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WEEK 7 DISCUSSION – “Stare Decisis” and the “Judicial System” Please respond to the following:
- Define and explain what personal jurisdiction and subject matter jurisdiction mean and how these terms are relevant to one who does business in different states. What about a business that engages in international dealings, which court could the business be sued in and why? Provide support for your answers.
- Each year, the U.S. Supreme Court issues around 100 legal decisions. The decisions are final interpretations of the law because of the Doctrine of Stare Decisis. Explain Stare Decisis and select one U.S. Supreme Court decision issued in the past year relating to the regulation of business or likely to influence business today and provide your thoughts on whether you agreed or disagreed with the Court’s opinion. Support your position and include your sources for information and cases. Remember the focus of this discussion is how the decisions by the Supreme Court can affect a business and doing business today! …….. This is the student response The two types of court jurisdictions in the US are personal jurisdiction and subject matter jurisdiction. These differ in certain aspects, such as:
- Personal jurisdiction states that a court has power over people sued. This means that courts have the right to make decisions for the solicited person in their best interests. It is more difficult to determine. It has four categories, which are presence, domicile, consent, and minimum contacts.
- Subject matter jurisdiction is more apparent than the other type of jurisdiction, for it is easier to determine. In this jurisdiction, the court has the power to hear cases of a specific subject matter, such as a domestic violence court has the potential to listen to domestic violence cases.
The doctrine of the Stare decisis signifies “to stand by things decided.” It refers to a principle that is pre-stated but can be changed in the future. In a case, courts have to look in the past a similar scenario to have a guide for their verdict (precedent). This doctrine is used in all types of courts and jurisdictions. The inner meaning of this doctrine is that courts must look for any precedent of the case when making a decision.An example is the case of Brown v. Board of Education of Topeka. The case was about racial segregation in public schools. The case was relying on the precedent of the Plessy v. Ferguson, which refers to the statement that racial discrimination is not a violation of the Fourteenth Amendment. SOURCES:https://litigation.findlaw.com/filing-a-lawsuit/pe…https://www.law.cornell.edu/wex/stare_decisishttps://www.history.com/topics/black-history/brown… this catherine pedro
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