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Means let the decision stand.
- The lower courts have to abide by the rulings in previous
Two aspects of stare decisis
- ~Binding authority – any source of law that a court must
- follow when deciding a case. (ex: constitutions, statutes, and regulations)
- authorities- Precedents from other jurisdictions
departures from precedent
- ~When courts decide that a given precedent should no longer
- be followed
~The court will rule contrary to the precedent
- Brown vs. Board of education of Topeka ruled separate educational facilities
- for whites and blacks ruling overturned
Structure of a case
Every case has to have two parts:
1. Liability- what was the wrongdoing
2. Damage- what was the injury
What can the court do?
- The ultimate decision of the court that relieves the
- innocent party by enforcing a right or compensating for the violation of the
(i.e.compensation for a wrongdoing)
2 types of remedies
- 1.Equitable – non monetary, based on justice and
- fairness. You would do a Petition.
2. Legal– compensation in monetary terms. You would do a complaint.
A. The one who has damage and brings a complaint.
B. The one against whom an action is brought and has a liability.
the structure of a corporation
Owners are shareholders
Owners elect directors
Directors appoint officers
Officers manage the corporation
the moral minimum
Suggests making a profit while obeying the law
- The minimum degree of ethical behavior expected of a
- business firm
Compliance with the law