DOCTRINE OF PRECEDENT AND STARE DECISIS What do you understand by precedent in the English legal system? It is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. What are the advantages and disadvantages of having a legal system based upon the doctrine of precedent instead of having a legal system based upon codified law? Advantages 1. Provides certainty in law. 2. Judges have clear
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Stare decisis is one of the most important doctrines in common law. It is the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty‚ consistency‚ and stability in the administration of justice.1 More specifically‚ it has been defined as "to stand by decided cases; to uphold precedents; to maintain former adjudications."2 In Latin‚ the term translates to "to stand by that which is decided." As practiced in the United States‚ the rule of stare decisis
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Criminal Law (CJUS 2222) Assignment 1 Is Stare Decisis an Inexorable Command? Stare decisis is defined as the legal principle that requires that courts be bound by their own earlier decisions and by those of higher courts having jurisdiction over them regarding subsequent cases on similar issues of law and fact. Inexorable is defined as not to be persuaded‚ moved‚ or stopped. With that being said‚ the court stating that “Stare decisis is not an inexorable command‚ rather it is a principle of
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People v. Quiamanlon‚ G.R. No. 191198‚ Jan. 26‚ 2011 (1st Division)‚ J. Velasco Jr. Facts: That on or about the 15th day of June 2005‚ a buy-bust operation was conducted at KFC Welcome Rotonda. Accused-appellant unlawfully sold 0.12 gm. of white crystalline substance and she was found to be in possession and control of 0.27 gm. of the same substance. The accused-appellant was arrested and the buy-bust money was recovered from her by PO3 Magcalayo. PO3 Villamor recovered the other two (2) plastic
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Precedent and Stare decisis in Hong Kong: The Case of Transgenders Introduction The doctrines of “precedent” and “stare decisis” have been pillars of Western Law that have withstood the test of time. They have been especially important in upholding the “Rule of Law” based on the tenets of predictability‚ expectations and stability‚ which are all important in a society based on norms and codes. Yet these legal concepts of precedent and “stare decisis” have been condemned for stifling the progress
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The legal principle or rule made by a court which leads judges in sebsequent cases with similar issues or facts. To present as precedent for a pending case‚ a preceding decision must have a similar question of the law and factual situation. The judges are required to follow and apply the principle in past decisions to a current case which have similar situation. There are two principle which is Vertical Stare Decisis and Horizontal Stare Decisis. Generally‚ Horizontal Stare Decisis is the court have
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INTRODUCTION: Stare decisis is a legal principle by which judges are obliged to respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "whatever has been decided must stand". In a legal context‚ it means that courts should generally abide by precedent and not disturb settled matters. However‚ this doctrine has been overruled by courts in some cases. International trade laws have not always
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principle of Stare decisis must be applied. This foundational principle in the U.S. legal system sets a base for favoring the adherence to precedent in order to establish a consistent and stable courtroom climate.
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“Stare Decisis” is an abbreviation of the phrase “stare decisis et non quieta movere” which translates as “to stand by decisions and not to disturb settled matters”. This principle can thus be aptly described to be that of applying the ratio decidendi of similar previous cases to that of future cases. It is important to first illustrate how the common law doctrine of stare decisis works. Vertical Stare decisis is where a decision of that of a higher court is binding on the lower courts. However
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Judicial Precedent means the process whereby judges follow the decisions made by previous judges in similar cases where the facts are of sufficient similarity. In deciding a case‚ there will be basic tasks‚ establishing what the facts are‚ meaning what actually happened‚ as well as how the law applies to those facts. The idea of judicial precedent is that once a decision has been made in a set of particular facts‚ similar facts in later cases should be treated in the same way. The rules concerning
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