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Stare Decisis and Legal Precedent
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AP U.S. Government
APG.085 Stare Decisis and Legal Precedent
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An earlier precedent relies on a factual assumption that is not present in the current case. However, a different controlling precedent has the same facts and legal issue as the current case. Which judicial choice best follows stare decisis?
A
Ignore the matching precedent because it is inconvenient.
B
Follow the different controlling precedent that materially matches the current case.
C
Treat all precedent as unusable whenever two cases are cited.
D
Apply the first precedent even though its material factual assumption is missing.
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