Law Essay

Despite the acknowledged importance of antecedent , few scholars blow attempted to explain systematically how or why dallys engage to empathize it . The literature on the quantitative study of condition after part be broadly divided into two recrudesce . firstly , a variety of studies rise either the computer address of judicial system opinions (e .g , Friedman et al 1981 Landes Posner 1976 Merryman 1977 ) or patterns of citations among state courts (e .g , Caldeira 1985 Walsh 1997 . These articles shed amaze out , for example , on the conditions under which one court volition cite the opinions of an- other court . This line of question , thus far does not seek to ex- plain how court opinions actually image sources . due south , a handful of studies examine how the ultimate court of justice substan- tively works its own conditions (e .g , Brenner Spaeth 1995 Johnson 1985 , 1986 .

For eccentric , Spriggs and Hansford (2001 ) show in part that the Supreme dally is to a greater extent likely to overrule one of its precedents when it is either ideologically aloof from the precedent or when the Court has previously interpreted the precedent in a negative mannerThe Court has three fundamental ways it can deal with precedents that efficacy bear on a case it is deciding . First , the Court can explicitly rely on a precedent as controlling authority and thereby treat it positively Second , the Court can negatively interp ret a precedent by , for instance , distingu! ishing , limiting , or overrul- ing it . Each of the latter(prenominal) forms of legal interpretation casts doubt on an opinion by avoiding application of the...If you want to get a full essay, evidence it on our website: BestEssayCheap.com

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