Sunday, April 21, 2019

Article Summary and Reaction Paper Essay Example | Topics and Well Written Essays - 250 words

Article Summary and Reaction wallpaper - Essay ExampleMarvels claim was that its obligations to pay royalty for the patent ceases when the patent expires. Marvel relied on an earliest Supreme Court decision in Brullote v Thys Co., which found that agreements are not enforceable when patents expire. Mr. Kimble asked the beg to overrule its previous decision (Kendall, 2015).The principles of stare decisis provide that courts should adhere to previous precedents of earlier cases. Stare decisis is an authorized aspect of a common law system and follows that once a court answers a question, sequent questions to the court should be answered in a similar manner (Anderlini, Felli, & Riboni, 2014). The courts should seek to follow precedents to maintain the perceptual constancy of the law. The courts should rarely overrule its precedents unless there are strong reasons because doing so sets a new interpretation of a legal issue (Waldron, 2012). In the current case, the court considered overruling the precedent established in Brullote v Thys Co. The obligate showed that the doctrine of stare decisis is binding on subsequent decisions by the court and that a court whitethorn only overrule its precedent if there are good reasons to do

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