The legal principle that requires a court to follow a similar previous case is known as “stare decisis,” which is a Latin term that translates to “to stand by things decided.” Stare decisis is a fundamental principle in the common law legal system and reflects the idea that decisions made in prior cases should serve as precedents or binding authority for future cases involving similar legal issues.
Stare decisis generally requires judges to follow decisions from higher courts within the same jurisdiction. The principle is most strongly applied vertically within a judicial hierarchy, meaning that lower courts are obligated to follow the precedents set by higher courts. The decisions of higher courts are considered binding on lower courts within the same jurisdiction.
Key points regarding the application of stare decisis to decisions from higher courts include:
Binding Authority: Decisions from higher courts, particularly appellate courts, are considered binding authority for lower courts. Lower courts are bound to follow the legal principles established in decisions by higher courts.
Vertical Stare Decisis: The primary application of stare decisis is vertical, meaning it operates within the hierarchical structure of the court system. The decisions of a court of appeals, for example, are binding on trial courts within its jurisdiction.
Adherence to Precedent: Lower courts are expected to adhere to and apply the legal principles established by higher courts in similar cases. This promotes consistency and uniformity in the application of the law.
While stare decisis is most robust when applied to decisions from higher courts, it does not exclusively require adherence to decisions from higher courts. There are situations where judges may also consider decisions from courts at the same level or even from lower courts, but the weight of such decisions may be less than that of decisions from higher courts.
Additionally, when there is no directly applicable precedent from a higher court, judges may look to persuasive authority, including decisions from other jurisdictions or legal scholars, to inform their decisions. While not binding, persuasive authority can influence a court’s reasoning, especially when there is a gap in binding precedent.
It’s important to note that the principle of stare decisis is not absolute, and there are circumstances where a court may depart from precedent. Courts may distinguish the facts of a current case from those of a precedent, question the correctness of a prior decision, or overrule a precedent if it is considered outdated or no longer sound.
“I/WE have been doing business with George Brown Professional Corp for many years on files that became problematic and difficult to find closure on. Mr. Brown and staff "came to the rescue" on each occurrence and painlessly resolved the issues to our satisfaction. Paul Redley VP Commercial Mortgages“
“George fought very hard for my claim and was able to resolve the matter very quickly - if you have any small claims issues, I would highly recommend you use George and his staff.“
My husband and I hired George Brown for a landlord and tenant dispute. Since the moment we hired him, he immediately lifted a huge weight off of our shoulders. George made us feel confident in the process and he was reassuring every step of the way! We had to do very little in regards to the process as George handled everything in a timely manner. The best news..we won our case! Would definitley hire him again in the future, if required.
“George brown paralegal services is very professional well educated in landlord and tenant disputes Marija pavic a person who looked after my case made me very happy and she only had July 28 to the 31st to review my case and made sure everything was covered has things thrown out due to improper filling it was fun and the best outcome I could have asked for. “
Contact George Brown Professional Corporation for Paralegals across Toronto & Barrie, ON
CALL NOW !BOOK A MEETING TO REVIEW YOUR CASE
BOOK A MEETING TO REVIEW YOUR CASE
© 2023 George Brown Professional Corporation. Designed & Developed By CONVIRZON