09. The Law of Precedent
The Prosecutors: Legal Briefs
PodcastOne
4.4 • 1.9K Ratings
🗓️ 28 July 2022
⏱️ 44 minutes
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| 0:00.0 | I'm Alice and I'm Brett and this is the prosecutor's legal police. Oh, Welcome back everyone to the prosecutor's legal briefs. I'm Alice and I'm |
| 0:40.0 | joined as always by my enchanting co-host Brett. |
| 0:44.6 | Oh, enchanting. |
| 0:45.8 | I have cast a spell over you, Alice. |
| 0:48.7 | Force you to say nice things about me. |
| 0:51.1 | Well, there you go. I mean, kind of on that theme of, you know, a spell of going on the same path. |
| 0:57.9 | We have a riveting topic today, Brett. |
| 1:01.0 | I know something that all of you are just on the edge of your seat |
| 1:04.4 | waiting for and I'm not kidding about this because once we start talking about it I |
| 1:07.4 | think you will see why it's riveting and that is the law of precedent. |
| 1:12.7 | Precedent, yeah. |
| 1:14.7 | So we've talked a lot of our Supreme Court cases |
| 1:16.6 | on this podcast. |
| 1:17.6 | And in pretty much every, not just Supreme Court case, |
| 1:21.6 | but a lot of the cases we've talked about at some point we've talked about a decision getting overruled |
| 1:26.4 | So for instance if you think about we talked about dual juries that came about because of a precedent that got overturned and you see the |
| 1:36.0 | Supreme Court do that sometimes and people who are not lawyers they don't |
| 1:40.3 | really understand how that works and we've got a lot of questions about how does all this work, |
| 1:45.8 | if they can just overturn something at any time, |
| 1:49.0 | how can you ever feel like you have any security in the law or what the law means which are all great |
| 1:54.8 | questions and so we decided let's talk about precedent and how it works. |
| 1:58.6 | Yeah absolutely and you know you may have heard the word precedent. You may have heard stare decisis. You may have heard binding precedent and all these terms that are being thrown around. And we want to kind of just tease out what each of those terms are when you hear them on the news or you read them in court opinions. |
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