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Tuesday, April 27, 2010

Ind. Law - "Respect, tradition are hallmarks of legal system"

The Evansville Courier & Press is publishing two articles this week "penned by" The Evansville Bar Association's Editorial Board on this year's theme for Law Week -- "Law in the 21st Century: Enduring Traditions, Emerging Challenges." Here are some quotes from the first article:

One very important legal tradition is showing respect to the court before which a person appears. Attorneys are expected to dress in appropriate business attire. This tradition may have roots in historical England, where, for centuries, judges and lawyers donned special robes and powdered wigs for court appearances. * * *

Respect is also shown through use of traditional words and phrases, which may sound as if lawyers and judges are speaking their own language. Words and phrases like "sustained" and "permission to approach the bench," "may it please the Court" are not heard in every day conversation. These are used to show respect for the court, respect for opposing counsel, and respect for our system of justice.

The presentation of a case is governed by a detailed and extensive set of rules to ensure reliable information is presented in an orderly fashion. For example, rules of evidence establish what the judge or jury is permitted to consider, and rules of procedure ensure each party to the lawsuit has an adequate opportunity to present its case. * * *

The American legal system even requires that courts show respect for each other, by honoring the prior decisions of higher courts.

This idea is called stare decisis, part of a Latin phrase meaning "maintain what has been decided," which means that the decision of a higher court is binding on a lower court in the same jurisdiction.

For example, a judge in the Vanderburgh County Superior Court is bound by a decision of the Indiana Court of Appeals, which is bound by a decision of the Indiana Supreme Court, and each of those courts would be bound by an applicable decision of the United States Supreme Court.

If a higher court has previously spoken on the issue at hand, a lower court has no power to decide differently. In fact, the lower court's decision, if it is not in accordance with the higher court, is in error and can be appealed.

Stare decisis helps create consistency within a jurisdiction. Without it, courts on the same level could reach different decisions on the same issue.

However, the use of stare decisis has certain limitations. The facts of one court case are rarely identical to the facts of another, even if they are similar types of cases.

Differences, often seemingly insignificant ones, may allow a party to argue that a previous ruling is not binding on his case because, as the argument goes, the higher court in the prior case would have reached a different conclusion if they were ruling on the facts of the pending case.

Thus, one of the challenges the courts have always faced, and will continue to face, is showing respect for a previous decision, while avoiding application of that decision where it was not intended.

[More] The Indiana Supreme Court is hosting an interactive re-enactment of a U.S. Supreme Court case with Indiana students to mark Law Day. “The Stories Behind Brown v. Board of Education” will be performed with approximately 200 Indiana students during two performances at the Indiana State House, Friday, April 30th, 10:00 a.m. EST and 12:30 p.m. EST. More information here.

Posted by Marcia Oddi on April 27, 2010 08:53 AM
Posted to Indiana Law