Describe the concept of stare decisis.
What will be an ideal response?
Stare decisis is a judicial decision-making process in which courts follow the
reasoning and decisions of earlier courts when presented with a similar fact situation unless a
clear, convincing reason exists to depart from the established precedent. This creates a
consistency in the law.
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What were the factors that caused Georgia's death penalty law to be declared unconstitutional in Furman v. Georgia (1972)? What were the factors in Georgia's new law that caused it to be upheld in Gregg v. Georgia (1976)?
What will be an ideal response?
An attorney could lose his/her license or have it suspended as a result of a legal assistants' act or failure to act
Indicate whether the statement is true or false
Counsel has a duty to effectively communicate discovery obligations to the client, which may entail putting a _____________ on potentially discoverable documents
A. Discovery breach B. Spoliation alert C. Litigation hold D. Delay
How does the "slippery slope" argument affect decisions made by the courts?
What will be an ideal response?