Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:
This doctine means that courts refer to the previous, similar legal issues to guide their decisions. Such previous decisions that courts refer to are known as “precedents”. Precedents are legal principles or rules that are created by the decisions given by courts. Such decisions become an authority or an example for the judges to decide similar legal cases/issues in the future. This doctrine creates an obligation on courts to refer to precedents when taking a certain decision. Identify the relevant doctrine.
Options:
Ejusdem Generis
Obiter Dicta
Salus Populi Est Suprema Lex
Stare Decisis
Correct Answer:
Stare Decisis
Explanation:
Stare Decisis: The term ‘Stare Decisis’ originates from Latin. It means ‘to abide by things decided.’ The doctrine of Stare Decisis is used by all courts in all cases/legal issues. For instance, if the Supreme Court passes a judgement and it becomes a precedent, then as per the doctrine of Stare Decisis, the lower courts must follow such a judgement.
The doctrine of Stare Decisis means that courts refer to the previous, similar legal issues to guide their decisions. Such previous decisions that courts refer to are known as “precedents”. Precedents are legal principles or rules that are created by the decisions given by courts. Such decisions become an authority or an example for the judges to decide similar legal cases/issues in the future. The doctrine of Stare Decisis creates an obligation on courts to refer to precedents when taking a certain decision.
The doctrine of Stare Decisis refers to the concept that courts must follow previously made judicial decisions in cases where the same legal issues are brought before them in subsequent matters.