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Breach of Warranty

Autor:   •  January 27, 2013  •  Essay  •  393 Words (2 Pages)  •  1,225 Views

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Categorize the sources of law and each corresponding branch of government that apply to this case. Assess the role that each played.

In this case, the source of law could be seen as a legislation issue as the plaintiffs are referring to a form of discrimination. Under due process of law, there is a lack of fairness with allow the physicians to treat their personal patients. This is a matter where a judicial decision must be made to assure that the right move is taking place. Thus meaning this case would fall under the judiciary order to interpret the law that set forth.

Compare how the concepts of due process and stare decisis may affect judicial decisions. In this case, state the ramifications, if any, of these two legal concepts.

The stare decisis is better suited for this case as the parties would have to refer back to decision of a precedent. This is a the type of case that would warrant that measure to take place while due process primarily is base on the fairness of the situation. Due process questions the “right or wrong” aspect of the event under questioning and protect the parties involved.

Categorize the sources of law and each corresponding branch of government that apply to this case. Assess the role that each played.

In this case, the source of law could be seen as a legislation issue as the plaintiffs are referring to a form of discrimination. Under due process of law, there is a lack of fairness with allow the physicians to treat their personal patients. This is a matter where a judicial decision must be made to assure that the right move is taking place. Thus meaning this case would fall under the judiciary order to interpret the law that set forth.

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