On May 20, Arnie Walters's car crashed into a train owned and operated by the Regional Transit Authority at its crossing in Smithville.As a matter of law, the court found that the "Smithville crossing is extremely hazardous and unreasonably dangerous." On December 1 of the same year, Ole and Anna Hanson ran into an RTA train at the same crossing.Does the doctrine of stare decisis require that the court in Hanson accept the conclusion announced in the Walters case?
A) Absolutely because the issue is well settled.
B) Yes, and the trial court should grant defendant's motion to dismiss for failure to state a claim.
C) Yes, and the trial court should grant summary judgment for the RTA.
D) No, because stare decisis relates to principles of law by which conduct is governed, not to a decision based on a mixed question of law and fact.
Correct Answer:
Verified
Q20: Common law systems rely on judge made
Q21: Laws and governmental actions that violate a
Q22: A state statute prohibits the carrying on
Q23: Legislative powers include
A) raising taxes.
B) nominating judges.
C)
Q24: Civil law systems reject
A) precedent.
B) juries in
Q26: Before the U.S.Constitution was adopted, police power
Q27: A Kentucky court was confronted with the
Q28: A decision by a court of final
Q29: In State v.Butler, the Supreme Court of
Q30: The problem with ex post facto laws
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents