The doctrine of binding precedent, stare decisis, (stand by things decided) is at the core of the legal system. The Superior Court is at the top of the legal pyramid and its decisions bind all lower courts, except on civil cases involving european law where the European Court of Justice is …
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The U.S. common law structure has a unified system of deciding legal matters with the principle of stare decisis at its core, making the concept of legal precedent extremely important.
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For stare decisis to be effective, each jurisdiction must have one highest court to declare what the law is in a precedent-setting case. The U.S. Supreme Court and the state supreme courts serve as precedential bodies, resolving conflicting interpretations of law or dealing with issues of first impression. Whatever these courts decide becomes judicial precedent.
The purpose of stare decisis is to promote consistent, predictable rulings on cases of similar nature. While prior decisions often become precedent in the U.S., adherence is not absolute. To explore this concept, consider the following stare decisis definition.
Precedent & Stare Decisis 1. Common Law Legal System Stare Decisis 2. The Meaning of precedent generally“precedent” literally means something that hashappened beforein ordinary english, “precedent” has come to meanan event which defines a standard“Unprecedented” is something that is uncommon orwell beyond …