ADMS 2610 Study Guide - Midterm Guide: Proximate And Ultimate Causation, Condition Subsequent, Lightning

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Also called case law, because this is where statements of common law are found. Common law determined through the doctrine of stare decisis: (cid:862)to sta(cid:374)d (cid:271)(cid:455) a p(cid:396)e(cid:448)ious decision(cid:863); theo(cid:396)(cid:455) of p(cid:396)e(cid:272)ede(cid:374)(cid:272)e. Judge is to apply previous decision of a case with the same facts if: a. f(cid:396)o(cid:373) judge(cid:859)s o(cid:449)(cid:374) (cid:272)ou(cid:396)t, b. from a court of equal rank, or if from a court of higher rank. Only supreme court can overrule previous decisions. Decisions of supreme courts are binding for lesser courts. Decisions of higher or equal courts from other jurisdictions are persuasive, not binding. Has changed and adapted over time to what is applicable in our changing society. Originally, had jurisdiction over religion, family, marriage, morals, and matters relating to decent of personal property of deceased law developed by the church courts to deal with matters that fell within their jurisdiction.

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