What is the doctrine of precedent in civil law?
The doctrine of precedent is an important concept in civil law, especially in the state of Hawaii. It refers to the idea that legal decisions made in the past must be followed by similar decisions in the future. This principle is based on the idea that alike cases should be treated alike and that justice should be consistent over time. The doctrine of precedent applies in all aspects of civil law, including contract law, property law, and family law. It is a major part of the legal process in Hawaii, as judges in the state are bound by existing government laws and court decisions that have been made before them. This allows the legal system to remain consistent and dependable. The most commonly cited form of precedent is the concept of stare decisis, which says that if a court has previously dealt with a legal matter in a certain way, then that same legal outcome must be applied in similar cases. This helps to ensure fairness in the legal process as those who violate the legal system will not be able to escape punishment due to legal loopholes. The doctrine of precedent is an integral part of civil law and is one of the defining features of the legal system in Hawaii. It helps to ensure fairness and consistency in the legal process, as it prevents one legal outcome from changing drastically due to the changing of judges over time.
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