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____ seeks "interpretation through the past decisions of higher courts which interpret the same statues or apply established and customary principles of law to a similar set of facts."

a. Stare Decisis
b. Habeas Corpus
c. Pro Bono
d. Amicus Curiae

1 Answer

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Final answer:

The legal principle referred to is stare decisis, which dictates that courts should follow past decisions when interpreting similar cases to ensure consistency and stability in law.

The correct option is a.

Step-by-step explanation:

The legal principle that seeks "interpretation through the past decisions of higher courts which interpret the same statutes or apply established and customary principles of law to a similar set of facts" is known as stare decisis. This Latin term translates to "stand by the decision" and is a cornerstone of the common law system. Under stare decisis, courts look to precedent, or previously decided cases, to guide and justify their decisions. By doing so, the consistency of precedent ensures greater certainty and stability in law.

For example, in matters of free speech and association, cases like National Association for the Advancement of Colored People v. Alabama, which protected the NAACP's right to assemble, were decided in accordance with this principle. However, it's important to note that stare decisis does not entirely impede legal evolution; significant shifts can occur, as evidenced by the transition from Plessey v. Ferguson's "separate but equal" doctrine to Brown v. Board of Education's mandate for integration. Thus, while stare decisis promotes legal continuity, it still allows for change when justified by shifts in societal values or the emergence of new insights.

User Eric Leibenguth
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