Legal Question in Admiralty Law in Alabama

Legal Authority

What kind of legal authority must a court follow when it decides a case?


Asked on 3/31/09, 2:58 am

1 Answer from Attorneys

Steve Gordon Gordon & Elias, L.L.P.

Re: Legal Authority

Good morning-

First your listing was placed under Admiralty law. I would direct you to www.offshoreinjuries.com if you need specific discussion.

Generally, the American juducial system follow stare decisis which is latin for the legal proposition that judges are generally obligated to follow prior decisions. If your inquiry is truly sounded in Admiralty, there are "Admiralty" sides of the court which allow not just legal principles to determine an outcome but also equitable decisions may be made as well.

If you are talking about a bench tial wherein the judge determines the outcome of a case rather tthan a jury, he/she still must follow principles that a jury would follow, e.g., a preponderance of the evidence.

To be honest, yur question is not very limiting or very descriptive and one could go on and on trying to determine what you are really asking.

I hope this has helped.

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Answered on 3/31/09, 3:32 am


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