The state of NJ is getting ready to decide this issue: Do architects have a duty

Question

The state of NJ is getting ready to decide this issue: Do architects have a duty to contractors and therefore liability to the contractor for negligence? [You do not have to answer this question: continue reading] This case involves private contracts entered into in NJ between The James Smith Company, owner; Samudio Contractors; and F. Downing Corporation, architects. The U.S. Supreme Court had a case several years ago involving the exact same legal issue, except that the parties to the lawsuit were different. The U.S. Supreme Court case involved an appeal on a federal project. Must the NJ Supreme Court follow the decision of the US Supreme Court? Why or why not?

Explanation / Answer

Solution :

The NJ supreme court should follow the decision of the US supreme court and the reasons are explained as follows :

Stare decisis is a term used for " let the decision stand " . It refers to the principle that once a court establishes a legal principle of interpretation , other courts at the same or lower level in the same jurisdiction must apply that principle or interpretation in future cases on substantially the same facts . In other words , when deciding a case , a judge must follow and apply the prior decisions and legal interpretations of courts in that jurisdiction , rather than establish new legal principles or new interpretations .

The United states supreme court is the final interpreter of the United states constitution . All courts must apply Stare Decisis to decisions of the supreme court on matters related to the United States constitution .

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