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Explain the operation of precedent and stare decisis on case law?
Wiki User
∙ 13y ago
Relating to the law of precedents, the concept of stare decisis relates to the binding nature of an earlier decision over a subsequent court called upon to decide over a similar issue.
Stare Decisis operates at two levels:
1. Binding precedent (or mandatory authority); and
2. Persuasive precedent
Binding precedent is when a similar matter has been decided upon by a superior court, a junior or subordinate court is required to follow the ruling.
Persuasive precedent is when a similar matter has been decided by a different bench of the same court, or a court of the same rank or junior / subordinate court.
Wiki User
∙ 13y ago
Wiki User
∙ 14y agoThere are no similarities, the two terms are not compatible. "Case Law" is law that has already been previously decided and settled (usually over a lengthy period) and can be pointed to, or studied for application in the same or similar cases. "Precedent" refers to a legal concept or decision that has never before been tried, used, or applied and is a 'ground-breaking' idea, concept, or action which may, or may not, with use become "case law" in it's own right. ==Clarification== In common law legal systems a 'precedent' refers to a decided case that furnishes a basis for determining later cases involving similar facts or issues. There are different types of precedent and not all are binding. Common law is case law.
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What is meant by stare decisis in India?
Literally it implies to be bound by one's own decision i.e. to stand by what has been decided earlier.
What is the men who stare at goats rated?
The Men Who Stare At Goats (2009) is rated R.
What is the duration of The Men Who Stare at Goats film?
The duration of The Men Who Stare at Goats - film - is 1.57 hours.
How much money did The Men Who Stare at Goats gross worldwide?
The Men Who Stare at Goats grossed $67,348,218 worldwide.
What are the similarities of British and South African legal systems?
They are both Common Law systems that is to say they are based on the development of Law by the use of precedent and case law developed by Judges rather than primary legislation (which of course still exists). Lower courts and courts at the same level are bound to follow what has already been decided by previous cases (Stare Decisis). Senior courts may allow the decisions of lower courts or decisions form other jurisdictions to be persuasive but not bound by them. Changes in direction or new judgments are sometimes known as landmark cases. Civil law on the other hand relies on the Judge only interpreting legislation arguing that only the legislature has the authority to make law.
Why is the doctrine of the stare decisis important?
The requirement that a lower court must follow a previously set precedent is called stare decisis.
What doctrine requires courts to follow authoritative prior decisions when ruling on a case?
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.
What has the author A Lakshminath written?
A. Lakshminath has written: 'Precedent in Indian Law' 'Precedent in the Indian legal system' -- subject(s): Stare decisis
What are Court rulings that serve as guides for similar future cases?
The proper term for a ruling that becomes a model for future cases to follow is called "precedent." Judges will often look for those cases that have set a precedent when deciding how to rule on a present case.
What has the author Garfield Barwick written?
Garfield Barwick has written: 'Precedent in the Southern Hemisphere' -- subject(s): Stare decisis
A judge in a lawsuit used a precedent to determine the outcome of the case. This process is called?
Stare decisis, essentially courts should generally abide by precedents. From the Latin maxim: Stare decisis et non quieta movere: (stand by decisions and do not disturb the undisturbed.
Disadvantages of stare decisis?
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.
Does judicial restraint rely on the principle of stare decisis?
Doctrinalism relies on the principle of stare decisis.Judicial restraint relies on a narrow interpretation of the text of the Constitution and the Framers' inferred intent in decision-making. If the precedent being relied upon under stare decisis was made using judicial restraint, then adhering to the precedent also involves judicial restraint; if the controlling precedent being used represents an instance of judicial activism, then upholding the precedent also requires a (lesser) degree of judicial activism.The concepts of judicial restraint and judicial activism relate to decisions based on a particular theoretical view of the Constitution and its purpose. Stare decisis relates to consistency in upholding case law, regardless of whether the precedent was originally determined via activism or restraint.
What is the term used for legal precedents?
"Legal Precedent" is one term; another term is "stare decisis," Latin for "let the decision stand."
Provide a comprehensive posting detailing the similarities and differences what case law terms precedent stare decisis and statutory law?
For a dissertation or thesis?
What are the three precedents that stare decisis relies on?
I am unfamiliar with what three precedents the questioner is referring to. Stare Decisis can mean only ONE thing. 'Stare Decisis' is a Latin term meaning "to stand by things already decided." It is a legal doctrine where courts generally follow the application of the law as decided in similar prior cases (which is referred to as following precedent). Precedent means that the principle announced by a higher court must be followed in later cases. The requirement that a lower court must follow a precedent is called stare decisis.In case the question relates to the three elements the legal system requires to operate a doctrine of precedent, they are1. Law reporting;2. a hierarchical court structure; and3. Binding elements; ratio decidendi and obiter dicta
What is the legal term used to not overturn precedent?
The doctrine of stare decisis (Latin: Let the decision stand) encourages courts to adhere to established precedents when deciding cases.
