What is the doctrine of stare decisis in civil law?

The doctrine of stare decisis is a legal principle in civil law, particularly in Maryland, that holds that courts should generally follow their previous decisions on similar legal issues. The term comes from Latin meaning “to stand by that which is decided.” The doctrine is based on the idea that having consistent decisions is necessary for the law to work properly and for society to have trust in the legal system. Judges use precedent, the past decisions of higher courts, to help them reach their decisions, though they are not bound by precedent and a judge is free to make a decision which differs from the past. Stare decisis is an important consideration for appeals court judges, who typically review lower court decisions for errors and uphold the facts of the case. If a higher court judge believes that a lower court’s decision was wrong, they may overturn or modify it. This can change the outcome of cases and is therefore significant in civil law. The doctrine of stare decisis is a powerful tool that helps ensure similar cases are treated consistently, providing fairness for all parties involved.

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What is the doctrine of stare decisis in civil law?

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