Processes is the appealed. C. The defendant. The respondent. ANSWER: A PAGES: section 7 TYPE: + Essay Questions 1. In a lawsuit between Cloud Computing Corporation and Digital Enterprises, Inc. , the court applies the doctrine of stare decides. What is this doctrine? What does this doctrine have to do with the American legal system? ANSWER: In a common law legal system, past Judicial decisions are binding in current disputes with similar facts. This feature of the common law, which is the basis of the American legal system, is unique because, unlike the law in other legal systems, it is Judge-made law.
Within the common law system, when possible, Judges attempt to be consistent and to base their decisions on the principles suggested by earlier cases. The body of principles and doctrines that form the common law emerged over time as Judges applied the principles announced in earlier cases to subsequent legal controversies. The practice of deciding cases with reference to former decisions, or precedents?the cornerstone of the American legal system?is called the doctrine of stare decides. Under this doctrine, Judges are obligated to follow the precedents established within their Jurisdictions.
This helps courts to be more efficient and makes the law more stable and predictable. PAGES: section 3 type: 2. For a business law class, Sierra reads and briefs several court opinions using the IIRC method of legal reasoning. What do the letters l, R, A, and C abbreviate? What are the steps in the IIRC method? The letters l, R, A, and C are the first letters of “Issue,” “Rule,” “Application,” and “Conclusion. ” The IIRC method of legal reasoning requires Sierra or any other student or reader to first summarize the important facts of a legal case and state the salient issue or issues.
The second step is to determine and set out the rule of law that applies to the facts to resolve the issue. The third step is to apply that rule to those facts. The application of the rule requires an answer to the question posed by the issue. This answer may involve one or more different types of legal reasoning, but those reasons should be thought out and expressed clearly. Finally, the conclusion derived from the application of the rule to the facts is stated. This is sometimes award, if any, consists of; or what the parties are, or are not, required to do next.
