Stare decisis

The Latin term stare decisis meaning, “to stand on decided cases”, has become an essential element in the English and U.S. judicial system. The doctrine theory of stare decisis creates equality throughout the legal system, ensuring that judges follow previously established precedents. ("Stare Decisis") Under stare decisis, once a court has answered a question, any justice system equal or lower must elicit the same response. This theory also creates efficiency throughout the legal system, by preventing courts to spend extra time reasoning through a case that has already been conducted. (Miller) In the United States the U.S. Supreme Court is highest level of the judicial system, fallowed by the individual state supreme courts. Precedent…

Stare decisis is a doctrine or strategy of subsequent regulations or principles laid down in previous legal decisions. It is the explanation that maintains that previous decisions which are to be followed by the courts. This strategy dictates that the court must abide or adhere to decided cases. Stare decisis is a legal rule which dictates that courts cannot disrespect the standard. The court must endorse prior decisions. In essence, this legal principle dictates that once a law has been…

How would you explain or describe common law, stare decisis and the use of precedence in the United States? What do you think about the power of the courts under this system? What are the pros and cons (good and bad) aspects of this type of legal system? Common Law is the laws that developed from English court decisions and customs and that form the basis of laws in the U.S. Stare decisis distinguishes the common law from the civil-law system. It gives a great weight to the code of laws and…

The term stare decisis means, “Let the decision stand”, or in other words a doctrine that establishes precedent. For once a legal issue is settled, stare decisis suggests that any following cases presenting the same question shall follow the preceding ruling of the case that set the initial precedent. Honoring stare decisis provides the Supreme Court greater legitimacy because it maintains the, “fundamental principle of jurisprudence that promotes certainty in the law and uniformity in the…

This Essay will explore how judge made law (Stare decisis) evolved in England and Wales through the doctrine of legal precedent. Judicial precedent is regarded as the most important source of law that offers predictability, uniformity, equality, certainty and convenience. Judicial precedent though has negative attributes. Case law is notoriously slow to change through rigidity and only repealed through an appellate court or legislation. Legal precedent is known by the Latin ‘Stare decisis et…

It is based on the Latin Maxim Stare Decisis, which means to stand by the decided, but only if the facts before the judges are the same or similar. Precedent is a rigid system as a decision by a higher court in an earlier case, must be followed by a lower court in a later, similar case, so there is no scope for judicial creativity. In order for precedent to later, similar case, so there is no scope for judicial creativity. In order for precedent to operate it is necessary for there to be a court…

its aim and scope are different because it deals with consumer product safety and the federal government should be held to a higher standard. In addition to similarly constructed statutes, the plaintiff will cite Torrez v. Acme Baby Products, Inc, which states that CSPEA extends the same whistleblower protection of the manufacturer’s employee to the contractor’s employee. The plaintiff argues that this establishes the congressional intent in a clear an unambiguous way. They will also argue…

doctrine of stare decisis loses its practical significance. Stare decisis should never be “a mechanical formula of adherence to the latest decision,” but rather a guide when circumstances have not warranted a change. In a Quill concurring opinion, Justices Antonin Scalia, Anthony Kennedy, and Clarence Thomas stated that while they supported the conclusion to overrule the due process conclusion of National Bellas Hess, they would reaffirm the Commerce Clause aspect of the physical presence…

held correspondingly in the past and decides to change the decision based on his own viewpoint can be seen as problematic and cause for many debates. This is seen in R v Simpson where the judges decided that the previous case of R v Palmer was wrongly decided and dismissed the defendants appeal. The defendant argued that the Court of Appeal cannot abandon its previous decision under the doctrine of precedent. Gillespie outlines the limits of Simpson, stating that it is not the best example of…

TASK 0NE BY SAM; Judicial precedent is quite a broad doctrine in the English legal system, means a fundamental legal principle or decision made in a higher or lower court in hierarchy, the decisions made may usually influence the future occurrences by either becoming binding or persuasive precedents. The doctrine is highly influenced by three Latin legal terminologies which are; obiter Dicta, ratio decided and stare decisis. In the persuasive precedent where court is not obliged to adhere to…