Which of the following is correct with respect to the characteristics of stare decisis in the common law?
A) It is based on trial by battle and trial by ordeal.
B) It prevents a higher court from overruling a lower one.
C) It allows decisions of the courts to be predictable by the parties.
D) Our statutes play the same role as the code used in the French system.
E) This term refers to the role played by the law of equity in our system.

Question

Quizplus · Accepted Answer

Stare decisis, or the principle of following precedents, allows decisions of the courts to be predictable by the parties. Option A is incorrect as trial by battle and trial by ordeal were used in ancient times and not in common law. Option B is incorrect as a higher court can overrule a lower one if it deems necessary. Option D is incorrect as our statutes do not play the same role as the code used in the French system. Option E is incorrect as the role played by the law of equity is not captured by the term stare decisis.

Which of the Following Is Correct with Respect to the Characteristics