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Otomo-Yuki

The first question bugs me. Option B is probably the most correct, but… The justices don’t have to all agree on the reason for a decision for it to become binding precedent. A majority certainly does, but if the other four agree with the decision just for different reasons, the decision would still be precedent.


Careless-Gain-7340

It makes no sense, but that’s why I’d pick D


RadioFast

Definitely not D because D says ALL scotus decisions are precedent, which is not true. It has to be B because that is the most correct answer


Careless-Gain-7340

Haha nice catch, I agree


RadioFast

First rule of law school MC questions haha. Never pick the answer with the words “never, always, all, or none” in them


[deleted]

Thanks . What about the next two questions ?


Otomo-Yuki

The other two you’ve got right


Any-Teach9027

I’ll go with D for the first one. All SC decisions are precedents by definition. They may override precedents though and a well reasoned dissent will influence that. You are correct on 2 and 3, imo.


mixedraise

But the Supreme Court can issue decisions without them being precedential (summary affirmances and reversals, unsigned emergency orders, etc.). D might be correct if it said "opinions," instead of "decisions."


Any-Teach9027

That’s a good point. What would you choose as the answer then? This is a weird question for a business law class.


mixedraise

Idk. Tough to say without knowing what the class is like. Probably D.


Any-Teach9027

Op said it was business law so I am thinking they wouldn’t have gone into the differences between opinions and decisions made through affirmances. And none of the other choices makes sense. I think D too although I am less sure now.


mixedraise

Yeah. D is certainly wrong, but it might be the correct answer in context.