Sapientia et Doctrina

INITIUM SAPIENTIAE TIMOR DOMINI

Stare Decisis

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Stare Decisis

English:
"to stand by things decided"
"yesterday’s decision shall govern today’s decisions"

“An absolute pre-requisite to common-law lawmaking is the doctrine of the stare decisis – that is, the principle that a decision made in one case will be followed in the next.” – Justice Scalia.

Note: Stare Decisis is a not preclusion notion (argument). Is simply states that like cases be decided in a like manner. Compare this to Res Judicata and Virtual Representation.

Written by Saqib Ali

Monday 21st 2008f April 2008 01:46:04 AM at 1:46 am

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