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25 October, 06:01

ABC Computers, Inc sued Happy Publishers Corporation. While the lawsuit was pending, the court found it necessary to apply the doctrine of stare decisis. Explain in complete sentences and in your own word what this means. In what way would the court apply this doctrine? Give an example of how the doctrine might be applied. What is the importance of this doctrine to the American legal system?

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  1. 25 October, 06:24
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    The doctrine of stare decisis is a legal doctrine that allows court cases to be judged based on judicial precedents. The previous rulings made by a particular court or a higher court within the same judicial system are upheld or followed in subsequent rulings.

    The court will apply this doctrine i. e. stare decisis, by considering a case that is similar to that of ABC Computers, Inc and Happy Publishers Corporation, and make its rulings based on that similar case. For example the local high court may make its judgement based on the U. S. Supreme Court precedent.

    It is unfair to treat similar cases differently on different occasions, the doctrine of stare decisis therefore allows similar cases to be judged in similar and predictable manners. It prevents American judges from disturbing already settled matters and being bias in their judgments.
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