Lawyer Lester tries his best to explain to the judge why a previous case should not be used as a precedent for one of his current cases. Lawyer Lester reasons that the previous case's ruling contained remarks from the judge that were not central to the decision. What legal concept is Lawyer Lester using to convince the judge that his case should not be tied to the outcome of a previous case? O Distinguishing the case O Deontology O Legal Realism O Inconsistent Precedent O Dicta
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In the legal world, the use of precedent is a fundamental aspect of decision-making, as past cases often serve as a basis for future judgments. However, in certain instances, lawyers may employ various legal strategies to convince a judge that a previous case should not be considered a binding precedent for their current case. One such strategy involves the concept of distinguishing the case, which allows attorneys to highlight key differences between the two cases and argue that the precedent should not apply. This tactic can be crucial in shaping the legal landscape and achieving favorable outcomes for their clients.
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- Case names, written in italics, list the name of a petitioner versus a respondent docket plaintiff versus a defendant case typein the Escobar case, Universal Health Services, Inc Petitioner v. United States and Massachusetts, es rel. Julio Escobar, April 19, 2016. This unit treated the relators’ allegations in this case as presenting legally false claims. Explain why the relators’ allegations in the case could actually be viewed as presenting factually false claims.Use the following 6-section format for the brief and analysis of federal trade commission v. check investors inc (2007): Support for case: https://caselaw.findlaw.com/court/us-3rd-circuit/1325043.html What should be included: Case Citation Statement of Facts Issue (Question) Rule (Statement of the Law) Application Conclusion
- Try to say some of the reasons the dissenting justices argue that the majority opinion is flawed.Which of the following was the court's decision in the Des Moines Flying Servs. v. Aerial Servs. case referenced in the text? Multiple Choice The court reversed the district court's summary judgment dismissing ASI's implied warranty claim. The court affirmed the district court's summary judgment dismissing ASI's implied warranty claim. The court reversed the district court's summary judgment dismissing ASI's express warranty claim The court affirmed the district court's summary judgment dismissing AST's express warranty claim The court remanded the case to the district court fo rehear the merits of DMFS's express warranty claim.Which of the following is NOT true of criminal fraud cases? A. It is easier for the prosecution to prevail in a criminal case than it is for the plaintiff to prevail in a civil case. B. Juries generally must rule unanimously on guilt. C. The burden of proof is beyond a reasonable doubt. D. The government/prosecution has the burden of proof.
- Congress makes a new law concerning the use of personal flight vehicles in public airspace. Which of the following would most likely happen? Congress creates the law and expects citizens to adjust to the law as necessary. Congress creates the law along with a federal agency to administer it. Congress itself monitors the law and adds details to it as necessary. Congress passes the law and leaves enforcement of the law to the President Which of the following is the correct definition of controlling output? Conspiring to manipulate the price of goods and services. Conspiring with another party to provide goods to specific, separate areas. Conspiring to fix prices by limiting the number of products sold. Conspiring to refuse dealings with another business.Leonardo has a house on the beach in California. The state wants to expand public beaches and subsequently takes Leonardo’s house, paying him $20,000 even though the house is worth $500,000. Leonardo can argue (A) that his First Amendment rights were violated; (B) that his Fifth Amendment rights were violated; (C) that his Eighth Amendment rights were violated; (D) that his Tenth Amendment rights were violated. Answer:______ Explanation: Only typing answer1. The chief way that administrative agencies exercise real power is throughrule making, or deciding how a law will operate in practice.judicial interpretation, or mandating the constitutionality or unconstitutionality of a new statute.hiring and firing government personnel in the name of efficiency and effectiveness.testifying before Congress on the merits or demerits of a proposed regulation or law.None of the answers are correct.2. Which of the following is an inaccurate statement about Americans’ exposure to news?The Internet’s news content is the main reason why people make use of the Internet.Most people do not follow the news on a daily basis.People who follow the news closely are generally better informed about politics than those who do not.Young people are less likely than older people to follow the news closely.Americans today are getting their news from a wider variety of sources than they did a few decades ago.3. The writers of the Constitution used the term…
- Define the Parol Evidence Rule. What does the “four corners” directive state? What exceptions, if any, does the rule allow?Now explain what would be Harvey's best argument in response to the argument on provocation? In other words, argue on behalf of Harvey that there was no provocation of the dog. (Messa v. Sullivan)Which of the following would NOT be an appropriate scenario in which to overcome stare decisis? O Telemarketing laws in the past allowed marketers to contact consumers without approval. Recent legislative efforts have changed these statutes and any court hearing a case in this area does not have to follow these outdated statutes. O Justice Fitzgerald disagreed with the lower court's decision on healthcare initiatives, even though the lower court's decision followed Medicare law. Justice Fitzgerald wishes to not follow precedents due to his own personal beliefs. Q The trial court ruled incorrectly in a consumer fraud case. Explicitly refuting the trial court's reasoning, an appeals court - which was hearing the appeal from that trial court decision overturned the trial court. The appeals court did sod on the grounds that trial court decision was based on an erroneous reading of the laws. O The Fourth Circuit has consistently held that all businesses must register with the state to…