Stare Decisis Case Study

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ALEC stands for “American Legislative Exchange Council” and is working as a law making agency. It was established in 1975 in Chicago (USA) and today it is working in about 50 states of the USA with headquarter in Washington DC. The agency’s mission is to “advance the fundamental principles of free-market enterprise, limited government, and federalism at the state level”. This closely ties with the organization’s motto of "Limited Government, Free Market, and Federalism”. The agency mainly comprises of over 2,000 legislators, 85 members of congress and many more from business entities and foundations that formulate legislations for state legislature section over and many more corporate and private-sector members.. All the stakeholders are of…show more content…
“Stare decisis” literally means “to stand by decided matters”. This phrase “stare decisis” is an abbreviation of the Latin words “stare decisis et non quieta movere” which implies “to stand by decisions and not to disturb settled matters”. According to this doctrine, the decisions passed at a higher court within the same jurisdiction provincials, act as binding authority on a lower court within that same jurisdiction. The decisions of a court of another jurisdiction only act as persuasive authority. The court, therefore, will dismiss the case when the doctrine is applied since the defendant will argue their case based on the persuasiveness of the lower court or private court’s rulings. 1-7.The dormant Commerce Clause Purto Rico enacted a law in 2001 that sought for specific labels on cements sold in the state with a penalty on any company that violated the requirements. Similarly, the enacted law prohibited the sale of cements from outside the state. Antilles cement firm that imports from outside the stated filed a case in the court with claims that the enacted law violated the dormant commerce…show more content…
Why or why not? The law did not violate the dormant commerce law since it is clear in its provisions that, “it expressly grants Congress the power to regulate commerce "among the several states." The idea behind the dormant Commerce Clause is that this grant of power implies a negative converse — a restriction prohibiting a state from passing legislation that improperly burdens or discriminates against interstate commerce. The restriction is self-executing and applies even in the absence of a conflicting federal
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