A civil case begins when a person or entity (such as a corporation or the government), called the plaintiff, claims that another person or entity (the defendant) has failed to carry out a legal duty owed to the plaintiff. Both the plaintiff and the defendant are also referred to as "parties" or "litigants." The plaintiff may ask the court to tell the defendant to fulfill the duty, or make compensation for the harm done, or both. Legal duties include respecting rights established under the Constitution or under federal or state law.
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Stare decisis can be defined as a legal doctrine whereas eminent domain refers to the power of the federal government or state.
The differences between stare decision and eminent domain are as follows:
- Stare decisis is used as a benchmark to deal with similar cases whereas eminent domain creates a standard of dealing with private property cases.
- Stare decisis can be overruled according to the requirement of the case whereas the eminent domain cannot be overruled.
- Stare decisis helps in dealing with cases whose judgement is not simple whereas eminent domain helps in deriving land from private owner for the sake of public construction.
Learn more about stare decisis:
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Answer:
Structure and consistency