Question
Download Solution PDFAdherence to precedent is called the doctrine of
- Stare decisis
- Commercial impracticability
- Substantial performance
- Nolo contendere
Answer (Detailed Solution Below)
Option 1 : Stare decisis
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Detailed Solution
Download Solution PDFThe correct answer is option 1.
Key Points
- Adherence to precedent, known as the doctrine of stare decisis, is a fundamental principle of judicial decision-making that mandates courts to follow the rulings and legal principles established in previous judicial decisions.
- The term "stare decisis" is derived from Latin and means "to stand by things decided."
- This doctrine plays a crucial role in ensuring consistency, predictability, and stability in the law by obliging courts to apply the same reasoning and legal principles to similar cases over time.
- Under the stare decisis principle, when a court is faced with a case that is similar to a previously decided case, it should follow the precedent set by the earlier decision unless there is a strong reason to deviate.
- This ensures that similar cases are decided similarly, which provides guidance to individuals and entities about the legal implications of their actions and decisions.
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