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unless they contravene the ordinary principles of justice Origin of STARE DECISIS Latin, to stand by decided matters First Known Use: 1782
Definition Legal maxim that once a principle of law has been determined by an appellate court to be applicable to the facts of a case, it will be followed in the future cases involving substantially identical facts, unless overruled by the same or a higher court. It underlies the law doctrine of precedent. Latin for, to stand by things decided.
Definition of 'Stare Decisis' A Latin term meaning "to stand by that which is decided". Stare decisis is a legal principle which dictates that courts cannot disregard the standard. The court must uphold prior decisions. In essence, this legal principle dictates that once a law has been determined by the appellate court (which hears and determines appeals from the decisions of the trial courts) to be relevant to the facts of the case, future cases will follow the same principle of law if they involve considerably identical facts.
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Meaning of Stare decisis ‘Stare decisis’ means ‘to stand by decided cases’. .By A. Barabanki Stare decisis and Art.l nor what logically flows from the various observations made in the judgment. What is of essence in a decision is it ratio. Wh have hierarchy of courts. Lis It is basal to common law doctrine of binding precedent that there should be a lis for adjudication before the Court. Awasthi Additional District Judge. and not every observation found therein. A decision cannot be relied upon in support of a proposition that it did not decide 3. A case is an authority for what it decides.. in short ‘Constitutin’ if provides that the law declared by Supreme Court shall be binding on all courts within the territory of India. It decides cases with a seal of finality. a set of material facts and the Judge has to apply the reasoning to justify decision after putting the facts in a legal pigeon-hold. firmly entrenched in British system of doctrine of binding proceedent and embodied in Article 141 of the Consitution of India. 141. The Supreme Court is at the top of pyramid. Law declared binding It is ‘aw declared’ that is binding. The decision not express. It is to be discerned as to what is binding and determined whether the Supreme Court is bound by its own decisions. The decision is an authority for what it actually decides. The expressions ‘binding’ and ‘on all courts’ catch our eyes.K. Indeterminacy of precedent authority must not sway away the mind of a Judge. nor founded on reasons. The enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent1. nor proceeding on consideration of the issue cannot be deemed as ‘law declared’2. Constitutin of India The principle of stare decisis is embedded in latin Maxim ‘stare decisis et non quieta movere’.
statements on hypothetical fact-situations. which are passed for as obiter dicta. The former is res judicata. The precedent becomes binding and must be followed by courts of like rank. the case holding is said to be binding on the lower courts. Background Stare decisis is a common-law concept derived from the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed. Under the principal of stare decisis lower courts must follow the decisions of their supervising courts as long as the two cases are factually identical. Ratio decidendi and Obiter dicta It is ratio decidendi that is binding. ratio decidendi4. The obiter dicta is the incidental question which may arise. or problems.Res Judicata and Ratio decidendi A decision on a matter in issue alone is res judicata. for consideration. while the latter is the reason for decision i. and not casual remarks. It may resolve a controversy inter partes and may also formulate enunciation of law. ." In common law legal systems. indirectlly connected with the main questions. STARE DECISIS A basic principle of the law whereby once a decision (a precedent) on a certain set of facts has been made. another Court of the same rank or lower.e. If the lower court is unable to distinguish their case from a controlling decision. Lawyers often take great pains to separate the holding (which is binding on lower courts) from so-called dicta (language in the decision which is not binding on lower courts). Normally even an obiter dictum of Supreme Court is expected to be obeyed and followed5. The observations on unreal questions decided in personam are not binding as precedent6. must apply that decision in cases presenting the same set of facts. something said by the way. the judiciary plays an important role in creating law and interpreting legislative enactments. the reason for the decision is not res judicata..
As a practical matter..  Strict Stare Decisis Strict stare decisis refer to the idea that courts should always follow their own decisions and decisions of higher courts. and a contrary necessity marks its outer limit.Proponents of stare decisis argue that the system leads to greater predictability. we recognize that no judicial system could do society's work if it eyed each issue afresh in every case that raised it. With Cardozo. the very concept of the rule of law underlying our own Constitution requires such continuity over time that a respect for precedent is. stare decisis arguably leads to the perpetuation of irrational or wrongly decided decisions. civil law judges are generally not constrained by the decisions of higher courts.. Indeed. the differences are often oversold. For others. a different necessity would make itself felt if a prior judicial ruling should come to be seen so clearly as error that its enforcement was for that very reason doomed. indispensable. Stare Decisis in Civil Law Jurisdictions In comparison... In the United States it has been said that judges use stare decisis when it follows the outcome of the case they wish to see.  . both civil law and common law judges use horizontal and vertical cases to inform their own decisions. The concept of strict stare decisis has generally been rejected by courts around the globe. Vertical Stare Decisis Verticla stare decisis refers to the concept that lower courts are bound by the decisions of higher courts. . At the other extreme. regardless of whether those decisions are sound in judgment. . However in practice. Horizontal Stare Decisis Horizontal stare decisis refers to the idea that a court should be bound by its own decisions. by definition. The obligation to follow precedent begins with necessity.
B. "to stand by that which is decided. LEGAL DEFINITION OF STARE DECISIS LEGAL DEFINITION OF STARE DECISIS LATIN -MEANING 1." The principal that the precedent decisions are to be followed by the courts. .9a. The Meaning of "Ratio Decidendi" The Meaning of "Ratio Decidendi" By Brian Madigan LL. 2.To abide or adhere to decided cases.
The legal doctrine of stare decisis requires lower courts to follow the principles of the law enunciated by the higher courts. or the decision that the court held in a particular case.The latin expression "ratio decidendi" is one of the most important phrases used in law. from the one at bar. It stands for the "legal principle". This is also the task of lawyers in subsequent cases. The ratio decidendi: •· •· •· •· •· represents the essential elements of the case recites the fundamental issues in the case requires a conclusion based of the actual facts in the case is necessary to the logic of the decision formulates the legal principles decided in the case In short. and that which is obiter. then it is binding upon lower courts. One of the opportunities is to argue that the superior court decision contained obiter on the point in issue. "the reason behind the decision" or "the rationale of the case". In essence. Fundamentally. If the fact or principle is part of the ratio decidendi. or matters which are not material are unnecessary. this is the important legal maxim drawn from the case. The binding part of the case must be part of the ratio decidendi. one of the roles of the judiciary is to determine in every case that which is part of the ratio. . and often referred to as "obiter dicta" or "obiter" for short. A lawyer confronted with a difficult decision pronounced in a superior court will need to distinguish the case. It is the essential part of the decision. then it is not binding. If it is merely obiter dicta. They are non-essential. it is the "holding" in a case. Less important matters.
B. Brian Madigan LL.It is also noteworthy that obiter of a very high court. or leading jurist is quite persuasive. and sometimes more significant that the ratio decidendi of another lower court. Litigation often revolves around the distinction between ratio and obiter. If it weren't. Royal LePage 905-796-8888 www.. This is one of the most difficult challenges in the adversarial judicial system. there would be no need for lawyers.com Innovators Realty . and stare decisis hangs in the balance. Realtor is an author and commentator on real estate matters.OntarioRealEstateSource.
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