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CRJ 301 WEEK 1 DQ 1 ( Case Law Terms )

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Provide a comprehensive posting detailing the similarities and differences of the following
case law terms: precedent, stare decisis, and statutory law. Which of the three, in your
opinion, is the most significant aspect of criminal law?
Response 1
Precedent can defined as a prior reported opinion of an appeals court which establishes the
legal rule or authority in the future on the same legal question decided in the prior judgment.
Stare decisis is Latin and means "to stand by a decision," the doctrine that a trial court is
bound by appellate court decisions or precedents on a legal question which is raised in the
lower court. Reliance on such precedents is required of trial courts until such time as an
appellate court changes the rule, for the trial court cannot ignore the precedent. I was
surprised to learn that even a judge cannot over ride a precedent no matter whether he/she
agrees with it or not.
Statutory law is defined as an act of a legislature that declares, proscribes, or commands
something; a specific law, expressed in writing. A statute is a written law passed by a
legislature on the state or federal level. Statutes set forth general propositions of law that
courts apply to specific situations. A statute may forbid a certain act, direct a certain act,
make a declaration, or set forth governmental mechanisms to aid society.
After this week’s readings it is really hard to just pick one of these as the most important.
They all have an intricate role in the legal world. If I had to pick just one I would probably
pick “stare decisis”. I was intrigued by most of what I read regarding this topic. I thoroughly
believe in the judicial system and much like everything else there are some flaws but overall
it works and I do believe in team work. When I think of this term I am comfortable in
knowing that what he set up isn’t just declared by one person or judge. I further find comfort
in knowing things can be challenged but yet a “team” of people still make the right choices
and consider how it will affect the people that come after.
Reference:
Bartollas, C. & Miller, S. (2008). Juvenile justice in America (6th Ed.). Upper Saddle River:
Pearson Education.
Wallace, H. & Roberson, C. (2012). Principles of criminal law (5th Ed.). Boston: Pearson
Allyn & Bacon.
Response 2
Precedent is basically a court decision on a legal principle. There are two precedents which
are mandatory and persuasive. Mandatory precedent means that when a higher appellate court
renders a decision on an issue, the lower courts under its supervision must follow the ruling
or face reverse on appeal (Wallace 2012). Also, stare decisis is also a legal principle that
binds courts to stand by prior that binds courts to stand by prior decisions and use them as the
standards by which to judge subsequent cases (Wallace 2012). In addition, statutory laws are
law created by legislative bodies to meet changing social conditions, customs, and public
opinions.

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Provide a comprehensive posting detailing the similarities and differences of the following case law terms: precedent,?stare decisis, and statutory law. Which of the three, in your opinion, is the most significant aspect of criminal law?? Response 1 Precedent can defined as?a prior reported opinion of an appeals court which establishes the legal rule or authority in the future on the same legal question decided in the prior judgment. Stare decisis?is Latin and means "to stand by a decision," the doctrine that a trial court is bound by appellate court decisions or precedents on a legal questio ...
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