“Stare decisis” means “let the decision stand.” This concept is influential in our legal system and is most closely related which legal term?
- Habeas corpus
- Due process
- Judicial review
The answer of the question above is number 2 which is precedent.
A precedent is a principle rule which is established in a previous legal case that is either binding on or persuasive for a court when deciding following cases with similar issues or facts. A precedent is setteled for the first time by a court for a certain kind of cases and become reference in deciding the similar cases. In other words, a past ruling on any case is known as a precedent. The rule by which judges are bound to precedent is called stare decisis. Stare decisis guides that courts to look to precedent in resolve an on-going case with similar circumstances.
Stare decisis is a legal doctrine that obligates the courts to follow previous cases in making a decision on a similar cases. Stare decisis assures that case with the similar circumstances or facts are overcome in the same way. There are two components of stare decisis principle. First, the principle that made by the court in an earlier decision is binding precedent which the courts are obligated to follow. Second, the principle which the court should not overturn the precedent unless there is a strong reason to do so which means the courts could refer or ignore the precedent.