Management and Organizational Studies 2276A/B Midterm: Biz Law 2 Midterm.doc

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Learning from cases: precedent law comes from case law because we have precedent to follow, like cases should be treated alike stare decisis, part of case law is to interpret legislation, we need predictability and consistency, among others, also more efficient to use precedent use a process we"ve already taken in order to arrive at a result, we have to think about bad decisions when it comes to precedent (disadvantage, how similar do two cases have to be in order to invoke precedent, there are mechanisms we use to address some of these issues, appeal process. To deal with bad decisions: distinctiveness, leave that up to the judges, the judge can distinguish the case based on the facts, how does the law change over time, courts aren"t bound on their own precedent, precedent is top down, decision by the scc is binding on all courts.