Precedents are a fundamental source of law that acts as a guiding light for the judges to make legitimate cases. The apex court, i.e., the Supreme Court, is regarded as the highest court in the judicial system. All the courts are restricted to abide by the amendments in law from time to time. The principles of stare decisis, being part of precedent, mentions that judges of lower courts must administer the rulings passed by the higher courts while making judgments for similar cases in the court of law. Precedent can be said to be a judicial decision of any other higher court. The upper courts bind the lower courts in making decisions, whereas coordinate courts do not bind each other.
The judges of lower courts cannot alter the rule of law and are bound to follow the same.
The decisions taken by the judges of higher courts are presumed to be correct to maintain equality and make fair decisions.
There are certain exceptions to the rule of precedents that overrules the decisions given in historical cases, as circumstances in similar cases might also be different.
The court has a right to disregard an erroneous decision on a wrong principle therefore, that no innocent suffers.
In the case of delegated legislation, sometimes the law is ignored at the time of decision making so that the judgment can be questioned and altered in the present scenario.
The Common Law
Jurisprudence and legal theories by the jury are the most significant source of common law. Law is not just about legal terms and verdicts, but it is as vast as an ocean. Each case is unique in itself. Therefore, a Judge has to make decisions wisely, keeping in mind all the rules made by law. The primary aim of common law is to maintain consistency in decisions in unwonted cases as it becomes difficult for a judge to decide right and wrong.
Common law is less descriptive than civil law.
The concept of common law says that everything is permitted in the eyes of the law if it is not explicitly forbidden.
The historic decision by the court can be altered or revised in the same court of law.
It is also known as jurisprudence because of being based on the interpretation of courts and the divisional bench.
Common law may be distinctive in every district or state.
Purpose of stare decisis and common law
Stare decisis is the credo of precedent which means let the verdict stand, whereas common law guides the ruling of cases in a court of law based on precedents. The judgments of the US Supreme Court and state supreme courts regulate all the lower courts. Still, in rare cases, the lower courts can also make such historic decisions that leave their footprints in the history of judicature.
Stare decisis, and common laws are both essential to maintain uniformity in proceedings in court.
The only purpose of stare decisis is equal and fair justice to all despite any caste, creed, sex, status.
The stare decisis works for all the courts equitably, as precedents also govern the courts that take historical decisions and set a landmark for lower courts.
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