Anytime that a court is discussing a finding of fact, it cannot simply rely on stare decisis, but must examine whether the factual situation has remained the same since announcing the first rule. For example, the Smithville crossing could be extremely hazardous in rainy May weather, but not hazardous in dry December weather. In addition, the Regional Transit Authority may have placed appropriate warnings or safety devices, which would have changed the nature of the crossing. Therefore, the court may not accept the conclusion announced in the Walters case. However, if the factual conditions did not change between the two accidents, the court should recognize its own precedent and follow the Walters decision. 7. When a court makes its decision effective as precedent at a date in the future of its decision, it generally does so that a party may remedy the circumstances...
Conflict of LawsIntroductionA discrepancy between the laws of two or more jurisdictions has some bearing on a case, such that the outcome is determined by which jurisdiction�s law is applied to each subject in question. The contradictory legal rules could stem from federal law in the United States, state law in the United States, or international law. When competing laws emerge, the first question emerges: which law should be employed
Sources of U.S. LawIntroductionToday, most Americans are rightfully proud of the fact that the United States is a land of laws, but many may not realize the multiple sources of the laws that routinely affect their daily lives (Lupu, 2013). To help address this constraint, the purpose of this paper is to provide a description of the major sources of law under the American system of jurisprudence and how these
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