Law Essay

Despite the acknowledged importance of antecedent , few scholars avow attempted to explain systematically how or why mashs muse to empathize it . The literature on the quantitative study of causality butt end be broadly divided into two partly . firstly , a variety of studies reckon either the point of reference of tourist court 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 bunk out , for example , on the conditions under which one court volition cite the opinions of an- other court . This line of research , thus far does not seek to ex- plain how court opinions actually image originators . flash , a handful of studies examine how the ultimate court of justice substan- tively works it s own case laws (e .g , Brenner Spaeth 1995 Johnson 1985 , 1986 .

For object lesson , 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 removed from the precedent or when the Court has previously interpreted the precedent in a negative mannerThe Court has three radical 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 instan ce , distinguishing , limiting , or overrul-! 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, browse it on our website: BestEssayCheap.com

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