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Stare decisis, Exclusionary rule and "tainted fruit" rule

1.) The idea of stare decisis, which is rooted in common law, is one of the key concepts for our current legal system. What do you believe are the pros and cons of this concept of precedent?

2.) What relationship does the exclusionary rule have with the rule of tainted fruit? Do you agree with these rules? Why or Why not?

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1.) The idea of stare decisis, which is rooted in common law, is one of the key concepts for our current legal system. What do you believe are the pros and cons of this concept of precedent?

Stare decisis, the basis of law in the United States and other countries, is simply, law based on prior case judgments. This is as long as it does not contradict the normal principles of law. Precedents happen when a case is brought before the courts and decided, then left untouched or upheld by higher courts of law. Judges decide based on what prior judges decided and cases are argued based on those previously held judgments.

The pros of stare decisis include the tradition and the expertise of others. The tradition of stare decisis, comes from the common law on which American law is founded. The previous decisions are based on the most basic principles of law. Not every decision is perfect, but in each case, the basic principles of fairness and stability is the key to their continuing use. Traditions build culture and society. Knowing the rules are going to be followed and the enforcement will also be followed are keys to knowing what is acceptable societal behaviors. Traditions give a citizen identity of what will be tolerated.

The second pro comes from the very act of using precedents. Using the decisions of previous judgments helps the law become certain. If the ...

Solution Summary

Discussions of the subjects of stare decisis, exclusionary rule, and "tainted fruit" rules based on questions supplied in assignment.

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