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The requirement that a lower court must follow a previously set precedent is called stare decisis.
stare decisis(NovaNet)
england
Latin
stare decisis
Stare Decisis
Only the ratio decidendi is accorded stare decisis status. Everything else is obiter dictum.
This legal doctrine is known as stare decisis, a latin term which means to stand by decisions and not disturb the undisturbed. A prior judicial decision is commonly referred to as a precedent.
Res judicata refers to a legal principle that a matter that has been conclusively decided by a court cannot be litigated again between the same parties. Stare decisis, on the other hand, is the legal principle of following precedent and adhering to decisions made in prior cases. Res judicata focuses on the finality of judgments, while stare decisis focuses on consistency in the application of law.
Stare decisis
stare decisis
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.