Stare decisis is important because it is essential to the doctrine of precedent, according to Cornell University Law School. Stare decisis means a court will stand by a ruling previously issued in earlier cases. This method is used to determine rulings in lower courts as well. Once a court has issued a ruling, all lower courts must have the same response in future cases.Continue Reading
Stare decisis, which comes from the Latin phrase meaning "to stand by things decided," first arose in importance in the 1800s when court cases became more easily accessible to lower courts, lawyers and judges, making it easier for courts to reference previous cases to help inform current ones. As Wikipedia explains, stare decisis sets an interpretation of the law that is expected to be followed in subsequent cases. In the United States, courts seek to follow precedent whenever possible so as to avoid disturbing matters that have already been settled.
Precedents are very rarely overturned, according to The Free Dictionary. When this does occur, it is usually a sign of change in the interpretation of the law. For instance, the landmark case Brown v. The Board of Education overturned a precedent that had been set years earlier by Plessy v. Ferguson. In this case, the courts ignored the precedents already set and ruled racial segregation illegal.
In the United States, stare decisis has been influential in a number of controversial cases. Roe v. Wade in 1973 defined a woman's constitutional right to choose to have an abortion, thereby setting a precedent that has been followed in the majority of related cases tried subsequently, even despite the controversy it has created.Learn more about Law
A person cannot avoid a subpoena simply by not being present and if the person is served with a subpoena and does not appear in court then the individual can be punished for contempt of the court, reports Cornell University Law School and the Zurin Institute. However, most of the time the subpoena cannot be issued unless there is an existing civil, administrative or criminal proceeding.Full Answer >
The U.S. fiduciary duty law, found in Title 29, Section 1104 of the U.S. Code, requires fiduciaries to execute their duties in conformity to trustee plans and applicable statutes, and with the welfare of beneficiaries and other pertinent parties as their primary focus, explains the Cornell University Law School. Because of this mandate, the law requires fiduciaries to, for example, keep administrative costs as low as possible and diversify trustee plan investments to minimize risk.Full Answer >
A power of attorney gives one party the authority to act on behalf of another as his agent and can make legal and life decisions on their behalf according to the Legal Information Institute at Cornell University Law School. Power of attorney can take effect immediately or on a future date associated with a certain event.Full Answer >
A workers' compensation lawyer handles workers' compensation cases and specializes in this specific type of case, notes the Cornell University Law School. A workers' compensation case is a legal case where a worker has been injured in some way while at work and may be entitled to financial support from the company or organization where he works.Full Answer >