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Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro Jan 1995

Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro

LLM Theses and Essays

Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …


What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White Jan 1995

What's An Opinion For? (Special Issue: Judicial Opinion Writing), James Boyd White

Articles

The question the papers in this Special Issue address is whether it matters how judicial opinions are written, and if so why. My hope here is to suggest a way of elaborating the ques­tion that may provide the reader with a useful point of departure for reading the more extensive papers that follow.