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10 pages/β‰ˆ2750 words
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APA
Subject:
Law
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Research Paper
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English (U.S.)
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Topic:

Legal Research Paper: Stare Decisis

Research Paper Instructions:

Legal Research Paper
The following is a summary of the requirements for your Legal Research Paper for this course:
1. You should choose a legal topic that you are interested in. It can be a topic that we have/will cover in this course, but you are allowed to choose any legal topic that you wish.
2. If you have difficulty choosing a topic please feel free to discuss with me. I will give you several alternatives to research. You do not have to have your topic approved.
3. Your paper should include, but is not necessarily limited to:
a. A factual summary/description of the legal topic.
b. A historical analysis of your legal topic.
c. At least 3 relevant cases that are integral to your legal topic and a brief of each.
d. Give your opinion of the topic, its history, and what you think the future might bring for your topic.
e. A reference page with at least 5 sources.
4. Your paper should be 10-12 pages in length – double spaced, 1” margins, font size 11 or 12.
5. You must cite your work but may choose any method that you wish. Please contact me if you have any questions.
The following are discussion questions in the class. You can learn from them and write a new topic according to what you are good at. Or you can just create a new one.
1: Explain the concept of "stare decisis" and give your opinion regarding the circumstances under which a judge should divert from precedent. (if ever)
2: 2 Part Question: 1) You're an attorney who wants a change of venue for your client. List as many reasons that you can think of to justify this request. 2) You're an attorney whose client has been denied standing in a case. List several arguments that you could make on your client's behalf.
3: Briefly explain the three different forms of protected speech under the First Amendment. (symbolic, corporate political, commercial) Which is afforded the most protection by the courts and why?
4: At the beginning of class one day, the professor says to the class, "This class is so engaging that I feel like I really get something out of teaching you. Therefore, I have decided to give each student $10,000. I will give this money to each of you during our next class." Before the class meets again, the professor changes his mind and decides not to give the money to the students. When he informs the students of his decision they are not happy. Some of the students decide to sue the professor for breach of contract. Who wins this case (the professor or the students) and why?
5:
List the requirements of a valid offer and give a brief example to explain each. Also, briefly explain the different ways an offer can be terminated.
6: Ch.1: Law and Legal Reasoning
7:Ch.2: Courts and Alternative Dispute Resolution
8: Ch.4: Business and the Constitution
9: Ch.10 - Pt.1: The Formation of Contracts
10: Ch.11 - Part 1: Contract Performance, Breach, and Remedies
11: Ch.8: Intellectual Property Rights
12: Ch.23: Real and Personal Property
13: Ch.5 - Torts - Intentional Torts
14: Ch.5 - Negligence
15; Ch.5 - Strict Liability / Product Liability
16: Regarding distinctiveness of trademarks, describe the four categories , their relative strengths, and give examples of each.
17: Describe tenancy in common and joint tenancy and explain the difference between them. Give an example.
This Research paper is so important, please pay more attention to it, which worth 40% of the class. Thank you so much! If you have any questions, please let me know! Thanks!

Research Paper Sample Content Preview:

Stare Decisis
Student Name
Institution Affiliation
Stare Decisis
Stare decisis is a Latin word that means ‘to stand by things decided.’ Stare decisis is a legal doctrine that compels courts to refer to historical cases when making rulings. Stare decisis ensures that cases with similar scenarios are approached in the same way. The United States common law is built in a unified way with stare decisis at its heart thus making precedent extremely important. Precedent is a prior judgment or ruling. A contemporary case without any past reference may become a precedent when a judge passes a ruling on it. Additionally, any ruling made on a similar present case replaces any precedent that was overruled in another case. The policy of stare decisis dictates that courts are expected to go by previous rulings or rulings made by higher courts in the same system. All US courts are expected to go by the Superior court rulings since it’s the highest court in the system. All decisions made by the Supreme Court become binding precedent to all lower courts.
Historical Analysis
The legal doctrine of stare decisis has been applied to the US court system for a long time. Some authors find traces of it in Bracton. Others state that it originally came from Roman Civil Law. Unlike other ancient doctrines, it is easy to perceive the policies dictating stare decisis. The policies are stability, certainty and uniformit treatment for all defendants. According to American minds, a law system doesn’t have stability and certainty would ultimately be faulty. Without stare decisis, it would be hard for citizens to handle their property or go ahead with their daily business if they could not depend on their knowledge of the principles of law that dictate how they are supposed to act. If the courts were free to settle cases as per the wishes of the judges then they would lose all sense of justice or fairness (Emmert, 2012). The integrity of the judicial system would be compromised and the government would be based on men instead of laws. Stare decisis policies were first wholly established in the second part of the nineteenth century in Britain.
This was when the first semi-official reports were made for future reference. When published reports were made available and lawyers and judges had direct access to cases, they could accurately illuminate prior decisions. The real test of stare decisis arises when a judge is convinced that the policy that dictated the decision made in a previous case is wrong and uses it to rule the case before them. Many cases in American history have had cases of disregard for stare decisis. In an attempt to define the American way of thinking, the renown Daniel H Chamberlain stated that, any decision made by a judge or court concerning the law after an argument is authoritative and should be binding in the same court or lower courts as long as the cases share certain traits but the logic of the presiding tribunal can be affected by the passage of time or existing policies thus making the basis of disregarding any precedent moral and intellectual rather than random or inflexible (Emmert, 2012).
The American law therefore does not dismantle values of previous decisions nor argue that more often than...
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