Schauer Ch. 3

Question 1

Describe the difference between vertical and horizontal precedent

Answer 1

Vertical precedent refers to higher courts setting precedent for lower courts
Horizontal precedent refers to courts considering decisions made by courts of equal authority

Question 2

What arguments have been made to justify having a legal system in which courts must follow precedent?

Answer 2

Stability and predictability, respect for judicial process, consistency and fairness, and efficiency

Question 3

Describe the reasoning and outcome of MacPherson v. Buick Motor Company

Answer 3

The court held that manufacturers owe a duty of care not only to the immediate purchaser of their products but also to foreseeable end users and its outcome departed from the privity requirement and influenced the development of product liability law

Question 4

Describe the reasoning and outcome of Donoghue v. Stevenson

Answer 4

The house of lords established the modern concept of negligence by ruling that manufacturers owe a duty of care to consumers and it came after a woman was poisoned from drinking ginger beer contaminated by a decomposed snail

Question 5

Distinguish between the holding of a case and obiter dictum

Answer 5

The holding of a case refers to the legal principle or rule that is necessary to decide the outcome of the case
Obiter dictum, or dicta, refers to statements made by the court that are not essential to the decision of the case at hand

Question 6

In what ways can one avoid following precedent?

Answer 6

Distinguish the case from current precedent based on changes in the law
Argue for overruling precedent by demonstrating its inconsistency with higher authority
Seek legislative action to overturn precedent
Challenge the validity of precedent on constitutional grounds