Stare Decisis and the Principle’s Role in Court Cases

Topic: Court Words: 307 Pages: 1

To avoid the effects of bias and prejudice, lawyers often rely on objective established set of principles. Stare decisis is a doctrine that is based on courts following previously covered cases with the aim of increasing efficiency throughout the process (Cross & Miller, 2021). Overall, this system allows for stability and consistency in the way certain cases are treated, lowering the probability of a judge resolving one unethically or illegally. Furthermore, the principle of stare decisis is considerably dependent on the concept of a legal precedent. The term refers to an exemplar court case decision that is acknowledged in similar instances (Cross & Miller, 2021). Binding, or controlling precedents, are sources that act as a compulsory legal foundation to consider when reviewing a case. In that way, many controversial court cases can be viewed from the perspective of stare decisis to obtain a reliable and objective outcome.

In the instance of abortions, a similar system of principles can be applied. According to stare decisis, all court decisions must be based on a court’s own precedents. Additionally, the decisions of lower courts are completely based on the justifications of higher courts. Consequently, recent cases of anti-abortion laws and the contrasting pro-abortion proceedings illustrate the way courts handle such controversial issues. Since the Supreme Court legalized abortion several decades ago, most cases regarding the law relied on the Court’s decision. However, anti-abortion advocates have brought up arguments against the strict utilization of past court rulings. Referring to the outdated nature of past abortion procedures, anti-abortion supporters emphasize the importance of reforming the settled laws. In this way, lower courts may appeal to reconsider the value of precedents and modify the role of the stare decisis principle. On the other hand, adhering to credible law sources when resolving such debatable matters will undoubtedly increase the validity of the jurisdictional outcomes.

Reference

Cross, F.B., and Miller, R.L. (2021). West’s legal environment of business (11th ed.). Cengage Learning.

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StudyCorgi. (2023) 'Stare Decisis and the Principle’s Role in Court Cases'. 12 January.

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StudyCorgi. "Stare Decisis and the Principle’s Role in Court Cases." January 12, 2023. https://studycorgi.com/stare-decisis-and-the-principles-role-in-court-cases/.

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StudyCorgi. 2023. "Stare Decisis and the Principle’s Role in Court Cases." January 12, 2023. https://studycorgi.com/stare-decisis-and-the-principles-role-in-court-cases/.

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