Stare decisis

Doctrine of Stare Decisis

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According to the doctrine of stare decisis, when a point of law has been once settled by a judicial decision, it forms a precedent which is binding and must be followed. The common law doctrine of stare decisis requires that the decisions of superior jurisdiction must have, apart from their intrinsic merit, a binding force … Read more

Difference between Res judicata and Stare decisis

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Code of Civil Procedure

Res judicata means “a thing adjudicated”; “a case already decided”; or “a matter settled by a decision or judgment”. Stare decisis means “to stand by decided cases”, “to uphold precedents”, “to maintain former adjudications”, or “not to disturb settled law”. Those things which have been so often adjudged ought to rest in peace. Res judicata … Read more