American courts often make decisions by relying on the principle of stare decisis, meaning that they use the legal precedents se

Question

2 years ago

6

American courts often make decisions by relying on the principle of stare decisis, meaning that they use the legal precedents se

t by prior court decisions. With regard to protecting civil rights and civil liberties, why might this principle be a bad idea

Social Studies

1 answer:

mart [117] · Answer 1 · 2022-07-05T12:32:52+03:00

The principle of stare decisis be a bad idea because if a major court decision undermines rights and liberties, then it might stand longer.

<u>Explanation</u>:

Stare decisis is a common principle followed in the legal system to determine points in lawsuit according to precedent.

According to stare decisis, the court follows the previous case judgment and follows it in a same way while handling similar cases. This shows that cases with similar facts or scenario are approached in the same way.

Courts decide to follow stare decisis as the solutions are already provided for the issues. The courts in America generally follow stare decisis principle to make decision.