common law
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.
For a dissertation or thesis?
Stare decisis is the legal doctrine of deferring to the judgment of past courts. This is often called "precedent." The disadvantage is that it makes the law inflexible, and can prevent courts from correcting poor decisions. It also causes them to repeat the mistakes of past courts.
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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.
Precedents, under the doctrine of stare decisis(Latin: maintain what has been decided).
give a comprehensive account of the common law as a source of Namibian law,with specific emphasis on the merits and demerits of the doctrine of 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.
Yes, the principle of stare decisis can apply in the Sharia Court of Appeal, as it promotes consistency and predictability in legal decisions. While Sharia law is based on religious texts and interpretations, courts may follow precedents set by previous rulings to maintain legal coherence. However, the extent to which stare decisis is applied can vary depending on the jurisdiction and the specific interpretation of Sharia law. Ultimately, the application of this principle may be influenced by both legal and theological considerations.
A. Lakshminath has written: 'Precedent in Indian Law' 'Precedent in the Indian legal system' -- subject(s): Stare decisis
Common law is based on precedents (previous court decisions), under the doctrine of Stare decisis (Latin: Stare decisis et non quieta movere), which means "maintain what has been decided."