medium · LSAT Reading Comprehension
The principle of stare decisis, or the obligation of courts to follow established precedents, is fundamental to the stability and predictability of the common law system. By ensuring that similar cases are decided in a similar manner, stare decisis promotes the rule of law and protects the legitimate expectations of individuals and businesses who rely on the law to guide their conduct. However, stare decisis is not an inexorable command. Courts may, and sometimes must, depart from precedent when a prior decision is found to be unworkable, poorly reasoned, or inconsistent with subsequent developments in the law or society. The challenge for the judiciary lies in balancing the need for stability with the need for the law to evolve to meet new challenges. Overturning a long-standing precedent is a significant act that requires a compelling justification, as it can disrupt settled expectations and undermine public confidence in the consistency of the judicial process.
Which of the following most accurately describes the function of the third sentence?
- It signals a qualification that tempers the general obligation announced in the opening sentences.
- It supplies a concrete instance of a long-settled precedent that courts have lately discarded.
- It rebuts the assertion that adherence to precedent fosters predictability and the rule of law.
- It maintains that judges should feel free to disregard any precedent they regard as poorly reasoned.
- It enumerates the grounds—unworkability, weak reasoning, changed conditions—on which a court may depart from precedent.
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