USA HISTORY

SECTIONAL CRISIS 1850 1861

DRED SCOTT

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
What is a precedent?
A
A model for lawyers
B
A model on which to base later decisions
C
the power of the supreme court to interpret the constitution
D
None of the above
Explanation: 

Detailed explanation-1: -Meaning of precedent: a precedent is an event or an action that has occurred earlier and acts as a guide for similar situations. According to Bentham precedents are judge made laws. Any particular precedent establishes a principle or a rule that is followed while taking similar decisions.

Detailed explanation-2: -Abstract. The result model of precedent holds that a legal precedent controls a fortiori cases-those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself.

Detailed explanation-3: -2014) (defining precedent as a decided case that furnishes a basis for determining later cases involving similar facts or issues ). The Court may also rely on commentary on these cases by academics and judges.

Detailed explanation-4: -A precedent is something that sets a standard for future events. It’s hard to say what the legal community would do without the word precedent, since so many legal judgments and decisions are based on what came before. Lawyers and judges often look for a precedent that can be used as a guide for a similar case.

Detailed explanation-5: -Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis and requires courts to apply the law in the same manner to cases with the same facts.

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