Define: Doctrine Of Precedent

The Doctrine of Precedent, also known as stare decisis, is a legal principle that requires courts to follow the decisions of higher courts in similar cases. It ensures consistency and predictability in the legal system.

Under the Doctrine of Precedent, when a court decides a case, it establishes a legal principle or rule that must be followed by lower courts in future cases with similar facts or issues. This principle becomes binding and forms the basis for future decisions.

The Doctrine of Precedent serves to maintain stability and fairness in the legal system. It ensures that similar cases are treated consistently and prevents arbitrary decision-making by judges.

Yes, in certain circumstances, a court can deviate from the Doctrine of Precedent. This typically occurs when a higher court overrules or distinguishes a previous decision, or when there are exceptional circumstances that warrant a departure from the established precedent.

The Doctrine of Precedent operates within a hierarchical court system. Generally, decisions of higher courts, such as appellate or supreme courts, are binding on lower courts within the same jurisdiction.

The Doctrine of Precedent is typically limited to the jurisdiction in which it was established. However, courts in different jurisdictions may consider persuasive precedents from other jurisdictions when deciding a case.

Binding precedents are those that must be followed by lower courts within the same jurisdiction. Persuasive precedents, on the other hand, are not binding but can be considered and used as guidance by courts in reaching their decisions.

Yes, the Doctrine of Precedent can be changed or overturned by higher courts. If a higher court decides that a previous precedent was incorrect or no longer applicable, it can overrule or modify it.

Yes, there are exceptions to the Doctrine of Precedent. For example, if a previous decision was made per incuriam (without considering relevant law or facts), it may not be binding. Additionally, decisions made by courts of coordinate jurisdiction may not be binding on each other.

The Doctrine of Precedent plays a crucial role in the development of the law. It allows for incremental changes and refinements in legal principles over time, as courts build upon and interpret existing precedents.