Leadrer Ship and Managment

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Date Submitted: 07/24/2016 03:57 PM

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Q1:Explain the doctrine of stare decisis and how it has influenced the legal system.

Stare decisis is a Latin term. It means to stand by things decided.' Stare decisis is a doctrine used in all court cases and with all legal issues. A doctrine is simply a principle, or an instruction, but it's not necessarily a rule that cannot ever be broken.

The doctrine of stare decisis means that courts look to past, similar issues to guide their decisions. The past decisions are known as precedent. Precedent is a legal principle or rule that is created by a court decision. This decision becomes an example, or authority, for judges deciding similar issues later. Stare decisis is the doctrine that obligates courts to look to precedent when making their decisions. These two principles allow American law to build case-by-case, and make our legal system a common law system.

For example, let's say that Blue borrows Red's lawnmower while Red is on vacation. Blue doesn't ask Red for permission. Blue accidentally breaks Red's lawnmower, but he doesn't tell Red. He simply places the lawnmower back in Red's garage. When Red returns home and discovers the broken lawnmower, he demands that Blue buy him a new one. The two end up in court, and the court decides that Blue does owe Red the money required for Red to fix his lawnmower; however, Blue does not have to buy Red a new lawnmower.

This decision becomes precedent. From now on, lower courts in the same jurisdiction are expected to follow this new rule: When a borrower breaks a borrower’s item and was using the borrower’s item without permission in the first place, the borrower must pay to have the item fixed. Lower courts will follow this new precedent because the doctrine of stare decisis tells them they should.

Q2:What is the jurisdiction of the U.S Supreme Court? Please provide an example....