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Medical malpractice suits are good examples of ___ cases

A) Tort
B) amicus curaie
C) Habeas corpus
D) stare decisis

User Ylev
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Final answer:

Medical malpractice suits are examples of cases where the legal principle of stare decisis, which refers to upholding previous court decisions as precedent, is applied to maintain consistency and stability in law.

Step-by-step explanation:

Medical malpractice suits are good examples of legal precedent cases, which in legal terminology is referred to as stare decisis. This is a principle that encourages courts to follow the rulings and logic of earlier decisions in similar cases to maintain consistency and stability in the law. Medical malpractice suits deal with complex issues of liability and negligence, challenging courts to apply existing precedents while considering if new precedents should be set. When judges rule on these cases, they examine the similarities to previous cases and apply the rule of law as established by those precedents. However, when existing protocols or legal principles fail to protect rights or address wrongs adequately, courts have shown a willingness to overturn precedent for the advancement of human rights, civil liberties, or rectifying legal oversights.

Stare decisis essentially means "to stand by the decision" and ensures that the legal system is predictable and fair. It's instrumental in the application of laws from the Constitution and the Bill of Rights to specific situations, as it establishes legal standards and guidelines for judges to follow. Nevertheless, stare decisis is not inflexible, and the courts may deviate from this principle in the face of changing societal norms or legal understandings, such as the shifts observed in landmark decisions like Plessy v. Ferguson and Brown v. Board of Education.

User Kander
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