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 in Law
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 preliminary inquiry is a legal procedure that determines if the prosecution has gathered enough evidence to move forward with their case, according to the Cornell University Law School. It is also known as a preliminary hearing.Full Answer >
The Cornell University Law School's Legal Information Institute states that a public nuisance transpires when a person unreasonably inhibits a right shared by the general public, while a private nuisance occurs when a plaintiff's use and satisfaction of private property is affected greatly and unreasonably through a thing or action. Courts may grant damages and prohibit further activity by the offender for either type of transgression.Full Answer >
Equity establishes justice if common law is inadequate in certain circumstances, according to Cornell University Law School. The equity route is only an option when legal recourse has been exhausted.Full Answer >