Although courts rarely prevail over precedents, the U.S. Supreme Court stated in Seminole Tribe of Florida v. Florida that the stare decisis is not an “implacable order”. If previous decisions are “impracticable or poorly motivated,” the Supreme Court may not follow a precedent, and this is “especially true in constitutional cases.” For example, in Brown v. Board of Education, the U.S. Supreme Court expressly waived the refusal of Plessy v. Ferguson to apply the doctrine of stare decisis. Stare decisis is the doctrine that courts will respect precedents in their decisions. Stare decisis means in Latin “to stand by decisive things”. For example, the famous case of Brown v. The Board of Education considered the applicability of a provision of the 14.
Amendment to the United States Constitution on a school board`s practice of excluding black students from certain public schools solely on the basis of their race. The exact wording of the amendment reads as follows: “No State should do so. to deny any person within their jurisdiction the same protection of the law. The attentive student would begin by identifying the key phrases of this amendment and deciding which of them were really in question in this case. Assuming that there was no doubt that the school board was acting as a state and that Miss Brown was a “person under its jurisdiction,” the key question would then be, “Does the exclusion of students from a public school on the sole basis of race amount to a denial of `equal protection of the law`?” The quotation indicates how the case reporter can be found in the corresponding case reporter. If you only know the title of the case, you can find the citation via the case document on this court via Google Scholar or one of the electronic legal databases subscribed to by the library (Westlaw or LEXIS-NEXIS). At that time, the name of the case changed to Laird v. Tatum: Laird and his associates were now the petitioners, and Tatum and his comrades-in-arms were the defendants. Several religious groups and a group of former intelligence agents were allowed to file pleadings (written arguments) on behalf of the defendants in order to convince the court to reach a decision in their favour. Each of these groups was called amicus curiae or “friend of the court.” Do not inform the case until you have read it at least once. Don`t think that because you found the judge`s best purple prose, you necessarily extracted the essence of the decision. Look for inarticulate premises, logical errors, manipulation of the facts file or distortions of precedents.
Next, ask:How does this case relate to other cases in the same general area of law? What does this show about judicial policy? Does the result violate your sense of justice or fairness? How could it have been better decided? A statement of appeal is a written legal argument submitted to a court of appeal. Its purpose is to persuade the higher court to confirm or annul the decision of the court of first instance. Briefs of this type are therefore designed to present the issues of the case only from a one-page perspective. The title of the case indicates who is against whom. The name of the person who brought an action in that particular court is always displayed first. Since losers often appeal to a higher court, this can become confusing. The first section of this guide will show you how to identify players without a scorecard. Of course, the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board or even public education. They questioned the continued validity of previous decisions in which the Supreme Court ruled that restricting black Americans to “separate but equal” entities did not deny them “equal protection of the law.” Note these implications in your statement at the end of the brief, in which you set out your observations and comments.
A good student letter contains a summary of the relevant facts and legal points raised in the case. It will show the nature of the dispute, who sued whom, based on what incidents and what happened in the lower courts. The facts are often conveniently summarized at the beginning of the notice issued by the court. Sometimes the best statement of facts can be found in a different or concurring opinion. WARNING! Judges are not exaggerated to be selective in the facts they point out. This can become crucial when it comes to reconciling seemingly contradictory cases, as the way a judge characterizes and “edits” the facts often determines how he or she will vote and, therefore, what rule of law is applied. NOTE: Many students read cases incorrectly because they do not see the problems in terms of applicable law or case law than for any other reason. There is no substitute for taking the time to carefully formulate the questions so that they actually incorporate the most important provisions of the law in terms that can be answered accurately. It may also be useful to point out problems, such as “procedural issues”, “substantive issues”, “legal issues”, etc. Also keep in mind that the same case can be used by instructors for different purposes, so part of the challenge of the information session is to identify the problems in the case that are at the heart of the topic discussed in class. Although student letters always contain the same information, the form in which these elements are defined may vary. Before choosing a specific information case form, contact your instructor to make sure the form you choose is acceptable.
With rare exceptions, the outcome of an appeal process will depend on the importance of a provision of the Constitution, a law or a legal doctrine. Capture this provision or the point discussed in your reformulation of the problem. Surround it with quotation marks or underline it. This will help you later when you try to match conflicting cases. For example, a defendant convicted by a federal district court has the right to appeal that decision to the District Court of Appeal, and that court cannot refuse to hear him. The party who loses before that Court of Appeal may request that the case be heard by the Supreme Court but, except in special circumstances, he is not entitled to a hearing. The decision or decision is the court`s response to a question that is submitted to it for answer by the parties concerned or that has been raised by the court itself in its own interpretation of the case. There are narrow procedural implications, e.g. “reverse case and pre-trial detention”, broader substantive funds dealing with the interpretation of the Constitution, laws or legal doctrines. If the questions have been asked accurately, the assets can be indicated by simple “yes” or “no” answers or by brief explanations from the language used by the court. Many of the legal research and writing guides include a discussion of student letters, appeal briefs, and other types of legal notes used by practicing lawyers. Examples and more information can be found in the library books listed below: here the student must assess the importance of the case, its relationship to other cases, its place in history and what shows about the court, its members, its decision-making processes or the impact it has on litigants, government or society.
Here, the assumptions and implicit values of the judges must be examined, the “correctness” of the decision discussed and the logic of the reasoning taken into account. Appeals from both sides can be very valuable to anyone assessing the legal issues raised in a case. Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which pleadings are regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9. K8) contains the full text of the pleadings relating to some of the many cases heard by that court. In addition, summaries of pleadings filed on behalf of the plaintiff or defendant for all reported cases are included in the reports of the U.S.
Supreme Court. Ed., 2nd series (REF. GESETZ KF 101. A42). If a court is faced with a legal argument, if a previous court ruled on the same issue or on a closely related issue, the court will make its decision in accordance with the decision of the previous court.