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Studying and Exam Taking / Stare Decisis vs. Binding Precedent
« on: June 22, 2005, 01:28:19 AM »
I just started Delany's "Learning Legal Reasoning." I'm having a hard
time distinguishing the difference between stare decisis and binding
precedent
. He defines the doctrine of stare decisis as: "the decision
of a court in one case procides a precedent for the decision of future
cases with like or similar facts and issues..." He defines binding
precedent as: "the decision of a court in a prior case controls the
decision in future cases with like or similar facts and issues for
both the deciding court and for all inferior courts within the same
jurisdiction." So, by Delany's explanation, am I to assume that
binding precedent is a form of stare decisis? Any input on this topic
would be helpful.
time distinguishing the difference between stare decisis and binding
precedent
. He defines the doctrine of stare decisis as: "the decisionof a court in one case procides a precedent for the decision of future
cases with like or similar facts and issues..." He defines binding
precedent as: "the decision of a court in a prior case controls the
decision in future cases with like or similar facts and issues for
both the deciding court and for all inferior courts within the same
jurisdiction." So, by Delany's explanation, am I to assume that
binding precedent is a form of stare decisis? Any input on this topic
would be helpful.
I knew law school was going to tough, but I had NO IDEA how much I was going to be relying on myself to learn the law. WOW! Talk about an eyeopeing experience last night. I've committed myself to a (modified) PLS2 6-8 week prep course.