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Stare Decisis / Binding Precedent

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Focus on the concept of stare decisis and the landmark decision of Roe v. Wade.

IMPORTANT NOTE:

The key to this discussion is stare decisis, not abortion! Therefore, please leave personal attacks, religion, and politics out. This case was selected in order to focus your attention on legal reasoning, despite your personal beliefs. In the realm of law and ethics, you will be expected to address controversial issues. This assignment will help you rely upon facts, data, and legal precedent, instead of personal convictions. Therefore, any posts that fail to address stare decisis as the main issue will not be accepted, draft arguments that Roe v. Wade is settled law under the concept of stare decisis.

*Please provide references

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Solution Preview

Stare decisis is Latin for "to stand by a decision." Legally, it means that courts are bound by previous decisions, or precedents, particularly when a case has been decided by a higher court. Because Roe v. Wade was decided by the United States Supreme Court, all other courts are bound by the decision from the standpoint of the doctrine of stare decisis.

Even Chief Justice John Roberts, himself a social conservative, testified at his confirmation hearings that Roe v. Wade is "settled as a precedent of the court, entitled to respect under principles of stare decisis."

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Solution Summary

Explains the legal concept of stare decisis, also known as binding precedent. Uses Roe V. Wade as the example.

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Legal/ethical heallthcare

I need a little more insight on these questions, I have many like these and I would like a little more help one is a scenario.

1. Why is law not an exact science?
What are the implications for healthcare?

2. describe beneficial effects to our system of law gained from the principle of stare decisis.

3. Justify your decision-making concerning the following situation:
You are a paramedic arriving at an emergency scene. A group of scouts have entered a cave that is now filling with water. They were led into the cave by a rather large scoutmaster. Unfortunately, while leading them out of the cave, the scoutmaster somehow managed to get stuck in a narrow opening with only his head and shoulders protruding out. With his upper torso stuck outside the cave, it appears the scoutmaster will survive, but all the boys below will drown if they cannot escape.
After you have checked all possible escape routes and have attempted to extricate the scoutmaster, it becomes clear that the only way to save the boys is to sacrifice the scoutmaster, so he can be removed. This is, unfortunately, not the Winnie the Pooh story where Rabbit has the option of waiting until Pooh loses weight. What is the correct action for this case?
First, justify your decision using duty-oriented reasoning.
Second, justify your decision using consequence oriented reasoning.
Third, justify your decision using virtue-ethics reasoning

on your analysis, consider what might be the ultimate dilemma of ethics? Based on your consideration, answer the following questions: What happens when we apply differential standards (all valid) to healthcare decisions? How do we determine who is ultimately right when different decisions are reached?

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