Assignment Introduction:

The doctrine of stare decisis means that courts are obligated to rely upon precedent when deciding similar cases. Black’s Law Dictionary defines precedent as a rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases (Garner, 1999). This is an important element in the American judicial system because it helps establish consistency. Consistency helps people know what to expect from the court in future cases.

Garner, B. (1999). Black’s law dictionary (7th ed.). St. Paul, Minn.: West Group.

This Assignment has three parts:

1. Research a case of first impression where the court establishes precedent. Write a summary of the facts of the case and the new rule that the court sets forth. Explain which courts are obligated to follow the new rule.
2. Research a subsequent case that uses the precedent you located in the first part of this Assignment. Write a summary of the facts of the case and how the court applies stare decisis . Be sure to cite to exactly where in the case the court discusses application of the rule established by the prior court.
3. Research a case where the court refused precedent and overturned an established rule. Write a summary of the facts of the case and the court’s reasoning for refusing to apply stare decisis .

Required Criteria:

In addition to fulfilling the specifics of the Assignment, a successful paper must also meet the following criteria:

• Length should be 3–4 pages excluding cover page and references page.
• Double spaced and 12-point font
• Viewpoint and purpose should be clearly established and sustained.
• Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).
• Writing should be well ordered, logical, and unified, as well as original and insightful.
• Your work should display superior content, organization, style, and mechanics.
• Appropriate citation style should be followed.

Grading:

Please review the Assignment grading rubric in Course Documents for more information on how your Assignment will be graded.

Submitting Your Work:

Put your responses in a Word document. Save it in a location and with the proper naming convention: username-Course Name-section-Unit x_Assignment.doc (username is your Kaplan username, section is your course section, x is your unit number). When you are ready to submit, select the unit dropbox.

To view your graded work, come back to the Dropbox or go to the Gradebook after your instructor has evaluated it. Make sure that you save a copy of your submitted work.

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