Stare decisis is important because it is essential to the doctrine of precedent, according to Cornell University Law School. Stare decisis means a court will stand by a ruling previously issued in earlier cases. This method is used to determine rulings in lower courts as well. Once a court has issued a ruling, all lower courts must have the same response in future cases.Know More
Stare decisis, which comes from the Latin phrase meaning "to stand by things decided," first arose in importance in the 1800s when court cases became more easily accessible to lower courts, lawyers and judges, making it easier for courts to reference previous cases to help inform current ones. As Wikipedia explains, stare decisis sets an interpretation of the law that is expected to be followed in subsequent cases. In the United States, courts seek to follow precedent whenever possible so as to avoid disturbing matters that have already been settled.
Precedents are very rarely overturned, according to The Free Dictionary. When this does occur, it is usually a sign of change in the interpretation of the law. For instance, the landmark case Brown v. The Board of Education overturned a precedent that had been set years earlier by Plessy v. Ferguson. In this case, the courts ignored the precedents already set and ruled racial segregation illegal.
In the United States, stare decisis has been influential in a number of controversial cases. Roe v. Wade in 1973 defined a woman's constitutional right to choose to have an abortion, thereby setting a precedent that has been followed in the majority of related cases tried subsequently, even despite the controversy it has created.Learn more about Law
Maintaining the chain of custody and following proper procedures is important to ensure evidence does not get tampered with or lost, as stated by the Office for Victims of Crime. It allows the courts to know that the evidence presented is exactly the same as it was when it was seized by offers. If the chain of custody is broken at some point, it could mean that the evidence cannot be presented as part of the criminal case.Full Answer >
An acceleration clause is a term in a loan agreement that requires the borrower to pay off the loan immediately when certain conditions occur, according to Cornell University Law School. For instance, most home mortgage loans include an acceleration clause that activates if the borrower misses too many payments.Full Answer >
A preliminary examination is a court hearing in which the prosecutor must prove to the judge that there is enough evidence and probable cause for a case to go to trial, according to Cornell University Law School. The hearing does not determine the guilt of the defendant.Full Answer >
A motion for sanctions is a document submitted to the court to describe conduct that violates rules of the court by the other parties in a civil proceeding, according to the Cornell University Law School's Legal Information Institute. The court may impose sanctions in response.Full Answer >