Studia Iuridica Lublinensia | |
Stare Decisis and Common Sense in American Civil and Criminal Jurisprudence | |
Michael D. Kmetz1  George A. Otstott2  John McClellan Marshall3  | |
[1] Law Office of Michael D. Kmetz, Norfolk;Otstott Jamison, P.C. Lawyers, Dallas;The Honorable Senior Judge, Fourteenth Judicial District of Texas; | |
关键词: stare decisis; common sense; civil law; criminal law; american jurisprudence; | |
DOI : 10.17951/sil.2018.27.1.59 | |
来源: DOAJ |
【 摘 要 】
Based on various law sources, the American common law is connected by a particular role of prior judicial rulings as a basis of judicial practice. The principle of stare decisis, which exists within its framework, leads to considering decisions of courts of higher instances as binding (settled in a binding manner of a given case type in the convention of res iudicata). However, it does not mean that precedents may not be amended or broken. In such a situation following factors may appear: defective rulings, triggering incoherent or unjust consequences, contraction with other precedents, and change of circumstances, which have led to a precedent decision to be taken.
【 授权许可】
Unknown