Question
Hello, Can you please help me by reading my essay and letting me know if if meets the minimum requirements for this assignment? I have
Hello,
Can you please help me by reading my essay and letting me know if if meets the minimum requirements for this assignment? I have not gone to school for many years because I was rehabilitating from injuries sustained overseas. Please let me know where i can improve and if at all possible give me references. thank you
Stare decisis means to "stand by things decided" in Latin which is based on cases that the court has already decided on in the past. The Stare decisis compels courts to
follow historical cases and make rulings the same way of cases that have already been
heard. The stare decisis is a legal system which is used in the Supreme Court believes that things are presented evenly and consistent. When practicing the court will often look at previous cases and even if there may be doubt on those decisions made the court will not need to evaluate those past decisions and any doctrines which have been heard.When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then t Although courts seldom overrule precedent, the U.S. Supreme Court inSeminole Tribe of Florida v. Floridaexplained thatstare decisisis not an "inexorable command." When prior decisions are "unworkable or are badly reasoned," then the Supreme Court may not follow precedent, and this is "particularly true in constitutional cases." the court will make their decision in alignment with the previous court's decision.
To better understand stare decisis "The doctrine operates both horizontally and vertically.Horizontal stare decisisrefers to a court adhering to its own precedent. For example, if the Seventh Circuit Court of Appeals adhered to the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. A court engages invertical stare decisiswhen it applies precedent from a higher court. For example, if the Seventh Circuit Court of Appeals adhered to a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis".
Stare decisis cannot be overruled therefore there are no laws in place that state that Stare Decisis can be overruled or overturned. Society changes can prompt the court to overrule precedent but is exercised very careful. Courts do not always need to do what other courts have done but are normally bound by decisions they or superior courts have made.
The purpose of stare decisis is that courts should follow the historical cases and judgement when making rulings on some cases. The idea behind it is to ensure that there is some sort of consistency when handling certain cases so that people can better understand how the laws in these cases is applied. Morrison 2010 noted that once they understand how the consistency and predictability work, they can then handle these laws and the issues facing them with more clarity and better understanding. This allows for businesses to keep faith in how the justice system works thus allowing the, to properly manage their operations. This process of clarity and predictability of rulings can ensure that they benefit by avoiding such liabilities and costs associated with similar cases. With so many cases over the years since stare decisis was adopted many of these cases ended up having similar sometimes the same results thus making it easier for the courts to adopt this method of preceding over similar cases.
Most businesses in the United States would also agree with the stare decisis because of the way it is used to determine verdicts based on past cases that have gone through the process if they are similar in nature there is no reason to re-write the book because in the end businesses will end up having costly drawn out cases which may lead them to have serious financial losses.
Reference
Morrison, T. W. (2010) Stare Decisis in the Office of Legal Counsel. Columbia Law Review, 1448-1525
https://www.law.cornell.edu/supct/html/94-12.ZO.html
https://www.law.cornell.edu/wex/stare_decisis
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