When Justice Black refers to Giboney v. Empire Storage & Ice Co. in the dissenting opinion for Tinker v. Des Moines, which kind of reasoning is he using to support his argument? A. Judicial review
B. Faulty
C. Parallelism
D. Precedent
Question & Answer
When Justice Black refers to Giboney v. Empire Storage & Ice Co. in the dissenting opinion for Tinker v. Des Moines, which kind of reasoning is he using to support his argument?
1 Answer
Verified archiveThe correct answer is D. Precedent.
Justice Black references Giboney v. Empire Storage & Ice Co. to illustrate a legal principle established by a past court decision that supports his argument. This use of prior case law to justify or inform his reasoning exemplifies the concept of precedent. Precedent allows courts to decide current cases based on the established rulings of earlier cases, ensuring consistency in the law.
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