Compare And Contrast The Precedent Of State Vs Pendergrass
1. The precedent of “Stare Decisis” was adopted in the State vs. Pendergrass. Stare Decisis means stand by what has been decided. An analogy that was used to create precedent in the first place would have been the protection of established authority or the maintenance of hierarchical relationships. The way this precedent was brought about was the idea that children needed to be disciplined if necessary.
2. I don’t think non-hierarchical education would be possible. I feel more people would disobey the rules and more discipline would happen. If you were having a dispute with a teacher the advice I would give you it to listen to the teacher, there has to be a reason why they are having this dispute in the first place. The advice I would give …show more content…
Some similarities I found from Pendergrass and Joyner was that the defendant in both cases used just enough force to not go over the limit and or cause permanent injury. The differences are one was fighting the wife and the other was defending himself from the wife. The past cases made a precedent that fights do not constitute good enough reasons for a public divorce. I think the result in State v. Black was preordained and unavoidable based on previous cases because “they will not invade the domestic forum or go behind the curtains” (page 11)
4. The precedent charges in the State v. Mabrey several ways. First the court did know if the wife would be an appropriate witness if the crimes were against her. Second the violence was unprovoked. The wife didn’t do anything wrong to deserves to get struck with a switch. The new scope of the precedent is that if the husband had no reason to hurt his wife, then he should not have engaged in the vicious acts.
5. The judge decided the precedent established in previous cases did not apply to this case because the Judge thought the husband was malicious. He may not have stuck or stabbed the wife, but he did say he will kill her if she ever came back and a witness could testify to that. Since malice was involved they overruled the precedent of the State v.
2. I don’t think non-hierarchical education would be possible. I feel more people would disobey the rules and more discipline would happen. If you were having a dispute with a teacher the advice I would give you it to listen to the teacher, there has to be a reason why they are having this dispute in the first place. The advice I would give …show more content…
Some similarities I found from Pendergrass and Joyner was that the defendant in both cases used just enough force to not go over the limit and or cause permanent injury. The differences are one was fighting the wife and the other was defending himself from the wife. The past cases made a precedent that fights do not constitute good enough reasons for a public divorce. I think the result in State v. Black was preordained and unavoidable based on previous cases because “they will not invade the domestic forum or go behind the curtains” (page 11)
4. The precedent charges in the State v. Mabrey several ways. First the court did know if the wife would be an appropriate witness if the crimes were against her. Second the violence was unprovoked. The wife didn’t do anything wrong to deserves to get struck with a switch. The new scope of the precedent is that if the husband had no reason to hurt his wife, then he should not have engaged in the vicious acts.
5. The judge decided the precedent established in previous cases did not apply to this case because the Judge thought the husband was malicious. He may not have stuck or stabbed the wife, but he did say he will kill her if she ever came back and a witness could testify to that. Since malice was involved they overruled the precedent of the State v.