BACHELOR OF BUSINESS ADMINISTRATION

BUSINESS ADMINISTRATION

BUSINESS LAW

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Stare Decesis requires upper courts to follow established case law in deciding similar cases.
A
True
B
False
Explanation: 

Detailed explanation-1: -The doctrine of stare decisis refers to the rule in which the court would follow previous judicial decisions in future instances. As a result, when the same questions or arguments are addressed in later instances, the court will follow the findings of previous cases.

Detailed explanation-2: -The doctrine of Stare Decisis makes the decisions of courts, generally, the higher courts, binding on the subordinate courts in cases wherein similar questions of law are brought before the court. The applicability of the said doctrine ensures that there is predictability and certainty within the law.

Detailed explanation-3: -Stare decisis is also known as the concept of precedent, which means the decision taken by the higher courts shall be followed/binding on the lower courts, which stands as a precedent to the lower courts. This gives the law finality and maintains consistency and permanence.

Detailed explanation-4: -The exceptions The doctrines of ‘per-incurium’ and ‘sub-silentio’ are exceptions to the rule of stare decisis. If a decision has been given in ignorance of law or any statute or any binding authority, the doctrine of ‘per-incurium’ is attracted5.

There is 1 question to complete.