Question

Zach is on trial for breaking and entering, a crime. Zach wants to argue that he is not guilty because he did not "break" open the door or lock to the house he entered, because the door was unlocked and open. Several criminal defendants in the past have also presented this defense in similar cases. A judge will use which legal standard to determine whether this is defense is available to him?
A. Per Curiam Opinion. B. Res Ipsa Loquitor. C. Res Judicata. D. Stare Decisis.

Answer 1

Answer:

D. Stare Decisis.

Explanation:

Stare Decisis refers to a legal doctrine in which the courts adhere to the precedents that are set by the last decisions. It adheres the prior cases and on the same time it also make a rule on the same case.

Since in the given situation, the criminal defendants in the past period has shown the defense in the same cases so the judge applied the Stare Decisis to figure out that is defense is available to him or not

Therefore the correct option is D.