POLB30H3 Study Guide - Midterm Guide: Precedent, Ginger Beer, Legal Positivism

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Important test details: date: tuesday, october 17th, 2017, duration: the test will be 60 minutes long. A rule that a judge made that says that people have a duty to read contracts. Imagine that you bring a case to court based upon injuries you sustained from a car accident. You are suing the driver who was intoxicated when the accident happened. In common law, there is a doctrine, which is relied upon by common law attorneys trying to prove their cases. Stare decisis is the name of this doctrine: example: If a civil lawsuit claims that a photographer must refund the entire amount charged to a client for a photo shoot, if the client is unhappy with any of the photos. If the photographer appeals the matter to a higher court, the appeals court has no obligation to defer to the lower court"s decision.