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Problem solving - Assignment Example

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Therefore, making a ruling based on the stare decisis implies that the case the court will dismiss the suit. The stare decisis…
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Problem solving
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Problem Solving Part 6: Spotlight on AOL-Common law In other cases witnessed in the past, the California courts have made a declaration that the AOL clause contravenes a very strong public policy. Therefore, making a ruling based on the stare decisis implies that the case the court will dismiss the suit. The stare decisis doctrine provides that the new case determinations should have reference to precedent decisions (Miller and Gaylord 6). Under the stare decisis doctrine, whenever a court decides to adhere to its principles, then it follows that the court has to make a ruling based on those principles that the doctrine subscribes to.

Therefore, the relevant binding authorities will lead to the dismissal of the case under the doctrine. Part 1-7: The Dormant Commerce ClauseThe dormant commerce clause has it that the power the commerce clause gives to the Congress has negative implications that prohibit the state from passing any legislation discriminating against the interstate commerce (Miller and Gaylord 14). Therefore, in light of the dormant commerce clause definition, Puerto Rico law potentially violates the clause. The reason for this violation is that Puerto Rico law prohibits both the sale and distribution of cement manufacture outside not having the require label.

Thus, Antilles Cement Corp has legal grounds suitable to win the complaint it filed against Puerto Rico because the clause is in full support of the interstate commerce. The case files against Puerto Rico if determined using the provisions of the clause will make Puerto Rico lose at the end of the legal proceedings. Works citedMiller, Roger L. R, and Gaylord A. Jentz. Business Law Today: The Essentials : Text &Summarized Cases-E-Commerce, Legal, Ethical, and International Environment.Australia: Thomson/South-Western West, 2012. Print.

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