Question
1. Question 11 pts In situations where another judge has already applied the same law to a similar situation, the judge is expected, under the
1. Question 11 pts
In situations where another judge has already applied the same law to a similar situation, the judge is expected, under the doctrines of stare decisis, to follow precedent. In some cases the prior decision is persuasive only, allowing the judge to adopt or reject its decisions, in other cases the prior decision is mandatory and the judge must follow it.
In the following scenario, is the prior decision mandatory or persuasive?
The Supreme Court of the United States issues a decision regarding "search and seizure" under the Fourth Amendment.
Group of answer choices
a. All courts must follow the decision for Fourth Amendment cases with similar circumstances.
b. All courts may follow the decision for Fourth Amendment cases with similar circumstances.
2. In situations where another judge has already applied the same law to a similar situation, the judge is expected, under the doctrines of stare decisis, to follow precedent. In some cases the prior decision is persuasive only, allowing the judge to adopt or reject its decisions, in other cases the prior decision is mandatory and the judge must follow it.
In the following scenario, is the prior decision mandatory or persuasive?
The California Supreme Court issues a decision regarding "search and seizure" under the Fourth Amendment.
Group of answer choices
a. All California state courts must follow the decision for Fourth Amendment cases with similar circumstances.
b. All California state courts and any federal courts in California must follow the decision for Fourth Amendment cases with similar circumstances.
c. All federal courts in California may follow the decisions for Fourth Amendment cases with similar circumstances.
d. Both a and c.
3. In situations where another judge has already applied the same law to a similar situation, the judge is expected, under the doctrines of stare decisis, to follow precedent. In some cases the prior decision is persuasive only, allowing the judge to adopt or reject its decisions, in other cases the prior decision is mandatory and the judge must follow it.
In the following scenario, is the prior decision mandatory or persuasive?
The California Supreme Court issues a decision regarding the California state constitution right to privacy provision.
Group of answer choices
a. All California state courts must follow the decision for cases involving similar circumstances under California's right to privacy provision.
b. All federal courts, in the Supreme Court of the United States, must follow the decision for cases involving similar circumstances under California's right to privacy provision.
c. The California state courts but not the federal courts must follow the decision for cases involving similar circumstances under California's right to privacy provision.
d. Both a and b.
4. In situations where another judge has already applied the same law to a similar situation, the judge is expected, under the doctrines of stare decisis, to follow precedent. In some cases the prior decision is persuasive only, allowing the judge to adopt or reject its decisions, in other cases the prior decision is mandatory and the judge must follow it.
In the following scenario, is the prior decision mandatory or persuasive?
The Ninth Circuit Court of Appeals issues a decision interpreting California state law regarding property rights.
Group of answer choices
a. All state and federal courts must follow the decisions when interpreting California state law dealing with a similar property rights issue.
b. All state and federal courts may follow the decisions when interpreting California state law dealing with a similar property rights issue.
c. All lower federal courts in the Ninth Circuit must follow the decision and state courts may follow the decision when interpreting California state law dealing with a similar property rights issue.
d. None of the above.
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