Question

QUESTION 23 Court A hears and decides a case involving a faulty product. Court B hears and decides a case involving a different faulty product. Which of the following best describes the affect stare decisis should have on these two cases? a. Since the products were different stare decisis will not apply b. Court B will follow the Court A decision, only if Court A is a higher court within the same jurisdiction. Court B will follow Court A decision, only if Court A is a higher court. Od. Court B will follow the Court A decision only if Court A is within the same jurisdiction QUESTION 24 In order to meet the requirements of diversity jurisdiction, one must have: a. a federal question b. parties who are citizens of different states C. an amount in controversy exceeding $75,000.00 d.bandc.

Answer 1

Answer (23)

Correct option – b. Court B will follow the Court A decision, only if Court A is a higher court within the same jurisdiction.

Explanation

Stare decisis is a doctrine that obligates courts to follow historical cases having similar scenarios and facts, when making a ruling.

Stare decisis binds courts to follow the precedents of similar cases with in the same jurisdictions.

Under this rule of stare decisis, courts are obligated to uphold their previous rulings or the rulings made by higher courts within the same jurisdiction.

Answer (24)

Correct option – d. b and c.

Explanation

Diversity jurisdiction is a form of jurisdiction in civil procedure in which a district court in the federal judiciary has the power to hear a civil case

To have diversity jurisdiction, there are two requirements:

1. The jurisdictional (controversy) amount exceeds $75,000.
2. No plaintiff shares a state of citizenship with any defendant. I.e. parties should be citizens of different states.