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Monday, Jan. 16, 2017
Why is one court case referred to as "the law"?Posted Wednesday, September 15, 2010, at 9:56 AM
There was a recent decision on a Court case 'Vernor versus Autodesk' that definitely affects the seconds and aftermarket of software but could also affect the book and music industry. http://pubcit.typepad.com/clpblog/2010/0...
While reading about it in several articles, a lawyer made a comment about other similar cases "In the Ninth Circuit there are a couple of other cases that were heard at the same time as ours, but this decision was decided first, so this is now the law of the Ninth Circuit, so any other decisions that come along have to fit within the parameters that this decision set forth."
This made me wonder why previous cases are considered LAW? Is it 'the law" for other courts or is it just for this Circuit?
Previous rulings should be considered but shouldn't each case considered on its' own merit? Or am I putting too much into the wording "this is now the law"?
From my question you can see one reason why I am not a lawyer.
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Steve Mills and his wife have one daughter. They previously owned two coffee/ice cream shops, currently operate an internet sales company and teach classes, but his primary job involves the paper industry worldwide. Hobbies and interests lie in gardening, photography, recorded music and of course, their pets.
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