Paralegal Advanced Competency Exam (PACE) Practice Exam

Which role does the concept of stare decisis play in law?

1. It establishes new laws through legislation

2. It requires courts to follow precedents set in previous cases

3. It eliminates the need for case law

4. It only applies to criminal law

The correct answer is: It requires courts to follow precedents set in previous cases

The concept of stare decisis is foundational to the legal system and refers to the principle that courts are bound to follow the precedents established in prior judicial decisions when the same points arise in litigation. This principle promotes consistency and predictability in the law, allowing individuals and entities to rely on established legal interpretations when making decisions. By adhering to previous rulings, courts contribute to the stability of legal standards and ensure that similar cases result in comparable outcomes, which is essential for fairness and justice. While legislation creates new laws, and not all areas of law are governed by stare decisis, the primary function of this doctrine is to guide courts in their decision-making processes based on established precedents. It does not eliminate the need for case law; rather, it reinforces the importance of case law as a source of legal authority. Additionally, stare decisis applies broadly across various areas of law, not exclusively to criminal law. Thus, the statement that it requires courts to follow precedents set in previous cases accurately captures the essence of this legal doctrine.