American Legal Heritage: Please Respond To Both Of The Follo

American Legal Heritage Please Respond To Both Of The Following W

"American Legal Heritage" Please respond to both of the following: · What are the differences between the two (2) concepts of stare decisis and legal precedent? As a paralegal why do you think it is important to understand both concepts? How would you explain the impact of these principles to the client? Give an example you would use to clarify how they operate. · There are various sources of law in the US. Identify a particular right or obligation that you know something about, describe what it involves, and then explain where it comes from. If you wanted to amend the particular law/regulation, how would you propose to do it?

Paper For Above instruction

The concepts of stare decisis and legal precedent are fundamental to understanding the functioning of the American legal system. While they are closely related, they possess distinct differences that are crucial for legal practitioners, especially paralegals, to grasp. Stare decisis is a legal doctrine that mandates courts to follow established rulings from previous cases within the same jurisdiction to ensure consistency and stability in the law. On the other hand, legal precedent refers to the actual judicial decisions that serve as authoritative rules for future cases. Essentially, stare decisis is the policy or principle that guides courts to adhere to precedent, which comprises the past judicial decisions themselves.

Understanding both concepts is vital for paralegals because it enables them to assist in legal research, predict potential case outcomes, and advise clients accurately. For example, if a client faces a contractual dispute, a paralegal must identify relevant precedents where courts have previously interpreted similar contract clauses. This understanding helps in crafting legal arguments that align with established jurisprudence. Explaining these principles to clients involves emphasizing that courts follow previous decisions to maintain consistency. For instance, if a court previously ruled a specific way on a similar issue, it is likely to follow that ruling unless there is new legislation or a significant change in legal understanding. An example could be a case where a court upheld a particular environmental regulation, setting a precedent that future cases about similar regulations will likely follow.

In addition to judicial doctrines, the U.S. legal system draws from various sources of law. These include statutory law, case law, constitutional law, administrative regulations, and common law. For example, regarding rights, the right to free speech is protected under the First Amendment of the U.S. Constitution. This right involves the freedom to express opinions without government censorship or restraint. It originates from constitutional law, specifically the Bill of Rights, ratified in 1791, which enshrines fundamental liberties for individuals.

If I wished to amend a law concerning free speech, such as expanding or clarifying its scope, the process would involve proposing a constitutional amendment or legislative change. To amend the Constitution, a proposal would need to be introduced either by two-thirds of both houses of Congress or through a constitutional convention called by two-thirds of the state legislatures. Following proposal, ratification requires approval by three-fourths of the states. Alternatively, a legislative body can pass new statutes or amendments to existing laws to refine the application of free speech rights. For example, recent debates around social media regulations and online speech could prompt legislative amendments to address modern communication platforms' unique challenges.

In conclusion, understanding the differences between stare decisis and legal precedent helps legal professionals navigate case law effectively and advise clients appropriately. Recognizing the origins and processes involved in amending laws ensures that legal practitioners can contribute to the evolution of the legal system in a manner that aligns with constitutional principles and societal needs.

References

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