Paralegal Certification PrepLegal Terminology and ConceptsMedium
An attorney asks a paralegal to research the concept of 'stare decisis' in relation to a current case. The paralegal understands that this legal principle is fundamental to the common law system and directly influences how judges make decisions. Which of the following statements best describes the principle of stare decisis?
- AThe principle that lower courts must follow the precedents set by higher courts in similar cases.
- BThe principle that a court can only hear cases within its geographical boundaries.
- CThe principle that a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
- DThe principle that all laws must be written and codified to be enforceable.
Show answer & explanationAnswer & explanation
Correct answer: A. The principle that lower courts must follow the precedents set by higher courts in similar cases.
Stare decisis, Latin for 'to stand by things decided,' is the legal principle by which judges are obligated to respect the precedents established by prior decisions, especially those of higher courts in their jurisdiction, when deciding similar cases.
Why the other options are wrong
- B. This describes venue, or a component of personal jurisdiction, not stare decisis.
- C. This describes a fundamental principle of criminal law, the presumption of innocence, not stare decisis.
- D. This describes a characteristic of civil law systems, not common law or stare decisis.
Stare Decisis
A legal principle by which courts are bound to follow precedents established by previous decisions when deciding new cases with similar facts or issues.
- Latin for 'to stand by things decided'
- Ensures consistency and predictability in law
- Lower courts must follow higher court precedents
- Foundation of common law systems
Memory trick: Stare Decisis: 'Stand by Decisions' – like a judge looking at old case books.