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Introduction to the Law for Paralegals 1st Edition by Deborah Benton
Edition 1ISBN: 978-0073511795Introduction to the Law for Paralegals 1st Edition by Deborah Benton
Edition 1ISBN: 978-0073511795 Exercise 2
Identify the difference between precedent and stare decisis.
Explanation
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Case Law is one primary source out of the five sources of law. The published opinions of the federal and state courts are known as Case Laws. It is the basis for the doctrine of precedent and stare decisis.
Stare Decisis is a doctrine which ensures that the courts follow the previous ruling on a similar or future case. It literally means 'to stand by the decision'.
Precedent is a legal principle, or a rule established in a previous case. It is either binding or can affect the judgments of the cases that have similar issues or facts.
The basic difference between Doctrine of Stare Decisis and Precedent is that in stare decisis courts look to back to the precedents established by the courts. Whereas precedents are the rules or decisions established by the courts. This precedent becomes an example, in the future, which is referred to by the courts while following the doctrine of stare decisis
Stare Decisis is a doctrine which ensures that the courts follow the previous ruling on a similar or future case. It literally means 'to stand by the decision'.
Precedent is a legal principle, or a rule established in a previous case. It is either binding or can affect the judgments of the cases that have similar issues or facts.
The basic difference between Doctrine of Stare Decisis and Precedent is that in stare decisis courts look to back to the precedents established by the courts. Whereas precedents are the rules or decisions established by the courts. This precedent becomes an example, in the future, which is referred to by the courts while following the doctrine of stare decisis
Introduction to the Law for Paralegals 1st Edition by Deborah Benton
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