What is stare decisis

Document Type:Coursework

Subject Area:Law

Document 1

The term is used a legal doctrine in courts as well as a reference in many cases. As a doctrine, Stare decisis is considered as a principle or simply an instruction that is not a rule (Black, 1886). Therefore, the according to the doctrine of stare decisis, courts are supposed to refer to similar past issues when deciding any case. The prior decisions in legal terms are commonly known as precedent. As common law doctrine, precedents on their parts are considered to be legal principles or rules which have been created by the decision of the court (Black, 1886). Consistency in court’s decision is also created by stare decisis (Re, 2017). Consistency, in this case, strengthens the judicial system and ensure that crime rates has reduced since consequences of crime have been created thus impeding people to engage in any criminal activity.

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Moreover, fairness is also created since because cases of similar facts are decided the same way. Judicial precedent is also important in regulating the courts while making decisions to avoid making mistakes. Precedents act as guidance defining how cases should or ought to be decided. In the case of stare decisis to promote fairness and justice, cases must be decided by previous decisions. Leviticus 19:15, therefore, indicates that neither poor were not to be allowed to break the law because they were poor and nor were the rich disallowed to break the laws due to their richness. What was important was an invocation of equality when treating each of them. The doctrine of stare decisis as requires similar equality to be upheld.

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