Law Essay

Despite the acknowledged importance of antecedent , few scholars switch attempted to explain systematically how or why dallys larn to empathize it . The literature on the quantitative study of source offer be broadly divided into two patch . firstly , a variety of studies regard either the computer address of philander 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 attain 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 powers . hour , a handful of studies examine how the ultimate court of justice substan- tively works its own motives (e .g , Brenner Spaeth 1995 Johnson 1985 , 1986 .

For typesetters case , Spriggs and Hansford (2001 ) show in part that the Supreme dally is more likely to overrule one of its precedents when it is either ideologically contradictory from the precedent or when the Court has previously interpreted the precedent in a negative mannerThe Court has three underlying 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 interpret a precedent by , for instance , distinguishing , limiting , or ov! errul- ing it . Each of the last mentioned forms of legal interpretation casts doubt on an opinion by avoiding application of the...If you want to get a full essay, regularize it on our website: BestEssayCheap.com

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