Which of the following is not true about stare decisis?
Stare decisis, a Latin phrase meaning “to stand by things decided,” is a fundamental principle in the legal system that dictates that courts should follow precedent set by previous decisions. This principle ensures consistency and predictability in the law. However, there are various misconceptions and misunderstandings about stare decisis. In this article, we will explore some of the most common myths and discuss which of the following statements about stare decisis is not true.
Firstly, many people believe that stare decisis is an absolute rule that courts must always follow. However, this is not true. While stare decisis is an important principle, there are instances where courts can and do depart from precedent. For example, if a previous decision was clearly erroneous or if there has been a significant change in the law, a court may choose to overrule the precedent. This demonstrates that stare decisis is not an inflexible rule but rather a flexible guide that courts may follow or depart from based on the circumstances.
Secondly, some individuals think that stare decisis only applies to Supreme Court decisions. In reality, stare decisis applies to all levels of the judiciary, including federal and state courts. While Supreme Court decisions have a significant impact on the law, lower courts are still expected to follow the precedent set by higher courts within their jurisdiction. This ensures that there is consistency in the application of the law across different levels of the judiciary.
Thirdly, there is a misconception that stare decisis prevents the law from evolving. While it is true that stare decisis can sometimes slow down the pace of legal change, it also serves as a safeguard against arbitrary and inconsistent decisions. By requiring courts to follow precedent, stare decisis helps maintain the integrity of the legal system and ensures that decisions are based on established principles and reasoning.
Lastly, some people believe that stare decisis is solely responsible for the development of the common law. While stare decisis plays a crucial role in the common law system, it is not the only factor. The common law also evolves through judicial decisions, legislative actions, and societal changes. Stare decisis simply provides a framework for how these changes should be implemented and followed.
In conclusion, which of the following is not true about stare decisis? The correct answer is that stare decisis is an absolute rule that courts must always follow. This statement is false because stare decisis is a flexible principle that courts may follow or depart from based on the circumstances. Understanding the true nature of stare decisis is essential for a comprehensive understanding of the legal system and its principles.
