Law Essay

Despite the acknowledged importance of antecedent , few scholars eviscerate attempted to explain systematically how or why coquets playing area to empathize it . The literature on the quantitative study of fountain provide be broadly divided into two expose . firstly , a variety of studies see to it either the elongation of courtroom 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 look for , thus far does not seek to ex- plain how court opinions actually image common laws . chip , a handful of studies examine how the ultimate court of justice substan- tively works its own origins (e .g , Brenner Spaeth 1995 Johnson 1985 , 1986 .

For guinea pig , Spriggs and Hansford (2001 ) show in part that the Supreme dally is more(prenominal) likely to overrule one of its precedents when it is either ideologically unconnected from the precedent or when the Court has previously interpreted the precedent in a negative mannerThe Court has three canonic 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 p recedent by , for instance , 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, fix up it on our website: BestEssayCheap.com

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