What is the doctrine of precedent in civil law?

The doctrine of precedent in civil law is the principle whereby judges refer to and adhere to decisions made in prior court cases when ruling on similar matters. This principle is derived from the Latin phrase, "stare decisis," which means "to stand by things decided." Essentially, this means that when a court has decided a certain matter in a case, then the same court, or a lower court, should decide the same matter in a similar case using the same reasoning as the first court. In Colorado, this principle is often used by judges when resolving civil disputes. The doctrine of precedent is critical in civil law because it helps courts make consistent decisions in similar cases. When there are multiple courts, having a system of precedent prevents different courts from making conflicting decisions. When deciding a case, a court will often consider various sources of law, such as statutes, regulations, and treaties. However, courts will first look to the precedent set in previous cases to determine the outcome of a similar case. The doctrine of precedent is not absolute and courts can determine that the law on a particular issue should be decided differently than it has been in the past. If a court believes that a prior ruling is outdated or wrong, it can choose to overturn it and establish a new legal principle. In such cases, the court’s decision will be binding on future cases in the jurisdiction.

Related FAQs

What is arbitration in civil law?
What is a bill of costs in civil law?
What is the doctrine of res ipsa loquitur in civil law?
What is joinder in civil law?
What is a joinder of claims in civil law?
What type of evidence is admissible in civil law?
What is a petition for relief in civil law?
What is a motion to quash in civil law?
What is a motion for a protective order in civil law?
What is a class action lawsuit?

What is the doctrine of precedent in civil law?

Related FAQs

Related Blog Posts