Question

In a lawsuit between Cloud Computing Corporation and Digital Enterprises, Inc., the court applies the doctrine of stare decisis. What is this doctrine? What does this doctrine have to do with the American legal system?

Answer 1

The doctrine of stare decisis is a principle that states that while making a decision on the present case, the courts must look for similar cases with similar issues from the past to guide their decision. In simple words, it means "to stand by the things decided in the past". The decisions taken in the past that become standard decisions are known as precedent.

The doctrine of stare decisis helps the Americal legal system to build case by case and helps the American law become a common law system. The doctrine of stare decisie has two important components that are (a) All the common law systems need to follow procedure of authority; and (b) The decisions made by the higher court must be followed the lower court.

EXAMPLE: John borrows the vacuum cleaner of Sam without his permission and accidently breaks the vacuum cleaner. Sam demands John to buy him a new vacuum cleaner and they both end up in a court. The court decides that John owes Sam money required to fix the vacuum cleaner but doesn't have to buy him a new vacuum cleaner. So, now this decision taken becomes a precedent and this decision must be followed by lower courts with same jurisdiction : when ever a borrowee's item is broken by the borrower and if the item was taken without borrowee's permission, the borrower must pay to get that particular item fixed. All lower courts must abide by this decision.