Question

1. Judge Dullard is a trial judge in State X. He is in a quandary over a recent case filed in his court. There are several state Supreme Court cases from the 1960s and 1970s applying a common law rule that is the opposite of a rule stated in a 1982 statute. He believes the rule contained in the statute is bad public policy and the common law rule is better. How should he decide this case?
2. Explain how the doctrine of stare decisis not only produces stability and predictability in the common law, but also enables the common law to evolve to meet changing social conditions.

Answer 1

Judge Dullard must take the decision according to the statute passed in 1982 as he must follow the recent law rules which is related to the recent similar case. As we know the common rule is better, but it is inconsistent and was followed in in1960s and 1970s, which was before 1982.

Stare decisis is a legal doctrine which states that court must follow the historical cases for reference with similar issues which will help them in deciding the recent case must be decided on the the basis of similar scenarios that occured in previous cases and the decisions taken on that cases. This will not only provide stability but also adapt the changing environment.