| law |
доктринальный подход (Follow precedent. Principle of stare decisis: "Let the decision stand". New cases should be decided the same way as old cases. Follow precedents if similar facts in previous cases. Makes laws stable and predictable so people know what to expect because judges follow previous decisions. Advantages: Adopt principle and apply to cases with similar circumstances: Attempts internal consistency by judges in decisions. Consistency and continuity in law. Disadvantages: Size and diversity of cases and rulings: Always find precedent for either side. Most common approach, but it's used by judges in both majority and minority opinions. Difference between ratio decindi: underlying principle or rule of decision obiter dictum: excess language; legal reasoning to support decision Which is which? Justices can always decide facts of case are different from precedent: No guidelines for following precedent. Alex_Odeychuk) |
