J385: Communication Law Home Page

USE OF PRECEDENT

 

 

 

PRECEDENT:


"A COURT DECISION ON A QUESTION OF LAW THAT GIVES AUTHORITY OR DIRECTION ON HOW TO DECIDE A SIMILAR QUESTION OF LAW IN A LATER CASE WITH SIMILAR FACTS."


STARE DECISIS: "LET THE DECISION STAND"

"WHEN A COURT HAS DECIDED A CASE BY APPLYING A LEGAL PRINCIPLE TO A SET OF FACTS, THAT COURT SHOULD STICK BY THAT PRINCIPLE AND APPLY IT TO ALL LATER CASES, ABSENT A GOOD, STRONG REASON. LOWER COURT MUST APPLY THE PRINCIPLE IN SIMILAR CASES.


USE OF PRECEDENT:

  • ACCEPT

  • MODIFY

  • DISTINGUISH

  • OVERRULE


APPELLATE COURT DECISIONS

New York Times v. United States


TYPES OF OPINIONS:

  • THE COURT'S OPINION:
    MAJORITY OR PLURALITY

  • CONCURRING OPINION:
    AGREE IN RESULT, BUT NOT REASON.

  • DISSENTING:
    DISAGREE IN BOTH RESULT AND REASON

School of Journalism and Communication

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