In 1994, when the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents, it found a duty of care to avoid providing alcohol to underage consumers. If in 2017 a plaintiff from Flagstaff, Arizona brings a lawsuit in an Arizona state trial court against a student group at an Arizona university for providing alcohol to members under the legal drinking age, will the Hernandez v. Arizona Board of Regents case serve as precedent (assuming no court has overturned it) ? a. No, because there are probably different facts. b. No, because the states do not have to apply precedent. c. Yes, it will be used as precedent and it is binding. d. Yes, but only if they want to use it; it is not binding on any other court.

Question

Jazlynn Hanna

Social Studies

13 March, 21:37

In 1994, when the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents, it found a duty of care to avoid providing alcohol to underage consumers. If in 2017 a plaintiff from Flagstaff, Arizona brings a lawsuit in an Arizona state trial court against a student group at an Arizona university for providing alcohol to members under the legal drinking age, will the Hernandez v. Arizona Board of Regents case serve as precedent (assuming no court has overturned it) ? a. No, because there are probably different facts. b. No, because the states do not have to apply precedent. c. Yes, it will be used as precedent and it is binding. d. Yes, but only if they want to use it; it is not binding on any other court.

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Answers (1)

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Vivian · Answer 1

c. Yes, it will be used as precedent and it is binding.

Explanation:

Once a precedent has been set in a superior court, it serves as a common law binding on all lower courts in making decisions in cases similar to it within that territory. The Arizona Supreme Court is superior to the Arizona state trial court and as such any precedent set at the state superior court must be following in making decisions in a lower court. this known as a binding precedent.