What is the doctrine of stare decisis in civil law?

Stare decisis is a Latin legal term that means “to stand by things decided”. It is a doctrine of civil law in Kansas, as well as other states, that states that courts should follow the established precedent in all similar cases. This doctrine ensures that similar cases are treated consistently, which increases the predictability of the court system and its outcomes. In Kansas, the doctrine of stare decisis dictates that decisions from higher courts are binding on lower courts. This means that if a three-judge court (an appellate court) has already ruled on a case, then any court lower than that must follow its decision. This includes county courts, district courts, and the Kansas Supreme Court. Stare decisis also ensures consistency throughout the entire court system. This helps to ensure that similar cases in different parts of the state are treated the same. For example, if the Kansas Supreme Court rules one way on a case in Topeka, then any court in the state must rule the same way on a similar case that arises in Wichita. Finally, stare decisis allows for higher courts to correct mistakes. If a lower court made a mistake when deciding a case, a higher court can overrule it and ensure that the correct decision is made. This helps to reduce the amount of costly appeals that must be filed in order to overturn incorrect court decisions.

Related FAQs

What is a motion for reconsideration in civil law?
What is the burden of persuasion in civil law?
What is constructive fraud in civil law?
What is a writ of mandamus in civil law?
What is interlocutory relief in civil law?
What is the purpose of a civil trial?
What is an adjudication in civil law?
What is a plea agreement in civil law?
What is an interpleader in civil law?
What is a cause of action in civil law?

What is the doctrine of stare decisis in civil law?

Related FAQs

Related Blog Posts