Stare decisis and its application by us courts, Business Law and Ethics

Stare Decisis and Its Application by US Courts

However there is so far no case decided through the US Court of Appeal regarding the application of "stare Decisis" through US Courts.  Hence what we have are the rules that were formulated in 1970 through the then Court of Appeal to the East Africa at the occasion that it was also the Court of Appeal for US.  Conversely it can be assumed such rules that the Court of Appeal for East Africa laid down just for US Courts in the Dodhia v. National & the Grind lays Bank are still binding at the US Courts with the probable exception of the US Court of Appeal also.

These rules are like;

(i) Subordinate courts are bound through the decisions of superior courts.

Such for understand the full implications of this statement that you should have the diagram of the US courts in front of you there.

(ii) A subordinate appeal of court should be bound through a previous decision of its own.

So however subordinate courts of appeal are the High Court and the Resident Magistrate's Court and the Senior Resident Magistrate's Court and the Principal Magistrate's Court and the Senior Principal Magistrate's Court and the Chief Magistrate's Court and First Class District Magistrate's Court.  Conversely these courts are like "subordinate" its means they have higher courts above them. Therefore they are "courts of appeal" hence they hear appeals from the courts under them.

(iii) whereas a matter of the judicial policy and the final court of appeal, although it would normally regard its own  previous decision as binding, there should be free in both  criminal and civil cases to depart from such the previous decision whereas it appears right to do so.

Posted Date: 1/21/2013 7:02:21 AM | Location : United States







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