ADV-3352 Lecture Notes - Lecture 1: Benjamin Gitlow, John Peter Zenger, Seditious Libel
Document Summary
Following precedent is beneficial as it builds predictability and consistency into the law: which will foster judicial legitimacy (courts may be perceived as more legitimate in the public"s eye is they are predicable/consistent in their decision-making) Different from precedent because: a judge will look to a prior case opinion to guide his/her analysis and decision in a current case. Inductive-a consideration of many cases involving similar facts, logical process in which multiple premises (all believed true) are combined to obtain a specific conclusion. Deductive-when rules are expounded (explained in detail) first and then the court decides the legal situation under the existing rule. Precedent-an earlier event that is regarded as an example to be considered in subsequent similar circumstances: history-developed in england during the 200 years after the norman conquest in the 11th century. These issue orders can be either preventative or remedial.
