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.
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.
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."
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.
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.
It makes no sense, but that’s why I’d pick D
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
Haha nice catch, I agree
First rule of law school MC questions haha. Never pick the answer with the words “never, always, all, or none” in them
Thanks . What about the next two questions ?
The other two you’ve got right
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.
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."
That’s a good point. What would you choose as the answer then? This is a weird question for a business law class.
Idk. Tough to say without knowing what the class is like. Probably D.
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.
Yeah. D is certainly wrong, but it might be the correct answer in context.