What term describes the policy of courts to adhere to precedent in legal cases?

Prepare for the Conference National Board – Arts Exam with flashcards and multiple choice questions. Each question includes reliable explanations. Gear up to ace your exam!

The policy of courts to adhere to precedent in legal cases is described by the term "stare decisis." This principle ensures that once a court has established a legal rule in a decision, future cases with similar facts will be resolved consistently according to that rule. The practice promotes stability and predictability in the law, allowing individuals and entities to understand their rights and obligations under previously established legal standards.

Stare decisis operates on the premise that adhering to precedents serves the interests of justice by treating similar cases alike. This not only fosters legal consistency but also builds public confidence in the judicial system. As a result, decisions made by higher courts typically guide lower courts, shaping the interpretation and application of laws.

The other terms, while related to legal processes, refer to different concepts. "Res judicata" pertains to the principle that a matter that has been adjudicated by a competent court and may not be pursued further, thereby preventing the same issue from being tried again. "Binding authority" refers to legal sources that must be adhered to by lower courts, which can include statutes or case law determined by higher courts. "Case law" signifies the body of law comprised of judicial opinions that interpret and apply statutes and regulations, but does not specifically address the

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy