Stare decisis

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    Stare Decisis: Legal Rule

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    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 determined by the appellate court (which hears and determines appeals from the decisions of the trial courts) to be relevant to the facts of the case, future cases will follow the same principle of law if they involve considerably identical facts. Stare decisis…

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    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…

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    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…

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    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 Case law is notoriously slow to change through rigidity and only repealed through an appellate court or legislation.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…

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    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…

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    Should Judges Make Law

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    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…

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    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…

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    Judicial Precedent Essay

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    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…

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    precedent. Binding precedents are decisions made in higher courts, for example the Court of Appeal which must be followed by all courts below itself on the hierarchy. Persuasive precedents are decisions which may be followed but are not binding. These precedents however can have an effect on higher courts as demonstrated in the case of R v R 1991 where it was held that it was unlawful for a man to rape his wife. The Court of Appeal stated the principle to be applied was that a rapist remained a…

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    Is the notion of legal precedent molded by local interests? Barbara Yngvesson, in her essay entitled Inventing Law in Local Settings: Rethinking Popular Legal Culture, asserts that the foundation of justice and communal identity rests with the American court system. Though all members of the judiciary body remain “unbiased,” this idea suggests an overpowering force behind local petitions which are, thus, used as vehicles to deliver justice and identity. Linda Greenhouse, author of Becoming…

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