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Doctrine of Precedent and the Hierarchy of the Courts.
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| Submitted: Wed Feb 04 2004
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Doctrine of Precedent and the Hierarchy of the Courts Precedent operates under the idea of the Latin phrase, "Stare decesis et non quieta movere", stand by what has been decided and do not unsettle the established. Which means a decision made in one case is binding on all following cases of similar fact in lower courts. There are three main principals involved. Ratio deciendi which is the reasoning behind the judges decision. This is the binding element of a case. Then there is the reliable system of law reporting. There are so many cases each day that the law keeps changing. Also there is court hierarchy, precedents made in the higher courts are followed by lower courts. The higher courts in the hierarchy binds all courts lower than it. It creates precedents that are followed by inferior judges when the facts of the cases are similar. The ratio deciendi must also be...
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