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CHAPTER 12 CASE LAW ANALYSIS

CHAPTER 12 CASE LAW ANALYSIS. KEY TERMS. PRECEDENT. AN EARLIER COURT DECISION ON AN ISSUE THAT GOVERNS OR GUIDES A SUBSEQUENT COURT IN ITS DETERMINATION OF AN IDENTICAL OR SIMILAR ISSUE BASED ON IDENTICAL OR SIMILAR KEY FACTS. MANDATORY PRECEDENT.

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CHAPTER 12 CASE LAW ANALYSIS

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  1. CHAPTER 12 CASE LAW ANALYSIS KEY TERMS

  2. PRECEDENT • AN EARLIER COURT DECISION ON AN ISSUE THAT GOVERNS OR GUIDES A SUBSEQUENT COURT IN ITS DETERMINATION OF AN IDENTICAL OR SIMILAR ISSUE BASED ON IDENTICAL OR SIMILAR KEY FACTS

  3. MANDATORY PRECEDENT • PRECEDENT FROM A HIGHER COURT IN A JURISDICTION THAT MUST BE FOLLOWED BY THE LOWER COURTS IN THAT JURISDICTION

  4. PERSUASIVE PRECEDENT • PRECEDENT THAT A COURT MAY LOOK TO FOR GUIDANCE WHEN REACHING A DECISION, BUT IS NOT BOUND TO FOLLOW

  5. STARE DECISIS • A PRINCIPLE THAT REQUIRES A COURT TO FOLLOW A PREVIOUS DECISION OF THAT COURT OR A HIGHER COURT IN A JURISDICTION WHEN THE CURRENT DECISION INVOLVES ISSUES AND FACTS SIMILAR TO THOSE IN THE PREVIOUS DECISION

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