What is the doctrine of stare decisis in civil law?
Stare decisis is a legal doctrine in civil law that requires similar cases to be judged according to prior court decisions. This doctrine is derived from the Latin phrase “stare decisis et non quieta movere” meaning “to stand by decisions and not disturb the established”. The doctrine of stare decisis serves four basic functions: First, it promotes consistency and fairness in decision making by expecting courts to follow prior rulings. This helps protect parties to the case and other people who may be affected by the ruling. Second, it serves as a stabilizing force in the legal system by forcing future court rulings to remain consistent with prior court decisions unless the law changes. Third, it helps save time by creating a uniform interpretation of laws. Instead of repeating the same process each time a legal case is heard, the court may apply its own ruling from a similar case. Finally, the doctrine helps to reduce the amount of litigation in the court system. This is because court resources are spent on ruling on new cases rather than on retrying similar cases. In Washington, the doctrine of stare decisis is followed in civil law cases. The Washington Supreme Court has held that the decisions of all lower courts must be in accordance with, or at least not contrary to, the decisions of the Washington Supreme Court. This serves to create a uniform interpretation of the law, thereby promoting the orderly and consistent administration of justice throughout the state.
Related FAQs
What is an example of a constructive trust in civil law?What is a class action lawsuit?
What is civil law?
What is the burden of persuasion in civil law?
What is the difference between equitable relief and legal relief?
What is a motion to set aside a judgment in civil law?
What is an interpleader in civil law?
What are the differences between contract law and tort law?
What is a deed in civil law?
What is a bill of costs in civil law?
Related Blog Posts
What Students Need to Know About Civil Law and Its Impact on Society - July 31, 2023Understanding the Basics of Civil Law and Its Role in Business - August 7, 2023
Exploring the Principles of Civil Law - August 14, 2023
Learning How to Effectively Use Civil Laws - August 21, 2023
Facts About the Differences Between Civil and Criminal Law - August 28, 2023