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legislative efforts have changed these statutes and any court hearing a case in this area does not have to follow these outdated statutes.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 provide professional services, while the Seventh Circuit only requires registration for medical professions. The Supreme Court heard an appeal based on this issue, and established its own test for professional service companies, reconciling the difference between the conflicting Circuits. O The Supreme Court was presented with a case regarding the "separate but equal" doctrine in the segregation of races in public schools. The Court overruled this doctrine and held that times have changed, overcoming precedents in school segregation.
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legislative efforts have changed these statutes and any court hearing a case in this area does not have to follow these outdated statutes.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 provide professional services, while the Seventh Circuit only requires registration for medical professions. The Supreme Court heard an appeal based on this issue, and established its own test for professional service companies, reconciling the difference between the conflicting Circuits. O The Supreme Court was presented with a case regarding the "separate but equal" doctrine in the segregation of races in public schools. The Court overruled this doctrine and held that times have changed, overcoming precedents in school segregation.
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