Question

The underlying principle behind the principle of stare decisis is

a-to make sure the law does not change
b-to ensure that all the facts are presented in a court case
c-to make sure that a law is constitutional
d-to act as a system of checks and balances on lower court decisions
e-to ensure a level of consistency and continuity in how the law is interpreted and applied

Answer 1

The principle of stare decisis ensures a level of consistency and continuity in how the law is interpreted and applied. It means that today's decisions are based largely on rulings from the past, and tomorrow's rulings rely on what is decided today. Stare decisis is important in the U.S. common law system as it provides greater certainty and stability in law and constitutional interpretation.

Step-by-step explanation:

The underlying principle behind the principle of stare decisis is to ensure a level of consistency and continuity in how the law is interpreted and applied. Stare decisis is a Latin term meaning 'stand by things decided.' It means that today's decisions are based largely on rulings from the past, and tomorrow's rulings rely on what is decided today.

Stare decisis is important in the U.S. common law system because it provides greater certainty and stability in law and constitutional interpretation. It also contributes to the legitimacy of the court system itself. Judges look to precedent, previously decided cases, to guide and justify their decisions. By following stare decisis, judges ensure that similar cases are decided consistently and predictably.

For example, the Supreme Court used stare decisis when it ruled in the case of National Association for the Advancement of Colored People v. Alabama. The Court relied on the freedom of assembly passage of the First Amendment to allow members of the NAACP to continue meeting with each other, overriding the state of Alabama's attempt to limit their ability to freely associate.