What is the doctrine of stare decisis in civil law?
The doctrine of stare decisis is an important principle of civil law in Hawaii. Translated from Latin, the phrase literally means "let the decision stand." It is the rule that a court should not disturb a decision that was previously made in a similar case. The rationale behind this rule is that it helps to ensure a uniform outcome when a court must decide a dispute. The doctrine of stare decisis is commonly used in Hawaii when a court is deciding a case that involves a matter of law. By adhering to the decision that was previously made in a similar case, the court can maintain consistency in the law. This promotes fairness and predictability by providing clear guidance on how to interpret and apply laws. The doctrine of stare decisis is also important because it discourages judges from making decisions that are based on personal or political biases. By relying on previously established decisions, judges can ensure that their legal opinions are based on legal principles. This helps maintain an impartial and fair legal system. In summary, the doctrine of stare decisis is an important principle of civil law in Hawaii. It is the rule that a court should not disturb a decision that was previously made in a similar case. This ensures fair, predictable, and unbiased decisions. It helps to promote the uniformity of legal outcomes and maintain an impartial legal system.
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