BACHELOR OF BUSINESS ADMINISTRATION

Detailed explanation-1: -The doctrine of Stare Decisis means that courts refer to the previous, similar legal issues to guide their decisions. Such previous decisions that courts refer to are known as “precedents”. Precedents are legal principles or rules that are created by the decisions given by courts.

Detailed explanation-2: -The policy of the court to stand by precedent is termed as Stare decisis. In a literal sense, it means “to stand by decided matters”. The phrase “stare decisis” is itself short of the Latin phrase “stare decisis et non quieta movere”. This phrase means “to stand by decisions and not to disturb settled matters”.

Detailed explanation-3: -Stare Decisis is a Latin term which signifies To stand by decided cases or to uphold precedents or to maintain former adjudications. In India, the doctrine of stare decisis has been adopted through Article 141 of the Constitution, which declares that decisions of higher court are binding on subordinate courts.

Detailed explanation-4: -Unlike the common law systems, civil law jurisdictions do not adopt a stare decisis principle in adjudication. In deciding any given legal issue, precedents serve a persuasive role. Civil law courts are expected to take past decisions into account when there is a sufficient level of consistency in case law.

Detailed explanation-5: -The doctrine of precedent which is also known as stare decisis, i.e. stand by the decision, is based on the principle that like cases should be decided alike. Once a case is decided by judge by applying the principle, a case on similar facts which may arise in future must also be decided by applying the same principle.