aben418 發問時間: 社會與文化語言 · 1 0 年前

THE Doctrine of precedent

PLEASE EXPLAIN THE USING OF THE DOCTRINE OF PRECEDENTS WHICH INCLUDES THE ADVENTAGES AND DISVANTAGES. AND EXPLAIN YOUR POINT OF VIEW WITH APPROPRIATE REFERRENCE.

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我不是要翻譯, 是要解答上面的問題~~thxxx

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Thaks Jason yra life saver ""

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  • Jason
    Lv 5
    1 0 年前
    最佳解答

    Doctrine of Precedents, better known as Stare Decisis (Latin) in the American legal system. The Websters dictionary defines it as "a doctrine or policy of following rules or principles laid down in previous judicial decisions unless they contravene the ordinary principles of justice."

    Its main advantage is that it provides uniformity and predictability of the law. For example, a lawyer can research the precedents and know how the courts have decide on certain issues, and how the court will most likely decide it now. It provides the judges with certain standards when faced with issues previously considered and decided.

    Its disadvantage is that, if rigidly followed, precedents may produce inequitable results. This is because each case presents new and unique facts that may or may not fit into the precedent. Sometimes precedents bind a judge's decision even if he/she does not agree with it.

    Please note that Stare Decisis is binding on lower courts. For example, U.S. Supreme Court decisions must be followed by all federal and state courts (since it is the highest court). However, a Supreme Court decision does not bind its later decisions (it can choose to overturn previous decisions), only lower courts (Courts of Appeals and District Courts) are bound.

  • 1 0 年前

    請解釋前例所使用的學說,包含他的優點和缺點.接著用適當的參考解釋你自己的論點.

    參考資料:
  • Jeff
    Lv 7
    1 0 年前

    PLEASE EXPLAIN THE USING OF THE DOCTRINE OF PRECEDENTS WHICH INCLUDES

    THE ADVENTAGES AND DISVANTAGES. AND EXPLAIN YOUR POINT OF VIEW WITH

    APPROPRIATE REFERRENCE.請說明使用的慣例,這慣例包括有利和不利之處。和在適當的參考資料後說明你的看法

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