The Study of Cases : a Course of Instruction in Reading And Stating Reported Cases, Composing Head-Notes And Briefs, Criticising And Comparing Authorities, And Compiling Digests
The book The Study of Cases : a Course of Instruction in Reading And Stating Reported Cases, Composing Head-Notes And Briefs, Criticising And Comparing Authorities, And Compiling Digests was written by author Eugene Wambaugh Here you can read free online of The Study of Cases : a Course of Instruction in Reading And Stating Reported Cases, Composing Head-Notes And Briefs, Criticising And Comparing Authorities, And Compiling Digests book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is The Study of Cases : a Course of Instruction in Reading And Stating Reported Cases, Composing Head-Notes And Briefs, Criticising And Comparing Authorities, And Compiling Digests a good or bad book?
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98, 120 (1885) : "I* is no reflection upon the eminent judges who com- 64 HOW TO CRITICISE CASES. § 6j openly overruled. 1 The attempt to avoid the appearance of overruling a case is due to the habitual conservatism of law- yers quite as much as to conscious respect for the principle stare decisis. It is obviously open to the objection that it conceals, or tends to conceal, what really is being done by the courts. 2 The careful investigator, however, is not misled by courteous language; but he ...is sometimes misled, or at least perplexed, by decisions that profess to follow old cases without a murmur and that really overthrow those cases. 8 § 67. Obsolete. Occasionally, for example where a point involved is the court's view of public policy, a very old decision is weakened by lapse of time 4 almost as if it had been overruled, the reason being that, the original grounds for the decision hav- ing disappeared by change of circumstances, the question if now for the first time litigated would probably be decided otherwise by the same court.
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