stare decisis

Английский Язык - Английский Язык

Определение stare decisis в Английский Язык Английский Язык словарь

The principle of following judicial precedent

(Kanun) The legal principle of determining points in litigation according to precedent. (Latin) 'stand by things decided'

The doctrine that courts will follow principles of law laid down in previous cases Similar to precedent

to abide by things decided

           The rule of precedence commonly held as binding; when a judge must decide on a case where the same question is presented as had been previously decided

(Latin; "let the decision stand") In common law, the doctrine under which courts adhere to precedent on questions of law in order to ensure certainty, consistency, and stability in the administration of justice. Since no court decision can have universal application, the courts, in practice, must often decide that a previous decision does not apply to a particular case even though the facts and issues appear to be closely similar. A strict application of stare decisis may lead to rigidity and to legal hairsplitting, whereas too much flexibility may result in uncertainty

The doctrine that once a principle of law has been determined to be applicable to certain facts, that principle will be followed in future cases involving substantially identical facts

The legal doctrine developed in England of following precedents laid down in previous judicial decisions unless they contravene ordinary principles of justice

the doctrine that decisions should stand as precedents for guidance in future cases

A Latin phrase that literally means "to let the decision stand " It expresses the common law doctrine that court decisions should be guided by precedent Internet link: http: //www lectlaw com/def2/s065 htm

"To abide by decided cases"; The doctrine compelling courts to honor the prior decision of courts on the same issue

The reliance of courts on previous decisions when judging disputes (See common law)

(sta're de-si'sis) - A doctrine that, when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same

Latin for "to stand by that which is decided " Refers to the principle of adhering to precedent when deciding a case

The doctrine that, when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to future cases where the facts are substantially the same

(Latin) the decision shall stand (used to express that legal precedents should always be followed)

"Let the decision stand " This concept is the operating principle in the common-law system and requires that judges follow precedent case law when making judgments

In court rulings, reliance on consistency with precedents

(lat ) to stand by that which was decided; the legal principle that a lower court will follow that which has already been decided by a previous case

Этимология

() From the Latin stāre (“to stand”; “to stay”, “to remain”), present active infinitive form of stō (“I stand”; “I stay”, “I remain”) + dēcīsīs = “let the decision stand”.