Stare Decisis/ System of Precedent ( The Common Law Tradition)

The New Jersey Supreme Court held that a minor could cancel a contract for the purchase of a car. Now, a lower trial court in NJ is deciding a case with similar facts. Under Stare Decisis, Which of the following are true? A. Allow the minor to cancel the contract B. Disregard the prior NJ supremem court Case C. Require the minor to fulfill the contract

A.

What was the case that overturned Stare Decisis? why?

Brown v Board of Education: Separate but equal facilities were unconstitutional

Stare Decisis is part of _____ law. Why is this important?

Common, Because civil law doesn't look at previous cases

Party who allegedly caused the injury

Defendant

Designed to "make a person whole" where monetary property damages are inadequate. Based on justice and fair dealing.

Equitable Remedies

injured party initiating the lawsuit

Plaintiff

A means to enforce a right or compensate for injury to that right

Remedies

designed to compensate individuals for actual loss. Award restricted to "damages"(payment) in either money or property

Remedies at Law

explain the difference between Remedies At Law and Remedies in equity.

Remedies at law = $ or property, Remedies in Equity = taking something away from someone like their license "action"

What are three types of Remedies in Equity

Specific Performance, Injunction, Rescission

If Anne bought a broken computer, and she wants a working computer instead of her money back, Anne should petition for the equitable relief of ______

Specific performance

court order commanding a party to do what they promised

Specific performance (remedies of equity)

"To stand on decided Cases"

Stare Decisis

Practice of Deciding new cases based on past cases

Stare Decisis

explain binding authority

When a decision of a lower court system is made based on a higher courts decision in a similar case

explain what clean hands doctrine is

if you sue someone it can't be about an illegal business like drug dealing

court order commanding a party to do or refrain from a certain act

injunction (remedies of equity)

clean hands doctrine, one who seeks equity must do equity, where equities are equal, the law must prevail are all examples of what?

principles and maxims

____ and ____ help guide judicial decision-making when they determine EQUITABLE Remedies

principles, maxims

Anne paid $1400 for a new computer from Lemon Corps. The computer does not work. Anne wants her money back. Anne should as for a remedy at law or an equitable remedy?

remedy at law because she wants $

Cancellation of contract

rescission ( remedies of equity)

What aids legal stability?

stare Decisis

When will a court grant equitable remedies if both equitable and legal remedies are petitioned for?

they will usually grant equitable when legal is inadequate

every sale of good is a contract. true or false

true

true or false, a plaintiff can file for both legal and equitable remedies at the same time

true