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Stare Decisis

What is the Supreme Courts?

Supreme court is the highest court in its jurisdiction. It decides the most important issues of constitutional and statutory law and is intended to provide legal clarity and consistency the lower appellate and trial courts. Because it is the courts last resort, a supreme's court decisions also produce finality. In addition, a supreme court oversees the administration of the jurisdiction's judicial system

Should it be used in the supreme courts?

Advantages and Disadvantages

The disadvantage in this case is that the law can not change. Every year this world is changing, and becoming different which means we can not just look back at old cases and expect it to solve everything because it might seem they are related but it is not in a way. Things that were allowed back in the days may be different now. For an example, in 1896 the US Supreme Court ruled that segregated public facilities was constitutional as long as they were equal. In 1956, the Supreme Court ruled that separate but equal facilities were inherently unequal and therefore unconstitutional. Also in 1956, the Supreme Court had blindly followed the principle of stare decisis, it would have ruled that segregation was permissible.

How does Stare Decisis

affect the supreme courts?

The point of stare decisis is to make sure that the courts follow from the precedents. So when

a case has been brought into the courts they have to go back on previous cases to decide

on what should be done in that case.

What is Stare Decisis?

Latin for "to stand by a decision," the doctrine that a trial court is bound by appellate court decisions (precedentss) on a legal question which is raised in the lower court. Reliance on such precedents is required of trial courts until such time as an appellate court changes the rule, for the trial court cannot ignore the precendent (even when th etrial judge believes it is "bad law")

BRAINSTORM

The advantages of the supreme courts and stare decisis, are that there is a stability in law so that people know what is allowable and what is not. This helps them know what and what not to do in taking future actions. It also tends to promote a uniformity of law throughout the country. Different states are free to disagree among themselves as to what laws govern in their states, but since most court made law comes from common law England, many legal principles have the same roots. Courts of different states do try to make rulings in line with other states even though they do not have to.

Work Cited

http://www.howstuffworks.com/10-overturned-supreme-court-cases.htm

http://appeals.uslegal.com/powers-of-appellate-courts/effect-of-stare-decisis-on-appellate-determinations/

http://www.constitution.org/col/0610staredrift.htm

https://www.law.cornell.edu/wex/stare_decisis

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