Briefly describe the doctrine of Stare Decisis and its relevance in legal writing and research.

Question: Briefly describe the doctrine of Stare Decisis and its relevance in legal writing and research.

Find the question and answer of the Research Methodology only on Legal Bites. [Briefly describe the doctrine of Stare Decisis and its relevance in legal writing and research.]

Answer

The doctrine of stare decisis is a fundamental principle in the common law legal system, which is the legal system used in many countries including the United States, England, and Canada. Stare Decisis is a Latin term meaning "to stand by things decided." It refers to the legal principle that courts should generally adhere to precedents and decide cases in a manner consistent with prior decisions. In other words, once a legal issue has been decided by a court, that decision should generally guide future decisions in similar cases.

The relevance of Stare Decisis in legal writing and research is significant. When conducting legal research, lawyers and legal scholars often rely on precedent to understand how courts have interpreted and applied the law in the past. They use prior decisions to argue their cases, predict how courts may rule in the future, and craft persuasive legal arguments. Legal writing frequently involves analyzing and distinguishing precedents to support a particular legal position or to critique existing legal doctrine.

Stare Decisis promotes consistency, predictability, and stability in the legal system by providing a framework for resolving disputes and interpreting the law. However, it is not an absolute rule, and courts may depart from precedent in certain circumstances, such as when a prior decision is outdated, erroneous, or no longer consistent with societal values or legal principles. Nonetheless, Stare Decisis remains a cornerstone of the common law tradition and plays a crucial role in shaping legal arguments and decisions.