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Questions and Answers
In the United States, stare decisis is a legal concept that means courts are bound by their own precedent and must follow previous rulings unless there is a compelling reason to overturn them. True or false: The United States governmental system is based on the concept of stare decisis?
In the United States, stare decisis is a legal concept that means courts are bound by their own precedent and must follow previous rulings unless there is a compelling reason to overturn them. True or false: The United States governmental system is based on the concept of stare decisis?
False (B)
In the United States, stare decisis is a legal concept that means courts are bound by their own precedent and must follow previous rulings unless there is a compelling reason to overturn them. True or false: Stare decisis is a principle applied in the United States legal system?
In the United States, stare decisis is a legal concept that means courts are bound by their own precedent and must follow previous rulings unless there is a compelling reason to overturn them. True or false: Stare decisis is a principle applied in the United States legal system?
True (A)
In the United States, stare decisis is a legal concept that means courts are bound by their own precedent and must follow previous rulings unless there is a compelling reason to overturn them. True or false: Stare decisis allows for flexibility and change in the interpretation of laws?
In the United States, stare decisis is a legal concept that means courts are bound by their own precedent and must follow previous rulings unless there is a compelling reason to overturn them. True or false: Stare decisis allows for flexibility and change in the interpretation of laws?
False (B)
True or false: When parties use alternative dispute resolution (ADR), it is only a mediator who is able to render legally binding decisions.
True or false: When parties use alternative dispute resolution (ADR), it is only a mediator who is able to render legally binding decisions.
True or false: Alternative dispute resolution (ADR) is generally used as an alternative to going to court.
True or false: Alternative dispute resolution (ADR) is generally used as an alternative to going to court.
True or false: ADR methods include negotiation, mediation, and arbitration.
True or false: ADR methods include negotiation, mediation, and arbitration.
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Study Notes
Stare Decisis
- Stare decisis is a fundamental legal principle in the United States that dictates courts are required to follow their own precedents.
- Courts must adhere to previous rulings unless there is a significant justification for overturning them.
- This principle promotes stability and predictability in the legal system.
Application of Stare Decisis
- Stare decisis is indeed a principle integral to the United States legal system.
- It ensures that similar cases yield similar outcomes, reinforcing fairness and justice.
Flexibility in Stare Decisis
- Despite its binding nature, stare decisis allows for flexibility and evolution in legal interpretations.
- Courts can adapt and adjust precedents as societal values and circumstances change.
Alternative Dispute Resolution (ADR)
- ADR serves as a viable alternative to traditional court litigation.
- Common methods of ADR include negotiation, mediation, and arbitration, each offering unique pathways to settle disputes without resorting to court.
Understanding ADR Roles
- In ADR processes, not only mediators participate; arbitrators can also make binding decisions, depending on the specific ADR mechanism employed.
- ADR emphasizes collaborative problem-solving, often resulting in quicker and less costly resolutions than going to court.
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