stare décisifs and the doctrine of precedent

Question 1

stare décisis and doctrine of precedent are

Answer 1

used interchangeably

Question 2

the doctrine of precedent is configured how it is because

Answer 2

• fair and just to decide similar cases in a similar way
  -regualrity, consistency and predictability in the law
  -help maintain a stable society

Question 3

relying on higher court judgements…

Answer 3

reduces cost, the length of trails and increases efficiency

Question 4

following a trend of decisions handed down means

Answer 4

-reduce arbitrary judgements, bias and corruption, whim of individual judges

Question 5

vertical stare decsis

Answer 5

the prickle that lower courts must follow the precedents established by higher courts

Question 6

where a court deviates form vertical stare decsis

Answer 6

they will be reprimanded

Question 7

where a court legitimately distinguishes a case…

Answer 7

they will not be reprimanded

Question 8

appellate courts can either decide a case

Answer 8

unanimously or split decsion

Question 9

the majority descison

Answer 9

forms the decision of the court
-in supreme court decision spilt 3-2 the 3 judge majority forms the ruling of the court

Question 10

dissent

Answer 10

-holding or expression of opinions difffenrt to those commonly held
-disagreement arises because Judges take on a judicial oath “to do right by all people after the laws”