Stare Decisis
Stare Decisis is a fundamental principle in law that means "to stand by past decisions." It's like following a recipe that has worked well before - courts follow previous case decisions when ruling on similar cases. This makes the legal system more predictable and consistent. When lawyers or judges mention "precedent" or "case law," they're usually talking about Stare Decisis. This principle is especially important in Common Law systems like those in the United States, United Kingdom, and many other English-speaking countries.
Examples in Resumes
Applied Stare Decisis principles in drafting legal opinions for superior court cases
Researched and analyzed Stare Decisis applications in constitutional law matters
Trained junior associates on proper application of Stare Decisis and Legal Precedent in case analysis
Typical job title: "Legal Professionals"
Also try searching for:
Where to Find Legal Professionals
Professional Organizations
Legal Networks
Job Resources
Example Interview Questions
Senior Level Questions
Q: How would you handle a case where following Stare Decisis might lead to an unjust result?
Expected Answer: A senior legal professional should discuss balancing precedent with changing social conditions, explain the process of distinguishing cases, and mention circumstances where courts might need to overturn precedent.
Q: Explain how you would research and apply relevant precedents in a novel legal situation.
Expected Answer: Should demonstrate knowledge of legal research methods, ability to analyze similar cases for applicable principles, and explain how to bridge gaps between existing precedent and new situations.
Mid Level Questions
Q: What's the difference between binding and persuasive precedent?
Expected Answer: Should explain that binding precedents must be followed by lower courts in the same jurisdiction, while persuasive precedents from other jurisdictions can influence but don't require compliance.
Q: How do you determine if a precedent is still good law?
Expected Answer: Should discuss using legal research tools to check if cases have been overturned, modified, or questioned, and explain how to track the history of legal decisions.
Junior Level Questions
Q: What is Stare Decisis and why is it important?
Expected Answer: Should explain that it means following previous court decisions and helps maintain consistency in the legal system, making outcomes more predictable.
Q: How do you find relevant precedents for a case?
Expected Answer: Should mention basic legal research tools and databases, understanding how to search for similar cases, and checking if cases are still valid.
Experience Level Indicators
Junior (0-2 years)
- Basic legal research
- Understanding court hierarchies
- Case law analysis
- Legal writing fundamentals
Mid (2-5 years)
- Advanced precedent analysis
- Legal brief writing
- Research methodology
- Case distinction skills
Senior (5+ years)
- Complex precedent application
- Judicial opinion writing
- Precedent evaluation
- Legal strategy development
Red Flags to Watch For
- Unable to explain basic principles of precedent
- Lack of legal research skills
- Poor understanding of court hierarchies
- Limited knowledge of legal databases and research tools
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