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