Judicial Decisions or Case Law (a) Define stare decisis. What are its advantages? Disadvantages?…

Judicial Decisions or Case Law

(a) Define stare decisis. What are its advantages? Disadvantages?

(b) What is the distinction between a precedent and dicta in judicial decisions, and how does this distinction relate to stare decisis?

(c) Alex was on a coast-to-coast trip by automobile. While passing through Ohio, Alex had a flat tire. It was fixed by Sam's Turnpike Service Station, and later, while Alex was driving in Indiana, the tire came off and Alex was injured. Alex was hospitalized in Indiana, so he sued Sam in Indiana for the injuries. What rules of substantive law will the Indiana court use to determine if Sam is at fault? Explain.

 

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