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Is the principle of stare decisis irrelevant to the hierarchy of courts making decisions?
No, the principle of stare decisis, which means to stand by things decided, is relevant in the hierarchy of courts. Lower courts are usually bound to follow the legal precedents set by higher courts within their jurisdiction. This helps ensure consistency and predictability in the law.
Can stare decisis be overturned in legal cases?
Yes, stare decisis can be overturned in legal cases. Stare decisis is the principle of following precedent, but higher courts have the authority to overturn previous decisions if they believe it is necessary to do so.
What is meant by the doctrine stare decisis?
Stare decisis is a Latin phrase that means "to stand by that which is decided."When a court makes a decision, it establishes a legal precedent that is used by subsequent courts in their deliberations. In so doing, they are applying the legal doctrine of 'stare decisis,' which is one of the most important doctrines in Western law.Common law is made by judges when they apply previous court decisions to current cases, basing their opinions on the judicial interpretation of previous laws, and leading to a common understanding of how a law should be interpreted.Judges of lower courts observe this principle by respecting the precedents set by higher courts.
Difference between res judicata and stare decisis?
Differences between Res-Judicata and Stare Decisis:There is considerable room for confusion between Res-Judicata and Stare Decisis. Most important differences between Res-Judicata and Stare Decisis are given below:1. Res-Judicata applies to the decision in the discuss, while Stare Decisis operates as to the ruling of law involved.2. Res-Judicata normally binds only the parties and their successors. But Stare Decisis binds to everyone including those who came before the courts in other cases.3. Res-Judicata normally applies to all courts. But Stare Decisis normally applies to high courts and higher courts.4. Res-Judicata takes effect after the time for appealing against a decision in past. But Stare Decisis operates at once.
What provides the best example of stare decisis?
the elements of a decision of the U.S. Supreme Court must be followed by the lower courts.
What is principle of stare decisis?
Stare decisis is a Latin phrase that means "to stand by that which is decided."When a court makes a decision, it establishes a legal precedent that is used by subsequent courts in their deliberations. In so doing, they are applying the legal doctrine of 'stare decisis,' which is one of the most important doctrines in Western law.Common law is made by judges when they apply previous court decisions to current cases, basing their opinions on the judicial interpretation of previous laws, and leading to a common understanding of how a law should be interpreted.Judges of lower courts observe this principle by respecting the precedents set by higher courts.
What is court reversal?
Specifically a "reversal" is when the same court changes its own decision, either on the same case or a later one; for the same issue(s). When a higher court overturns a decision of a lower court it is normally called "overturn" or "overruled" decision. As noted a reversal is a specific term.A reversal also occurs when an appellate court changes a decision of a lower court (whether that lower court is a trial court or the first appellate level) because of some error made by court below it.
Is the federal court while making decision bound to its own previous decision?
Yes. The Federal Courts follow the doctrine of stare decisis. They will only overturn precedent if a higher court has ruled on the issue differently.Added: The above answer is correct insofar as it goes, However, if by "the federal courts" you mean to include ALL Federal Courts (to include the Supreme Court) you will find many instances of the Supreme Court reversing it's own theretofore long-standing decisions. (e.g.: Dred Scott).
The habbit of using a courts decision in one case as the rules in other cases like it?
The habit of using a court's decision in one case as a precedent for similar cases is known as "stare decisis." This legal principle promotes consistency and predictability in the law by ensuring that similar cases are decided in a similar manner. Courts typically follow the rulings of higher courts within the same jurisdiction, which helps to create a stable legal framework. However, courts may also distinguish cases based on specific facts or circumstances, allowing for flexibility in the application of the law.
Do state courts have to follow federal precedent when making decisions?
Yes, state courts are generally required to follow federal precedent when making decisions, as established by the principle of stare decisis. This means that state courts must adhere to rulings made by higher federal courts, such as the U.S. Supreme Court, on similar legal issues.
What is a decision made by a higher court such as a US Court of Appeals Circuit Court or the US Supreme Court that is binding on all federal courts?
A decision made by a higher court sets a binding precedent for the inferior court(s).
How does the Court enforce its decisions on lower courts?
It doesn't have to "enforce"its decision (that's not the court's job), when a higher court acts on the case that is the law. Everybody is supposed to obey the law. If not the police, FBI, other enforcement agencies or methods are in place to enforce the higher courts decision. However a large part of what lawyers do in all courts is cite previous court decisions of other courts at all levels to convince the judge in their case that they are interpreting the law correctly for the benefit of their client.
