or gradual. Concept explained: court discusses policy underpinnings (foundations) of stare decisis. Defendant: eddie arnold, convicted in 1988 of second degree rape. Concept explained: court vacated arnold 2015 conviction of failing to register as sex offender. Profile of our federal and state statutory law.
