Questions from Outline

Question 1

What is ‘Stare Decisis’?

Answer 1

Doctrine that precedents should be followed (provides law with fairness, predictability and stability)

Question 2

What are characteristics of a ‘Mandatory Authority’?

Answer 2

Mandatory Authority is a holding from a prior case that:

1. Has materially similar facts
2. Has not been overruled or modified
3. Was decided by a higher court in the same jurisdiction