BL 260 Chapter Notes - Chapter 2 and 3: Alternative Dispute Resolution, Affirmative Defense, Federal-Question Jurisdiction
Document Summary
Law created by judges" decisions in court cases. Use stare decisis as basis for decision making. To be familiar with what courts do and how courts are selected in case your company is sued. Common law governs issues not addressed by other sources of law. The judge will look at the issues, and look at whether if any higher courts have made a decision. Bound by law to decided the case in the same exact way that the judge in the higher court decided. In order to overturn, there must be compelling reason (must be made by the exact same court previously) As soon as overturned, all lower courts must follow new decision, law has been essentially changed. Lawyer has to argue that you need to decide the case the same way as the higher courts did previously, because it"s the same issue. 1 . interpret laws: apply laws to specific situations, judicial review: decide if laws are constitutional.
