On June 15, a newspaper columnist predicted that the coast of State X would be flooded on the… 1 answer below »

On June 15, a newspaper columnist predicted that the coast of State X would be flooded on the following September 1. Relying on this pronouncement, Gullible quit his job and sold his property at a loss so as not to be financially ruined. When the flooding did not occur, Gullible sued the columnist in a State X court for damages. The court dismissed the case for failure to state a cause of action under applicable state law. On appeal, the State X Supreme Court upheld the lower court. Three months after this ruling, the State Y Supreme Court heard an appeal in which a lower court had ruled that a reader could sue a columnist for falsely predicting flooding.

a. Must the State Y Supreme Court follow the ruling of the State X Supreme Court as a matter of stare decisis?

b. Should the State Y lower court have followed the ruling of the State X Supreme Court until the State Y Supreme Court issued a ruling on the issue?

c. Once the State X Supreme Court issued its ruling, could the U.S. Supreme Court overrule the State X Supreme Court? d. If the State Y Supreme Court and the State X Supreme Court rule in exactly opposite ways, must the U.S. Supreme Court resolve the conflict between the two courts?

 

 

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