What is the doctrine of stare decisis in civil law?

Stare decisis is a Latin phrase meaning “let the decision stand.” In civil law, the doctrine of stare decisis holds that a court is obligated to follow the decisions of earlier courts within the same jurisdiction. This means that courts are expected to adhere to the same rule of law when making decisions in similar cases. In Vermont, the doctrine of stare decisis is highly influential in the civil justice system. The doctrine of stare decisis is used to ensure precedent is followed in civil cases. This means that if a higher court (such as the Vermont Supreme Court) issues a ruling in a case, then the lower courts in the same jurisdiction must apply that ruling in their own decisions. This provides some consistency in how the law is applied in Vermont, as the same legal principles are applied to similar cases. The doctrine of stare decisis also helps to ensure fairness in civil cases. When courts are obligated to follow the same rule of law in similar cases, then all litigants have a better sense of what to expect from the courts. This helps to ensure that the law is evenly and fairly applied to all litigants in similar cases. Although the doctrine of stare decisis is important in civil law, it is not absolute. In some cases, a court may decide that an earlier court made an incorrect ruling or used outdated reasoning. In these situations, the court may decide to change the law or overturn the previous ruling, setting a new precedent.

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