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Literally meaning "let the former decision stand", _______________ refers to the following of prior _________When the facts are substantially the same.

A) Stare Decisis, Judgments
B) Res Judicata, Judgments
C) Stare Decisis, Decisions
D) Res Judicata, Decisions

1 Answer

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Final answer:

Stare Decisis, meaning 'let the former decision stand', refers to the principle of following prior judgments when cases have substantially the same facts. The correct form of this principle is Stare Decisis, and it guides judges in making decisions by giving precedence to past judgments.

Step-by-step explanation:

Literally meaning "let the former decision stand", Stare Decisis refers to the following of prior decisions. The answer to the given question is A) Stare Decisis, Judgments. Stare Decisis is a fundamental legal doctrine in common law systems where past judicial decisions create legal precedents which are then used to guide current and future deliberations and rulings. This principle confirms that when the facts are substantially the same as previous cases, new judgments should adhere to the previously established rulings, thus affirming continuity and stability within the judicial system. The Supreme Court has historically honored this principle, yet the last century has seen numerous cases where the Court has overruled precedent, especially in matters involving human rights, civil rights, or states' rights. Such flexibility in the application of Stare Decisis ensures that the law can evolve to address contemporary societal concerns while still maintaining legal consistency where feasible.

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