“To stick by the previous decision and not to disturb the undisturbed”, these words come from the Latin Maxim which mean the principles of stare decisis. The words ‘stare decisis’ suggests ‘to be firm with the decided cases’ or ‘let the decisions stay firm’. There is a concept that is known as the ‘doctrine of precedent’ which is highlighted by these words. This doctrine lays emphasis on the fact that the rules that have been formulated by the judges in previous cases have to be the basis for the decisions to be made in later cases which are similar. The reason behind this doctrine is to foster uniformity and consistency in law making. When similar cases are looked through the same spectacle, there exists a certainty in the decisions. This is the Doctrine of Stare Decisis.
In the modern scenario, there is a different implication of this doctrine that is followed in practice. The decisions that have been made by the Higher courts shall remain binding on the courts of same jurisdiction or the ones that fall under them in the hierarchy. With the use of ratio decidendi (reasons), the lower courts have an option to decide whether or not apply the precedent or stick their own decisions.
In countries like the United States, England, Canada, the cases that fall under the paradigm of common law usually adheres to the precedents of the previous cases and maintain them as a reference point. Under this, once a question has been answered by a court, if the same question is raised in another court, then they must elicit the decision made by the previous courts. The principle of stare decisis has made it possible for people to differentiate common law and civil law.
By now, it must have dawned upon you how important is the principle of stare decisis to understand for law students, isn’t it? Over the course of time, we have evolved as the leading assignment help through guided sessions Canada organization for all the students who face tribulations in completing their assignments on time. With immaculate reference homework solutions, we have also provided several perks to students in the last ten years.
What Is The Foundation Of The Doctrine Of Stare Decisis?
The primary aim of introducing this concept in law was to promote consistency and certainty in the decisions made by the law courts. Within the legal system of Canada, there is a solid level of stability, certainty and predictability which are the results of the concept of stare decisis.
It encourages the fact that if all the things are similar in two different cases, then the legal system should opt for solving it in the same manner, irrespective of the level of judiciary the case falls under. Naturally, the doctrine of stare decisis discourages relitigation of the recurrent legal issues that have previously been solved with authority.
Concept Of Stare Decisis: A Quick Glimpse Into The Goals!
The principal of stare decisis is an important concept for law students for there is ab abundance of homework that is rolled out to students covering this area. To understand it better, our law assignment help through guided sessions experts in Canada have put dedicated efforts from their end to simplify it as much as possible for you.
Whenever students have approached us with their queries on stare decisis, we have guided them through the three main goals of stare decisis to bridge the gap between this crucial concept and their assignments.
The doctrine of stare decisis has three main underlining goals, which are as follows:
1. Promotes the confidence level on the transactions
One of the aims of stare decisis is to foster confidence in the citizens regarding the transactions made by them. This concept gives them assurance that all their transactions are in compliance with the law. As a result, people get encouraged to settle their private disputes owing to the fact that the court make the decision based on the stare decisis concept.
2. Reduces relitigation of cases
The doctrine of stare decisis also minimises the need to relitigate on the previous cases. In case, there is a change in the judge or bench, there is no requirement for fresh litigation with this concept.
3. Provides constraints on the power of the judges
Our law experts who provide assignment help through guided sessions in Canada consider this point to be of the prime importance. Stare decisis serves as a potent tool in enhancing the trust of people on the judiciary, due to which there is a constraint on judge’s powers. Also, with this concept, judges are able to carry out the legal proceedings in a non-chaotic manner.
These are some of the points that establish the importance of stare decisis. Overwhelmed with a number of law assignments on stare decisis? Don’t worry, you are not alone in this venture; our law assignment writers have transformed the way of approaching these assignments for students and helped them in getting closer to their dream grades. So, no need to dread the task of writing stare decisis law assignments. Let us clarify this concept more with the help of a well-structured law homework sample that has been curated by our experts for the reference purpose of students.
A High-quality Law Assignment Sample On The Doctrine Of Stare Decisis Drafted By Us
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Look at the following excerpt from one of the solutions that has been curated by our experts.
As you can see in the image, the assignment is on the role of stare decisis. The main objective of this law homework is to discuss the impact of the doctrine of stare decisis on the decisions taken by the law in Canada. After analysing the information given in the particular case, the task is to determine if the decision would remain same or will get changed. Here, our law assignment experts also help students understand the horizontal and vertical axis of the case to know it better.
This way, after analyzing all the associated factors, we reach the conclusion of this assignment.
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Just like we cleared the concept of the doctrine of stare decisis in this blog, our law assignment writers are thorough with all the technical knowledge required in writing flawless law assignments. Having possessed Ph.D degrees in several branches of law from elite institutions all over teh world, we have been in this industry for over a decade now. Thus, none of the queries of students go unanswered from our end.
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