"Stare Decisis" Essays and Research Papers

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Stare Decisis

instant case. Article 8 of the New Civil Code explicitly says that, “Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.” This provision articulates the principle of stare decisis et non quieta movere. It means that when the Supreme Court has once laid down a principle of law as applicable to certain state of facts, it will adhere to that principle and apply it to all future cases where the facts are substantially the same...

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Stare Decisis Case Study

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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Doctrine of precedent and stare decisis

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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Developement in Doctrine of Stare Decisis

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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Precedent and Stare Decisis in Hong Kong: the Case of Transgenders

Precedent and Stare decisis in Hong Kong: The Case of Transgenders Introduction The doctrines of “precedent” andstare 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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Stare Decisis

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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Stare Decisis

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...

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The Doctrine of Judicial Precedent Is Described as the "Backbone" of the Common Law System.

before. If a case then had decided point of law it will be logical that kind of explanation will look in the future. Therefore the law does not have essentially differently. The doctrine of judicial precedent is based on the principle of stare decisis, meaning 'to stand by what has been decided'. Under this doctrine, legal decisions made by judges in higher courts set a precedent for judges in equal or lower courts to follow, whereby lower courts are bound to apply the legal principles set down...

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Law coursework on the English Legal system and corporate criminal liability

of human Rights. As seen in the case of Ghaidan v Godian-Mendoza (2004) where the House of Lords encouraged the courts to use s(3) to interpret statutes in accordance with the European convention. d) Stare decisis in Latin translates as “to stand by decided matters”. The doctrine of stare decisis means that inferior courts must follow previous decisions made by superior courts on a particular case. The particular case is called precedent. Strengths of binding judicial precedent are certainty, flexibility...

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BAMD 300 Study Guide Midterm 1

something or to figure out all the facts both sides agree on Physical and Mental Examinations: records to get more information What is evidence?  Legally admissible; Items that help prove or disprove facts in the case Terminology: Stare Decisis: let the decision stand; court made decision based on similar facts in the past so stick with those decisions in this new case – applies to common law, interpreting statutes, interpreting constitution Statutes of Limitations: after a certain...

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