Law Essay, Research Paper
1. The trial court is bound by the Supreme Court s decision under Stare Decisis. The Supreme Court is the highest court in the judicial system. All other courts are most likely to follow a higher courts decision. The only time a precedent would change is if it is out of date, the situation is different, or if the ruling is found invalid.
2. The Jacksons can sue the Polks under civil law not criminal. Trashing your own yard is not a crime; it is more of a nuisance than anything. The Jacksons should request an injunction. This will make the Polks stop the action until a decision is decided upon in court.
3. Senator Adams is using the theory of natural law. This theory is based on what is moral and just. This theory only works in a perfect world where every member in society has the same moral standards. Senator Bend is using the sociological theory. This theory generalizes the way a certain society thinks and behaves. This forces society to mold behavior in a certain train of thought.
4. Roger s first defense is based on substantive law. This has to do with choosing the law that pertains to this case. His second defense is based on procedure law. This deals with the how in enforcing the law.
5. This statute is not valid when it applies to past sales. You cannot punish what was legal in the past. It would be valid in future sales. The statute is now in effect and must be followed. At my job, I have customers that qualified for their local NBC, ABC, CBS, and FOX channels through satellite back in 1995 and were getting them since 1995. Now in 2001, during legal disputes some areas are not allowed to have them anymore. Since the customers already had them before 2001, they are allowed to keep them, while new customers in 2001 are not allowed to have them.