Exam 3: Sources of the Law Cases

Obiter dictum is

Higgins v. Emerson Hospital decided that although the legislature had abolished charitable immunity,

The final authority for interpreting state law is

Stare decisis is a Latin phrase meaning

The common law is

The doctrine of judicial restraint

According to Justice Marshall, the Constitution is the law of the land due to the powers conferred by the

The highest authority on the meaning of the U.S. Constitution is

The principle of _______, or the maxim that a judge is bound by prior decisions, is the basis for the common law.

_______ is not binding upon lower courts.

A "case of first impression"

_______ has the characteristics of universal application and future effect.

Treatises and restatements are examples of

The case of Li v. Yellow Cab Co. of California (comparative negligence) is an example of

The remarks, opinions, and comments in a decision that exceed the scope of the issues of the case are called

The doctrine of _______ demands that judges interpret rather than create the law.

In Lynch v. Town of Pelham, the court held that

In United States v. Zhang , the court held that

A court will give weight to decisions of the highest courts of other states when

Scholarly books about the law, or one of its subfields, are known as