Criminal Justice Practice Exam

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Which legal principle requires courts to follow precedents established in previous cases?

Common law
Stare decisis
Case law
Judicial review

The correct answer is: Stare decisis

The principle that requires courts to follow precedents established in previous cases is referred to as stare decisis. This doctrine is fundamental to the operation of the judicial system, promoting consistency and stability in legal interpretations. Stare decisis ensures that similar cases are treated alike, which reinforces public trust in the legal system, as individuals can rely on established precedents when making decisions regarding their conduct or legal actions. While common law encompasses laws that have developed from court decisions rather than statutes, it is stare decisis that specifically mandates the adherence to these established precedents. Case law, as a term, refers to the body of law created by judicial decisions, but again, it is stare decisis that governs how those decisions are utilized in future cases. Judicial review pertains to the power of courts to evaluate the constitutionality of legislative acts and executive actions, and does not directly relate to the application of precedent. Thus, understanding stare decisis is crucial for grasping how legal consistency is maintained within the judicial system.