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 allows decisions of the courts to be predictable by the parties.
C) Our statutes play the same role as the code used in the French system.
D) It prevents a higher court from overruling a lower one.
E) This term refers to the role played by the law of equity in our system.

Question

Quizplus · Accepted Answer

Stare decisis is a principle in common law where courts often look to previous decisions made by higher courts to make decisions on current cases. This allows for predictability in decisions for the parties involved. Option A is incorrect because trial by battle and trial by ordeal were used in medieval times but have no relevance to stare decisis in modern common law. Option C is incorrect because while our statutes do play a role in our legal system, they are not equivalent to the code used in the French system. Option D is incorrect because while higher courts generally follow the decisions of lower courts, they can still overrule them. Option E is incorrect because the term "stare decisis" does not refer to the role played by the law of equity but rather to the principle of using precedent in making legal decisions in common law.

Which of the Following Is Correct with Respect to the Characteristics