Cause and effect: Presidential appointments to the Supreme Court.
Cause: President appoints justices. Effect: Shifts ideological balance, potential precedent reversal.
Cause and effect: Supreme Court overruling precedent.
Cause: Outdated/unjust decision. Effect: New precedent established, legal landscape changes.
Cause and effect: Changes in societal values.
Cause: Evolving societal norms. Effect: Courts may deviate from *stare decisis*.
Cause and effect: Conflicting precedents in lower courts.
Cause: Conflicting rulings from different courts. Effect: Lower courts must reconcile or follow higher court.
Cause and effect: A justice's ideology.
Cause: Justice holds certain beliefs. Effect: Influences interpretation of law, approach to precedent.
Cause and effect: Increased diversity on the Supreme Court.
Cause: More diverse justices appointed. Effect: Broader range of perspectives influencing legal decisions.
Cause and effect: Technological advancements.
Cause: New technologies emerge. Effect: Courts must adapt existing laws to address novel legal issues.
Cause and effect: Public opinion on legal issues.
Cause: Shifting public attitudes. Effect: Courts may consider public opinion when deciding whether to uphold or overturn precedents.
Cause and effect: International legal norms.
Cause: Growing influence of international law. Effect: Courts may consider international norms when interpreting domestic laws.
Cause and effect: Economic crises.
Cause: Economic downturns or recessions. Effect: Courts may need to address legal challenges related to economic regulations and policies.
What are the differences between common law and civil law systems?
Common Law: *stare decisis* is central, binding precedents. Civil Law: *stare decisis* less emphasized, laws re-examined freely.
Compare conservative and liberal justices' views on precedent.
Conservative: Follow precedent, emphasize stability. Liberal: Question precedent, adapt law to change.
Compare stability and adaptability in legal decisions.
Stability: Following *stare decisis* for consistency. Adaptability: Adapting to new issues and circumstances.
Compare individual rights vs. states' rights regarding precedent.
Individual Rights: May overrule precedent limiting rights. States' Rights: May uphold precedent supporting states' power.
Compare the role of precedent in the US and UK legal systems.
US: Precedent is highly influential but can be overturned. UK: Precedent is strictly followed but is evolving.
Compare the role of written constitutions in common law and civil law systems.
Common Law: Constitution is interpreted through case law. Civil Law: Constitution is the primary source of law.
Compare the role of judges in common law and civil law systems.
Common Law: Judges create law through precedents. Civil Law: Judges apply law as written in codes.
Compare the role of legal scholars in common law and civil law systems.
Common Law: Legal scholars analyze and critique case law. Civil Law: Legal scholars interpret and systematize legal codes.
Compare the use of juries in common law and civil law systems.
Common Law: Juries are more common in both criminal and civil cases. Civil Law: Juries are less common, especially in civil cases.
Compare the approach to statutory interpretation in common law and civil law systems.
Common Law: Statutes are interpreted in light of existing case law. Civil Law: Statutes are interpreted based on their plain meaning and legislative intent.
Define 'precedent'.
A previous legal decision that guides future cases with similar issues.
Define '*stare decisis*'.
The principle that courts should follow precedents set by earlier, similar cases.
What does 'distinguishing cases' mean?
Courts differentiate current case facts from precedent, limiting precedent's relevance.
Define 'overruling precedent'.
When a court invalidates a prior decision, setting a new rule.
Define 'judicial ideology'.
A justice's political, legal, or philosophical views influencing legal interpretation.
What is 'common law'?
A legal system where *stare decisis* is a cornerstone, binding judges to precedents.
What is 'civil law'?
A legal system where *stare decisis* is less emphasized, allowing courts to re-examine laws more freely.
What is legal reasoning?
Analyzing facts/reasoning of prior decision; considering legal/societal context; evaluating impact.
What is 'jurisdictional hierarchy'?
Lower courts must follow precedents established by higher courts within their jurisdiction.
What is 'persuasive authority'?
Courts may rely on decisions from other jurisdictions or refer the case to a higher court.
