law, federal judiciary, stability, common law, president, equality, authority, justice, supreme law, judges, legal, codes
The actual implementation of the federal judiciary system began with the Judiciary Act of 1789, signed into law by President George Washington. It established the basic structure and jurisdiction of the federal judiciary system and created the Supreme Court as well as lower federal courts. Since then, the federal judiciary has played a key role in interpreting the Constitution and federal law and in resolving disputes between individuals, organizations, and the government.
[...] This led to the following problem: Given the rule of the precedent in the federal judiciary system, how can it promote stability in the law? and can it allow the evolution of legal interpretation and the recognition of changing societal standards? The rule of precedent, a mechanism to promote stability in law Most judgments in united states are influenced by the fact that past decisions influence similar situations; to reach the same result as before. The rule of precedent assures that the law keeps a certain stability and won't change randomly. [...]
[...] Another exception to the rule of precedent is the principle of overruling previous decisions. This occurs when a higher court decides that a previous decision is no longer good law and should not be followed. This can happen when a previous decision is based on outdated legal principles, or when a higher court decides that the decision was wrongly decided. When a higher court overrules a previous decision, it creates a new legal precedent that lower courts must follow in future cases. [...]
[...] Another misconception is in the operation of precedent; it's that two cases are never the same. Despite having the ability to share similar material facts; it is arguable that no two cases can be the same. Nevertheless, it is expected that if enough similar material facts exist, the outcome of a previous decision to uphold the notion of stare decisis, must be applied to the current dispute. This can lead to unjust outcomes if lower courts cannot distinguish the case but are bound to following precedent or, that superior courts are not willing to undertake a law-making role. [...]
[...] Given the rule of the precedent in the federal judiciary system, how can it promote stability in the law? Introduction: The actual implementation of the federal judiciary system began with the Judiciary Act of 1789, signed into law by President George Washington. It established the basic structure and jurisdiction of the federal judiciary system and created the Supreme Court as well as lower federal courts. Since then, the federal judiciary has played a key role in interpreting the Constitution and federal law and in resolving disputes between individuals, organizations, and the government. [...]
[...] In addition, we can mention that the rule of precedent promotes predictability in the law. It provides guidance to future litigants and lawyers about how the law will be applied in similar cases. For example, if a court has established a clear rule about the norms of a certain product to be commercialized, the creators can design and create their products according to the rules described previously in the decision of the court, without fear of unexpected liability. II- Exceptions of the rule of precedent However, some may argue that the rule of precedent can be inflexible and prevent the evolution of legal interpretation. [...]
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