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Question 34 According to the doctrine of stare decisis, _____. the constitutional prohibition of ex post...

Question 34

  1. According to the doctrine of stare decisis, _____.

    the constitutional prohibition of ex post facto laws applies to common or decisional law

    a legislature cannot override stare decisis and change a common law rule by enacting a statute

    the highest appeals court in a jurisdiction cannot overrule a precedent case

    a court has considerable freedom in picking precedent cases

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Answer #1

Ans: a court has considerable freedom in picking precedent cases

Explanation: Stare decisis does not render law rigid and unchanging. A court has considerable freedom in picking precedent cases. Seldom are all of the facts in a case exactly the same as in an earlier case. Therefore, the judge or lawyer can choose, within limits, which facts to emphasize and which to disregard in seeking precedent cases.

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