Stare Decisis is a fundamental principle in law that means "to stand by things decided." In simple terms, it's the practice where courts follow previous court decisions when handling similar cases. This principle helps make the legal system more predictable and consistent. When lawyers or legal professionals mention Stare Decisis in their resumes, they're showing they understand how to use past court decisions to support their current cases. It's similar to following established company policies or guidelines, but in the legal world. Other common terms for this concept include "precedent" or "case law."
Successfully applied Stare Decisis principles in multiple corporate law cases
Researched and utilized Case Law and Stare Decisis to support client arguments in court
Trained junior associates on proper application of Legal Precedent and Stare Decisis in case preparation
Typical job title: "Legal Associates"
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Q: How do you handle situations where different jurisdictions have conflicting precedents?
Expected Answer: A senior lawyer should explain how they analyze different jurisdictions' rulings, evaluate their applicability, and determine which precedents carry more weight in their specific case.
Q: Can you describe a time when you successfully challenged an established precedent?
Expected Answer: They should discuss how they identified why the precedent shouldn't apply, gathered evidence to support their position, and effectively argued for a different interpretation.
Q: How do you research relevant precedents for a new case?
Expected Answer: Should explain their process for finding similar cases, using legal databases, and evaluating which precedents are most relevant to their current case.
Q: What factors do you consider when determining if a precedent applies to your case?
Expected Answer: Should discuss comparing fact patterns, jurisdiction relevance, and how recent the precedent is.
Q: What is the basic concept of Stare Decisis?
Expected Answer: Should be able to explain that it means following previous court decisions and why this is important for consistency in law.
Q: How do you distinguish between binding and persuasive precedent?
Expected Answer: Should explain that binding precedents must be followed by lower courts, while persuasive precedents are suggestions from other jurisdictions.