| 单词 | stare decisis |
| 释义 | stare decisis stare decisis 'let the decision stand'. The Anglo-American system of dealing with PRECEDENTS depends on a COURT's position in the hier- archy of courts. A court will be compelled to follow the previous decision where the decision is in point, i.e. where the facts are suffi- ciently similar to require the application of the same law, e.g. in England the Court of Appeal must follow the House of Lords, and the High Court, the Court of Appeal. The House of Lords, to allow some flexibility in 1966, allowed itself to depart from its own previ- ous decisions. In recent years when such a step is contemplated a larger court is convened; see, for example, Murphy v. Brentwood [1990] 3 WLR 414. It is the RATIO DECIDENDI of the case that must be followed. The system is a good one, providing certainty and pre- dictability, which is of value for the many thousands of cases that go nowhere near a court. Its main drawback is inflexibility. |
| 随便看 |
|
法律词典收录了2351条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。