Review and summarize the case and determine if “potentially controlling”

Write a 1.5 page, double-spaced, 12-point font paper with APA format/citing or legal citing on the subject listed below. Apply the the information from this week’s reading preparation. Go in depth and explain your findings, application, and results.

Use www.findlaw.com to find a case of your choice. Review and summarize the case and determine if “potentially controlling” authorities are actually controlling.

Respond to the following points:

A. Facts and issues of the case: legally significant?

B. Is the case still good law?

C. Has the case been superseded by more recent, equally authoritative cases, statutes, or rules?

D. Determining the relative weight of controlling authorities

1. Recent controlling authorities

2. Dicta from controlling cases

3. Unpublished opinions

 

preview of the answer..

The principle of stare decisis is a common law principle that requires courts to follow some precedents set by other courts. Potentially controlling authorities are precedents, and that the court are likely not to deviate from because they are considered landmark and important. In this discussion, the case law that will be used is Montgomery v. Louisiana (136 S. Ct. 718 – 2016). The case is about the issue of life sentence without parole for juveniles. Henry Montgomery was convicted in 1963 for the murder of Charles Hunt. Montgomery had committed the crime less than two weeks after his seventeenth birthday. He appealed to the Louisiana Supreme Court and his conviction was reversed..

APA 582 words

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